The punishment for Zina is whipping for the unmarried felon and stoning for the married felon. In other words, the penalty is whipping for fornication and stoning for adultery.

Suppose there is a person who was married in the past but is no longer married. If the said person now commits zina then is (s)he given the punishment of whipping or stoning?


Asalaam alaikum

All Sunni schools of jurisprudence agree that zināa is to be punished with stoning to death if the offender is a free, adult, married or previously married Muslim (muhsan). Persons who are not muhsan (i.e. a slave, a minor, never married or non-Muslim) are punished for zina with one hundred lashes in public and one year of banishment.

  • Ibn Hajar al-Haythami said in al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir (2/138):

Thus it is also known that there are different categories of zina. If it is done with a non-mahram woman who has no husband it is a serious matter. It is more serious if it is with a non-mahram woman who has a husband; it is more serious still if it is with a mahram. The zina of a previously-married person is worse than zina of a virgin, which is indicated by the fact that the punishment is different. And the zina of an old man who is of sound mind is worse than the zina of a young man, and the zina of a free man or a knowledgeable man is worse than the zina of a slave or one who is ignorant.

And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to hell unless Allaah forgives him) [al-Isra’ 17:32]

may Allah have mercy on you and guide you to the straight path.

Allah knows best.

  • Good answer though just one correction, Even If the person is an adult and has never married then the punishment of zinah would also be 100 lashes in public and 1 year of banishment. Sep 13 at 9:17
  • @SyedMohammadSannan jazaakallah for the correction. Sep 13 at 10:24
  • No problem, may Allah bless the Muslims who help each other and this site. Sep 13 at 11:34

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