Is the prescribed legal punishment for zina (unlawful sexual intercourse) a consequence of the crime of zina itself, or due to the fornicator's audacity against Allah and his breaking of Allah's concealment with the presence of four witnesses? And should every fornicator whose affair has not been exposed remain concealed, or should he report himself to the competent authorities, taking into consideration the existence of two Islamic states, one of which applies Sharia and the other does not?
The reason for punishing an adulterer is his committing adultery despite knowing its prohibition. However, if someone commits it without knowing its prohibition, such as a recent convert to Islam or someone born in a place far from people of knowledge, there is no hadd (prescribed punishment) for him. The adulterer’s defiance of Allah occurs even if no one witnesses him, for Allah is aware of all matters. The condition of four witnesses was stipulated to protect the right of the accused, because the outcome could be stoning. Whoever commits an indecent act and Allah conceals him, should not unveil Allah’s concealment nor tell anyone. He should cover himself with Allah’s concealment and repent to Him, for the Prophet, peace and blessings be upon him, said: “Avoid these impurities which Allah has forbidden. Whoever commits any of them, let him conceal himself with Allah Almighty’s concealment and repent to Allah Almighty, for whoever reveals his affair to us, we will apply Allah’s Book upon him.”
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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