When Does Fornication Obligate a Hadd Punishment?

Question: What extent of fornication obligates the hadd punishment? What if one is not sure it occurred?

Answer:

In the Name of Allah, the Most Merciful and Compassionate

 

Short Answer

There is no legal punishment due in this circumstance due to the following reasons:

 

Detailed Answer

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]

However, in order for the repentance to be sincere and sound one must fulfill the following conditions:

(1) Sincere remorse for the sin

(2) Immediately leaving the sin

(3) Firm resolve never to repeat the sin

[Nawawi, Riyadh al-Salihin]

 

All Sound Repentance is Accepted

Know that if one makes sincere repentance there remains no doubt of its acceptance. Just as no thirst remains after taking a drink of water. [Ghazzali, Ihya ‘Ulum al-Din]

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