Punishment for Zina

16-4-2001 | IslamWeb

Question:

Is it permissible in Islam for a couple found guilty of adultery (Zina) by the Sharia Court to be sentenced to a fine of 2 thousand dollars and jail for 6 months? Is this sentence permissible in Islam? What about that money taken from that couple?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Whenever it is proven that a person has committed Zina (fornication or adultery), then imposing the Hadd (corporal punishment prescribed by Islamic Law) on him becomes compulsory as legislated in the Sharee’ah. The legal punishment is as follows:

If the free person who indulged in illegal sex is married then he/she should be stoned till death. There is no difference between the man and the woman in this ruling. There is a consensus of the companions of the Prophet and other Muslim scholars upon this ruling as Ibn Qudamah mentioned in his book, Al-Mughni. If the free person who practiced illegal sex is unmarried then he/she should be flogged hundred stripes.

The slaves would be flogged only fifty stripes regardless of their being married or not.

Allah Says (what means): {But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women.} [Quran 4:25]

The Shaafi’i and Hanbali Schools of jurisprudence held the opinion that a free unmarried person, whether a male or female, should be exiled from the place where he/she committed Zina for one year. The Maaliki School are of the view that the ruling of expulsion applies only to males, not females. Probably the first opinion is the most preponderant for the Hadeeth in which the Prophet said: “Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and exiled for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.” [Muslim]

The Prophet did not differentiate between a male and female in this ruling of expulsion. The punishment of keeping imprisonment/jailing was practiced in the beginning of Islam till Allah legislated the Hadd punishment as described in the above Hadeeth. All the Ummah from the time of the Prophet has been accepting it as a punishment for the one who commits Zina.

Imam Al-Qurtubi said: “According to the opinion of all Muslim scholars the verse in Surah An-Noor” The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, [Quran 24:2] has annulled the verses 16 and 17 in Surah An-Nisaa’ which prove jailing and hurting the one who commits Zina.” The meaning of the two verses which prove imprisoning and hurting are as follows {And the two who commit it among you, dishonor them both. But if they repent and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful. The repentance accepted by Allah is only for those who do wrong in ignorance [or carelessness] and then repent soon after. It is those to whom Allah will turn in forgiveness, and Allah is ever Knowing and Wise.} [4:16-17]

Imposing any other kind of penalty for the sin of Zina does not have any basis in the Sharee’ah.

Abu Hurayrah narrated that a Bedouin came to the Prophet and said: “O Prophet of Allah! Judge between us according to Allah's laws.” His opponent got up and said, “He is right. Judge between us according to Allah's laws.” The Bedouin said, “My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, “Your son has to be lashed one-hundred lashes and has to be exiled for one year.” The Prophet said, “No doubt I will judge between you according to Allah's laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile.” He then addressed somebody, “O Unais! Go to the wife of this (man) and stone her to death.” So, Unais went and stoned her to death. [Al-Bukhaari and Muslim]

Allah knows best.