There are no Conditions Attached to One Who Stones the Adulterer
Question:
One of the Islamic courts in the city of Ta'z, in the Yemen Arab Republic, ruled that a women be stoned for committing adultery. Some of the people were hesitant to stone her. The reason was that they said it is required that the one doing the stoning fulfil certain conditions, such as that he may be free of sin. Much was said about this. Advise us about this and may Allaah reward you with goodness.
Answer:
I was very happy to hear of the judgement of the Court in Ta'z that the married adulteress be stoned. By that, the punishment of Allaah, which most of the Islamic countries have neglected, would be implemented. So may Allaah reward the Court with goodness and grant the Government of Yemen and all of the Islamic Governments success in judging by the Law of Allaah between His creatures in the matter of punishments, as well as other matters. There is no doubt ruling according to the Law of Allaah will improve their affairs and bring them happiness in the life of this world and the Hereafter, and that it is incumbent upon the Muslims to cooperate in this.
Whoever takes part in stoning a married adulterer, is rewarded for that, and it is not fitting for anyone to abstain from it if a ruling of stoning is issued. The Prophet (sallAllaahu `alayhi wa sallam) ordered the Companions, may Allaah be pleased with them, to stone Ma'iz al-Aslami, and the two Jews, and the women from the Ghamidi tribe, as well as others. The Companions, may Allaah be pleased with them, hastened to do it. May Allaah grant the Muslims success in following their way in punishments and other matters.
There is no such condition that one who takes part in stoning must be sinless or free from error. This is because the Messenger (sallAllaahu `alayhi wa sallam) did not impose such a condition, and it is not permissible for any person to impose a condition for which there is no evidence from the Book of Allaah, Most Glorified or the Sunnah of His Messenger (sallAllaahu `alayhi wa sallam).
And Allaah is the Granter of success.
Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, The book of Legal Punishments, Vol. 6, pp. 190-191, DARUSSALAM
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