The discussion regarding this issue is in three sections:

First: The obligation of stoning for the adulterer who is muhsan (previously married), whether male or female. This is the view of the general body of scholars among the Companions, the Successors, and those after them from the scholars of the various regions in all eras. We know of no one who contradicts this except the Khawarij, for they said: The flogging is for both the virgin and the previously married, based on the saying of Allah the Exalted: {The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes} (1). They said: It is not permissible to abandon the Book of Allah the Exalted, which is established by way of certainty (qat'), for reports of individual narrators (ahad) in which lying is possible, and because this leads to the abrogation of the Book by the Sunnah, which is not permissible. Our response is that stoning has been established from the Messenger of Allah (may Allah bless him and grant him peace) by his speech and his action, in reports that resemble mass-transmitted reports (tawatur) (2). The Companions of the Messenger of Allah (may Allah bless him and grant him peace) reached a consensus upon it, as we shall mention during the chapter in its proper places, if Allah the Exalted wills. Allah the Exalted had revealed it (3) in His Book, but its text (rasm) was abrogated while its ruling remained. It was narrated from Umar ibn al-Khattab (may Allah be pleased with him) that he said: "Verily, Allah the Exalted sent Muhammad (may Allah bless him and grant him peace) with the truth and revealed the Book to him. Among what was revealed to him was the verse of stoning; I read it, understood it, and memorized it. The Messenger of Allah (may Allah bless him and grant him peace) stoned, and we stoned after him. I fear that if a long time passes for the people, a speaker will say: We do not find stoning in the Book of Allah, so they will go astray by abandoning an ordinance that Allah the Exalted revealed." Stoning is a right upon whoever commits adultery when they are muhsan, among men and women, if clear evidence (bayyinah) is established, or if there is pregnancy, or confession. I have read it: "The older man and the older woman [if they commit adultery], stone them both absolutely as an exemplary punishment from Allah, and Allah is Exalted in Might, Wise." Agreed upon (5). As for the verse of flogging, we uphold it, for the adulterer must be flogged. If he is previously married (thayyib), he is stoned in addition to being flogged, and the verse did not address negating this. Ali (may Allah be pleased with him) pointed to this,