What Is the Punishment if a Married Man and an Unmarried Woman Commit Zina?
Answered by Mawlana Ilyas Patel
Question
I specifically want to know that in hadith, the punishment for a married man and a married woman committing fornication is 100 lash and stoning to death, and if an unmarried woman and an unmarried man commit fornication, they should be lashed 100 times( no death penalty).
My question is, there is no such explanation for a case like if an unmarried woman and a married man commit fornication. If this so happens, what will be the specific punishment for the man and the woman?
Will the unmarried woman be stoned to death because she did it with a married man, or will she be just lashed 100 times, and only the man will be stoned to death?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
The married man will be penalized with stoning to death, and the unmarried woman with a hundred lashes.
If the person who committed unlawful sexual intercourse is or has been married (muhsan), he is pelted with stones until he dies.
If he was not married and had never consummated a marriage and is a free man, then his penal punishment is one hundred lashes. As a note, the punishment and its procedure are the same for men and women.
The male (muhsan) and female (muhsana) are those who are married or have been married at some point in a consummated marriage. [Maydani, al-Lubab fi Sharh al-Kitab]
Differences in the Variance of Penal Punishments
Those who are married, male or female, have had a halal outlet to fulfill their desires. Thus, the punishment is severe as the impact is on a wider scale between two families, especially the spouse and children if they have any, and ultimately, it can affect the wider society, too.
Note that penal punishments can only be applied in an Islamic-ruled state judged by an Islamic court process.
I would like you to go through the valuable answers and links below. In sha’ Allah, you will receive guidance and direction.
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
