Author: Dr. Muhammad Zia-ur-Rahman Al-Azmi رحمه الله
If a Muslim commits the crime of zina (fornication or adultery), the Sharīʿah-prescribed punishment depends on the individual's marital status:
The ḥadd punishment is to be enforced only when the crime is definitively proven through one of the following:
① A clear confession by the offender, or
② The testimony of four upright (ʿadl) male witnesses who saw the act directly.
The ḥadd punishment is not to be enforced by individuals. It must be:
This ensures due process, prevents vigilantism, and upholds justice.
[Al-Lajnah al-Dā’imah: Fatwa no. 4889]
❖ Sharīʿah Punishment for the Crime of Zina by a Muslim
If a Muslim commits the crime of zina (fornication or adultery), the Sharīʿah-prescribed punishment depends on the individual's marital status:
① For the Unmarried (al-Bikr)
- The punishment is:
- 100 lashes, and
- One year of exile from the homeland.
② For the Married (al-Muḥṣan)
- The punishment is:
- Stoning to death (Rajm) until the person dies.
⚖ Conditions for Enforcement of the Ḥadd Punishment
The ḥadd punishment is to be enforced only when the crime is definitively proven through one of the following:
① A clear confession by the offender, or
② The testimony of four upright (ʿadl) male witnesses who saw the act directly.
✔ Who Has the Authority to Enforce the Ḥadd?
The ḥadd punishment is not to be enforced by individuals. It must be:
- Implemented by the ruler of the Islamic state, or
- By a Sharʿī judge or legal authority appointed by him.
This ensures due process, prevents vigilantism, and upholds justice.
[Al-Lajnah al-Dā’imah: Fatwa no. 4889]
