Is it obligatory for the guardian of the male and female fornicator to apply the two verses from Surat An-Nisa' concerning them, by confining the female fornicator to the house or harming the male fornicator until he repents, in Islamic countries where the Hadd penalties forzina are not established?
The hudud (punishments prescribed by Islamic law) are only to be enforced by the ruler or his representative. It is incumbent upon the guardian of one who has committed zina (unlawful sexual intercourse) to conceal their sin, encourage them to repent, seek forgiveness, and perform righteous deeds. The guardian is not obligated to imprison them for the purpose of enforcing the hadd punishment. However, the guardian must strive to prevent evil, change it, and deter its perpetrators, such as preventing a son or daughter from going to places of indecency, especially if she is a thayyib (a woman who has been married) and not trustworthy. In such a case, her guardian should keep her close to him to protect her and prevent her from committing indecency.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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