Author: Dr. Muhammad Zia-ur-Rahman Al-Azmi رحمه الله
If a person has previously been married and then commits zina (adultery)—whether:
He is still considered a muḥṣan (legally married person) because he consummated a valid marriage.
Thus, the legal condition for being considered muḥṣan is not ongoing marriage, but having previously consummated a lawful marriage.
[Al-Lajnah al-Dā’imah: Fatwa no. 8820]
❖ Sharīʿah Ruling on a Previously Married Person Committing Zina
If a person has previously been married and then commits zina (adultery)—whether:
- His wife is still under his marriage,
- Or she has passed away,
- Or he has divorced her,
He is still considered a muḥṣan (legally married person) because he consummated a valid marriage.
✔ Applicable Punishment
- The punishment in such a case is Rajm (stoning to death).
- This applies to both men and women who have had marital relations within a valid marriage, regardless of their current marital status.
Thus, the legal condition for being considered muḥṣan is not ongoing marriage, but having previously consummated a lawful marriage.
[Al-Lajnah al-Dā’imah: Fatwa no. 8820]
