Question: What extent of fornication obligates the hadd punishment? What if one is not sure it occurred?
In the Name of Allah, the Most Merciful and Compassionate
There is no legal punishment due in this circumstance due to the following reasons:
When it comes to legal punishments (hudud), the Messenger of Allah (Allah bless him and give him peace) gave us the following principle:
He (Allah bless him and give him peace) said, “Avert legal punishments (hudud) from the Muslims as best as you can…” [Tirmidhi]
With that being said, you need not worry over legal punishments; your concern should be with repenting to Allah Most High. [Ibn ‘Abidin, Radd al-Muhtar]
[Nawawi, Riyadh al-Salihin]
All Sound Repentance is Accepted
The Messenger of Allah (Allah bless him and give him peace) said, “The one who repents (sincerely) from a sin is like one with no sin.” [Ibn Majah, Tabarani in al-M’ujam al-Kabir, and Bayhaqi in Sh’ib al-Iman]
I hope this helps,
Allah knows best.
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Yusuf Weltch is a graduate from Tarim; a student of Habib Umar and other luminaries; and authorized teachers of the Qur’an and the Islamic sciences