Punishment for illegal sexual intercourse
Praise be to Allah, the Lord of the Worlds; and Blessings and peace be
upon our Prophet Muhammad and upon all his Family and Companions.
The punishment of a person who commits Zina (adultery and
fornication) is made certain and clear in the Qur’an and the Sunnah. Allah Says (Interpretation of meaning): ": The woman and the man (i.e., unmarried) guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and Last Day. And let a party of the believers witness their punishment}. [24:2] This punishment is also clear in the sound Hadith, it was also inflicted on some persons during Prophet Muhammad’s life. Muslim, Al-Termidi, Ibn Majah and Abu-Dawood narrated from Ubadah Ibn Samit () he said that Prophet (Blessings and peace of Allah be upon him) said: “Take this (teaching) from me, take this from me. Allah has given them a way. If a virgin male commits fornication with a virgin female, flog them with a hundred stripes and exile them for a year. If two people commit Zina and none of them is virgin flog them with a hundred stripes and pelt them both with stones to death”. Al-Bukhari and Imam Ahmad narrated from Abu-Huraira () he said that Prophet Muhammad (Blessings and peace of Allah be upon him) made a rule on the person who commits fornication and has never married to be exiled for a year and to have the punishment (as mentioned above) inflicted on him/her. We can deduce from the above evidence that the rule of the virgin person who commits Zina is exiling him/her and flogging him/her. But if the person was married or had been married before, he should be flogged and stoned to death (both punishments together). Some scholars, however, exempted the woman from the exile rule. They believe that she should be isolated within her own area for the same period, i.e., a year but not exiled to another place. On the other hand, the person who takes his punishment according to the above rule will be purified from this sin in the Hereafter as reported in Al-Ghamidia (a woman) Hadith. Prophet Muhammad (Blessings and peace of Allah be upon him) said: “She had repented a repentance if distributed among all those who live in Al-Madina, it would be enough for them”. But this is only from the view of those who believe that the Hudud (legal punishments) are compensations. But there is another view that says that the Hudud are only for driving the people away from committing these sins. So, one should all the time ask repentance from Allah. As for the people who commit a Zina secretly without anybody knowing about it, they are subjected to their sin when they meet Allah. He can either punish them or pardon them. Repentance is indeed a way to salvation if one really wants to be saved. And Allah knows best.
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