⪼ The Prohibition and Punishment for Fornication and Adultery ⪻
❖ Reference:
Ṣaḥīḥ Muslim: 1690
Narrated by ʿUbādah ibn aṣ-Ṣāmit (رضي الله عنه)
The Prophet Muhammad ﷺ said:
“Take from me, take from me, indeed Allah has set a path for them. A virgin who fornicates with a virgin shall receive 100 lashes and one year of exile. And a married person who commits adultery with a married person shall receive 100 lashes and be stoned to death.”
In another narration:
“The virgin is to be flogged and exiled, and the married person is to be flogged and stoned.”
➊ Punishment for Fornication (Zinā by Unmarried Persons):
A virgin man or woman who commits zinā is to be given 100 lashes and one year of exile from their area.
➋ Punishment for Adultery (Zinā by Married Persons):
A married man or woman found guilty of zinā must be given 100 lashes followed by stoning to death (rajm). The dominant scholarly view is that stoning is the primary punishment and the lashes may not be applied, especially when stoning results in death.
➌ Mixed Cases (One Married, One Unmarried):
If the act occurs between a married man and a virgin woman, the man is to be stoned, and the woman receives 100 lashes and one year of exile. The reverse holds similarly. This is the position of the majority of scholars.
➍ Conditions for Implementing the Ḥadd:
Once a ḥadd crime becomes public, it is not permissible to cover it up or settle it privately through bribery or other means. Such actions lead to widespread immorality and weakening of Allah’s prescribed limits.
❖ Reference:
Ṣaḥīḥ Muslim: 1690
Narrated by ʿUbādah ibn aṣ-Ṣāmit (رضي الله عنه)
Hadith Summary
The Prophet Muhammad ﷺ said:“Take from me, take from me, indeed Allah has set a path for them. A virgin who fornicates with a virgin shall receive 100 lashes and one year of exile. And a married person who commits adultery with a married person shall receive 100 lashes and be stoned to death.”
In another narration:
“The virgin is to be flogged and exiled, and the married person is to be flogged and stoned.”
Key Learnings and Rulings
➊ Punishment for Fornication (Zinā by Unmarried Persons):A virgin man or woman who commits zinā is to be given 100 lashes and one year of exile from their area.
➋ Punishment for Adultery (Zinā by Married Persons):
A married man or woman found guilty of zinā must be given 100 lashes followed by stoning to death (rajm). The dominant scholarly view is that stoning is the primary punishment and the lashes may not be applied, especially when stoning results in death.
➌ Mixed Cases (One Married, One Unmarried):
If the act occurs between a married man and a virgin woman, the man is to be stoned, and the woman receives 100 lashes and one year of exile. The reverse holds similarly. This is the position of the majority of scholars.
➍ Conditions for Implementing the Ḥadd:
- Confession (iʿtirāf) by the sinner (repeated clearly four times), or
- Four eye-witnesses observing the act directly.
Without these, no ḥadd is applied. If someone falsely accuses without fulfilling these, they are liable for the punishment of false accusation (ḥadd al-qadhf).
Once a ḥadd crime becomes public, it is not permissible to cover it up or settle it privately through bribery or other means. Such actions lead to widespread immorality and weakening of Allah’s prescribed limits.
