Ali Ibn Abi Talib - Volume 1 of 2

248 'Ali ibn Abi Ttlib at the time of the Rightly Guided Caliphs
that" as referring to anything more than forty lashes, or as meaning
that he did not prescribe giving lashes with the whip; rather he
prescribed using shoes and the hems of garments, striking forty
times. And Allah (&) knows best.''' The Islamic jurists derived
from the actions of the Rightly Guided Caliphs the number of lashes
for the hadd punishment. According to Milk, ath-Thawri, Abu
Haneefah and those who followed them, it is eighty, because of the
consensus of the Companions. Those who said that the hadd
punishment is forty lashes were Abu Bakr and ash-Sh2fafa'i, and it was
one of the views of Apmad. The extra number added by 'Umar (&)
is to be interpreted as a disciplinary punishment that is permissible to
cany out if the ruler sees fit. This is the correct view according to ash-
~h2fa'i.l'~ This opinion was also favoured by lbn Taymiyah, who
said: "But if drinking is not widespread and not excessive, then forty
lashes is eno~~h.""~
2.1.3. "You have no authority over
what is in her womb
A pregnant woman was brought to 'Umar (&). When he
questioned her, she admitted committing adultery, so 'Umar ordered
that she be stoned. She was met by 'Ali (&), who said: "What is
going on with this woman?" They said: ''Amit- al-Mu'mineen
('Umar) has ordered that she be stoned." 'Ali took her back and said:
"Did you order that she be stoned?" 'Umar (&) said: "Yes, she
admitted to me that she had committed adultery." 'Ali (&) said:
"You have authority over her, but what authority do you have over
what is in her womb?" And 'Ali (&) . said: "Perhaps you rebuked
.
her or scared her." 'Umar (&) said: "That is what happened." 'Ali
(&) said: "Did you not hear the Prophet (g) say: 'No hadd
punishment is to be carried out on someone who admits wrongdoing
if he is subjected to harshness. If you chain or detain or threaten
someone, then his admission is not valid."' So 'Umar (&) let her