Punishment for Zina

The adulterer's state does not leave one of two cases: **1. Either Muhsan (married/previously married)** **2. Or Ghayr Muhsan (unmarried)** --- **FIRST: The Muhsan (Married) Adulterer:** **Conditions for Ihsan (5 conditions):** a) Vaginal intercourse has occurred from him previously b) That intercourse was in a valid marriage contract c) Both the man and woman at the time of that intercourse were adult, free, and sane **Definition:** A Muhsan is one who had intercourse with his wife vaginally, in a valid marriage, while both were adult, sane, and free. So these are **five conditions** that must be met for Ihsan that necessitates the hadd: 1. Puberty (bulugh) 2. Sanity ('aql) 3. Freedom (hurriyah) 4. Vaginal intercourse 5. That intercourse was in a valid marriage --- **Punishment:** If a Muhsan commits zina, the punishment is **stoning with stones until death** - whether male or female. Stoning is established from the Prophet ﷺ by **tawatur** (mass transmission) - from his words and actions. Stoning was mentioned in the Quran, then its wording was abrogated while its ruling remained. This was in Allah's saying: "The old man and the old woman, if they commit zina, stone them absolutely, as a punishment from Allah. And Allah is Mighty, Wise." **Evidence:** Umar ibn al-Khattab رضي الله عنه gave a sermon saying: "Allah sent Muhammad with the truth and revealed to him the Book. Among what was revealed was the verse of stoning. We read it, memorized it, and understood it. The Messenger of Allah ﷺ stoned, and we stoned after him. I fear that with the passage of time, someone will say: 'We do not find stoning in Allah's Book' - and they will go astray by abandoning an obligation Allah revealed. Stoning is a right in Allah's Book upon whoever commits zina if he is muhsan, among men and women, if evidence is established, or there is pregnancy, or confession" [Bukhari & Muslim]. Abu Hurayrah رضي الله عنه reported that a Muslim man came to the Messenger of Allah ﷺ while he was in the mosque and called out: "O Messenger of Allah, I have committed zina." He turned away from him. The man moved to face him and said: "O Messenger of Allah, I have committed zina." He turned away from him. This continued until the man had testified against himself four times. The Messenger of Allah ﷺ called him and said: "Are you insane?" He said: "No." He said: "Are you muhsan?" He said: "Yes." So the Prophet ﷺ said: "Take him and stone him" [Bukhari & Muslim]. **Consensus:** Scholars have unanimously agreed that whoever commits zina while muhsan, his ruling is stoning with stones until death. --- **SECOND: The Ghayr Muhsan (Unmarried) Adulterer:** This is one in whom the previous conditions for the Muhsan adulterer are not met. **Punishment:** 100 lashes + exile for one year. However, for a woman to be exiled, she must have a mahram with her. **Evidence:** Allah says: "The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes" [An-Nur: 2]. 'Ubadah ibn as-Samit رضي الله عنه reported that the Messenger of Allah ﷺ said: "Take from me, take from me! Allah has made a way for them. The virgin with the virgin: one hundred lashes and exile for a year" [Muslim]. **Exile (Taghrib):** Banishing and distancing him from his homeland. --- **THE SLAVE:** If a slave commits zina - whether muhsan or not, male or female - the punishment is **fifty lashes**. **Evidence:** Allah says: "And if, when they are married, they commit sexual immorality, then for them is half the punishment for free [unmarried] women" [An-Nisa: 25]. The punishment mentioned in the verse is one hundred lashes. So the halving applies to it. Also, stoning cannot be halved. **No exile for slaves** - the Sunnah did not mention exiling the slave if he commits zina, and because exiling him would harm his master. **A woman is not exiled except with a mahram** - as mentioned previously.