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The question

Why is someone who has tasted sexual intercourse unlawfully flogged, while someone who has tasted sexual intercourse lawfully (after divorce or losing his wife) is stoned?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Sharia has mandated stoning for the married fornicator, who is a married person who has had sexual intercourse with their spouse in a valid marriage contract, and Muslims have unanimously agreed on this. There is no difference whether they are married, divorced, or their spouse has passed away. As for the unmarried fornicator, their punishment is lashing. The wisdom behind this is that the married person has tasted what is permissible and known its path; therefore, their ingratitude for the blessing necessitates a severe punishment for them so that they do not become a bad example for others. The Sharia sought to close the door of adultery for the married, so their punishment was death. Whereas the unmarried person has not received the same blessing as the married person, so their punishment was not death. Ultimately, the lesson lies in Allah's command and judgment, whether the wisdom is known or not.

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Where this answer came from
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Ftawy
Original fatwa ID
20255
Imported
Translation status
Source text, unreviewed
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