which usually leads to death, so he is executed in retribution. Abu Hanifah said: He is executed, due to the generality of the reports mentioned earlier, and because it is a crime that necessitates the killing of a Muslim, thus it necessitates the killing of a dhimmi (protected non-Muslim), just like murder. Our position is that Labid ibn al-A'sam performed magic on the Prophet (may Allah bless him and grant him peace), and he did not kill him. Also, disbelief (shirk) is greater than his magic, and yet he is not killed for it. The reports [concerning killing the sorcerer] were narrated regarding the Muslim sorcerer, because he becomes a disbeliever through his magic, whereas this [the dhimmi] is an original disbeliever. Their analogy is invalidated by the [practice of] professing disbelief and speaking of it, and it is invalidated by the case of adultery committed by a married person (muhsan), for a dhimmi is not executed for it according to them, while a Muslim is executed for it. And Allah knows best.

Book of Hudud (Prescribed Punishments)

Adultery is forbidden and is one of the major sins, based on the saying of Allah, the Exalted: "And do not approach adultery; indeed, it is an immorality and is evil as a way" (Quran 17:32). And He, the Exalted, says: "And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden, except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty. The punishment will be multiplied for him on the Day of Resurrection, and he will abide therein humiliated" (Quran 25:68-69). 'Abdullah ibn Mas'ud narrated: I asked the Messenger of Allah (may Allah bless him and grant him peace): Which sin is greatest? He said: "To associate a partner with Allah while He created you." I said: Then what? He said: "To kill your child out of fear that he might eat with you." I said: Then what? He said: "To commit adultery with your neighbor's wife." [Reported by Al-Bukhari and Muslim]. The punishment for the adulterer in the early period of Islam was imprisonment for the previously married (thayyib), and verbal chastisement through rebuke and scolding for the virgin (bikr), due to His saying, the Sublime: "Those who commit unlawful sexual intercourse of your women, bring against them four [witnesses] from among you; and if they testify, confine them in houses until death takes them or Allah ordains for them a way. And the two who commit it among you, dishonor them both. But if they repent and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance, Merciful" (Quran 4:15-16). Some of the people of knowledge said: The intended meaning of His saying "of your women" is the previously married (thayyib), because His saying "of your women" is an attribution of marriage, as in His saying: "For those who swear not to have sexual relations with their wives" (Quran 2:226).