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What is meant by Al-Hasan's statement: "If an unmarried woman commits fornication, she is to be lashed one hundred times, banished, and returned to her husband with what she took from him," knowing that an unmarried woman does not have a husband?

1 min readAlso available in العربية

Al-Tabari and others narrate from Al-Hasan Al-Basri that an unconsummated bride who commits adultery is to be lashed one hundred times, banished for one year, and must return to her husband what she took from him. He supports this by citing the Almighty's words: ﴿And do not make difficulties for them in order to take back part of what you gave them, unless they commit a clear immorality.﴾

The term "unconsummated bride" (bikr) here refers to a married woman who committed adultery before consummating the marriage. Sa'id ibn Mansour narrated from Ibrahim and Al-Hasan that if she commits adultery before consummation, she is to be given the prescribed punishment (hadd), they are to be separated, and she has no right to the dower (sadaq). Ibn Abi Shaybah clarified from Al-Hasan that if a man marries a woman and she then commits adultery before consummation, they are to be separated, she has no right to the dower, she is to be lashed one hundred times and banished for one year. If he is the one who commits adultery, they are to be separated.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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