JURISPRUDENTIAL INSIGHTS DERIVED FROM THE HADITH OF THE LABORER (A COMPARATIVE JURISPRUDENTIAL STUDY)

Abstract

This research aims to study and analyze the jurisprudential insights derived from the Hadith of the Laborer from a comparative jurisprudential perspective. This study employs an inductive, analytical, and comparative methodology by examining the opinions of jurists on the derived issues, clarifying the rulings that can be derived from them, and presenting and comparing these opinions. The nature of the study necessitated dividing the research into an introduction, a preliminary section, and two main sections. The first section is dedicated to the jurisprudential insights related to the punishment for adultery, and the second to the jurisprudential insights related to adjudication and proof. This study reached several conclusions, including: The most equitable opinion regarding the punishment for an unmarried adulterer is one hundred lashes and one year of exile for the man, but not for the woman. The punishment for a married adulterer is stoning to death. Adultery by one spouse does not affect the validity of the marriage contract. The punishment for adultery varies according to the circumstances of the adulterers. Those who are subject to the prescribed punishment cannot be redeemed. A confession of adultery does not extend beyond the individual who confessed. Confession four times is required to establish the punishment for adultery. If someone falsely accuses a specific person who is absent, the judge must summon the accused and inform him of his rights. The judge may rule based on the confessions of the disputing parties in his court without requiring witnesses. The judge has the right to delegate the implementation of God's prescribed punishments.