Category:The Book of Hudud in Muwata Malik

List of Chapters in The Book of Hudud

Combined Book Name

The Book of Hudud*Muwata Malik Belongs to the following Combined Book Name

The Book of Hudud Summary

1. Malik related to me that Ibn Shihab informed him that a manconfessed that he had committed adultery in the time of the Messengerof Allah may Allah bless him and grant him peace and he testifiedagainst himself four times so the Messenger of Allah may Allah blesshim and grant him peace gave the order and he was stoned
2. Then Iasked the people of knowledge and they told me that my son deserved tobe flogged with one hundred lashes and exiled for a year and theyinformed me that the woman deserved to be stoned
3. He came to her while there were women around her andmentioned to her what her husband had mentioned to Umar ibn al Khattab and informed her that she would not be punished on his wordand began to suggest to her by that that she should retract
4. That is because the hadd is what is forAllah and it is only applied by one of two means either by a clearproof which establishes guilt or by a confession which is persisted inso that the hadd is imposed
5. If shecommits fornication again then flog her and if she commitsfornication again then sell her if only for a rope
6. Malik said The position with us about a woman who is found tobe pregnant and has no husband and she says I was forced or shesays I was married is that it is not accepted from her and thehadd is inflicted on her unless she has a clear proof of what sheclaims about the marriage or that she was forced or she comes bleedingif she was a virgin or she calls out for help so that someone comes toher and she is in that state or what resembles it of the situation inwhich the violation occurred
7. When he said that thesituation was confused for me so I wrote about it to Umar ibn Abd al Aziz who was the governor at that time and I mentioned it to him
8. Zurayq said I wrote toUmar ibn Abd al Aziz also What do you think about a man who isslandered or his parents are slandered and both or only one of themare dead He said Umar wrote to me If he forgives his pardon ispermitted for himself
9. Malik related to me fromAbu r Rijal Muhammad ibn Abd ar Rahman ibn Haritha ibn an Numan al Ansari then from the Banu n Najar from his mother Amra bint Abd ar Rahman that two men cursed each other in the time of Umar ibn al Khattab
10. Malik said about a man who madehis slave girl halal to a man that if the one for whom she was madehalal had intercourse with her her value was estimated on the day hehad intercourse with her and he owed that to her owner whether or notshe conceived
11. Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnHazim that Amra bint Abd ar Rahman said A isha the wife of theProphet may Allah bless him and grant him peace went out to Makkaand she had two girl mawlas of hers and a slave belonging to the sonsof Abdullah ibn Abi Bakr as Siddiq
12. Thatis because the Messenger of Allah may Allah bless him and grant himpeace cut off the hand of a thief for a shield whose value was threedirhams and Uthman ibn Affan cut off the hand of a thief for a citronwhich was estimated at three dirhams
13. Yahya saidthat he heard Malik say What is done among us about a person whosteals the goods of people which are placed under guard in themarkets and their owners put them in their containers and store themtogether is that if anyone steals any of that from where it is kept and its value reaches that for which cutting off the hand is obliged his hand must be cut off whether or not the owner of the goods iswith his goods and whether it is night or day
14. Malik said that if some people came to a house androbbed it together and then they left with a sack or box or a boardor basket or the like of that which they carried together and whenthey took it out of its guarded place they carried it together andthe price of what they took reached that for which cutting off thehand was obliged and that was three dirhams and upwards each of themhad his hand cut off
15. Malik said What is done in our communityabout a slave who steals from the property of his master is that if heis not in service and among those trusted in the house and he enterssecretly and steals from his master something that for which cuttingoff the hand is obliged his hand is not cut off
16. If the thing which one of them steals from hisspouse s property is in a room other than the room which they bothlock for themselves or it is in a place of custody in a room otherthan the room which they are in whichever of them steals somethingfor which cutting off the hand is obliged their hand should be cutoff
17. It is then in the position of sheep stolen fromthe mountain and uncut fruit hanging on the trees Maliksaid What is done among us about a person who robs graves is that ifwhat he takes from the grave reaches what cutting off the hand isobliged for his hand is cut off
18. Malik said One does not cutoff the hand of a hireling or a man who is with some people to servethem if he robs them because his state is not the state of a thief

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