❀ Question:
If an unmarried man and a married woman engage in consensual adultery, and later both feel remorse and wish to repent, what is the Islamic ruling regarding their punishment or expiation? What if they live in a country where complete Islamic law is not enforced—what would be their ruling in that case?If the woman's husband learns about the adultery, is he required to divorce her, or may he continue living with her—especially considering they have three small children and she has never committed such a sin before? Kindly provide guidance based on the Qur'an and Hadith.
❖ Islamic Punishment for Adultery
Adultery (zinā) is a major sin and a grievous act that is strictly prohibited in Islam—whether committed consensually or by force.- If both the man and woman are married, their Islamic punishment is stoning to death (rajm).
- If both are unmarried, their punishment is 100 lashes.
Allah ﷻ says:
﴿الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ...﴾ [النور: 2]
"The woman and the man guilty of fornication, flog each one of them with a hundred lashes... And let a group of the believers witness their punishment."
Regarding the punishment for married individuals, ʿUmar ibn al-Khaṭṭāb (رضي الله عنه) stated:
«إِيَّاكُم أن تَهْلِكُوا عن آيَةِ الرَّجْمِ...»
"Beware, do not be misled about the ruling of stoning. The Messenger of Allah ﷺ stoned (adulterers), and we too have stoned. Had it not been feared that people might say that ʿUmar added to the Qur'an, I would have recorded it: 'The old man and old woman who commit adultery—stone them both.'"
— Muwaṭṭā Mālik, Hadith 1506, Book of Hudūd
❖ Prohibition of Enforcing Punishments Privately
These punishments can only be carried out by an Islamic government.No individual has the right to impose them on their own.
In the absence of an Islamic state, the individuals involved must perform sincere repentance (taubah) and never return to such sin. Allah is the Most Merciful and accepts true repentance. After such repentance, no expiation (kaffārah) is required.
❖ Guidance for the Husband
If the husband becomes aware of his wife's sin, he has the right to choose:- If the wife has sincerely repented, he should consider giving her another chance, especially considering her previous clean record and the presence of small children.
- Forgiving her in such a case is commendable, though not obligatory.
- However, if she repeats the sin, then instead of taking extreme and forbidden actions (like violence), he may divorce her.
(And Allah knows best)
