Is the punishment of imprisonment for the fornicator considered repentance?
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Question:
He says: In our country, if a fornicator commits zina (unlawful sexual intercourse), he is imprisoned for a period of time. Is the imprisonment, or is his imprisonment, considered repentance?
Answer:
No,[An-Nur 24:2] this is for the virgin. As for the non-virgin who has married and committed zina, he is stoned with stones until he dies. The virgin with the virgin is one hundred lashes and one year of exile. The non-virgin with the non-virgin is one hundred lashes and stoning. This is the well-established Sunnah (recommended practice) of the Messenger of Allah (peace and blessings be upon him) that he is to be stoned. Imprisonment is not sufficient, and none of the punishments suffice in place of the hudud (fixed Qur'anic punishments) that Allah the Exalted has made obligatory. The hudud must be carried out.
He says: In our country, if a fornicator commits zina (unlawful sexual intercourse), he is imprisoned for a period of time. Is the imprisonment, or is his imprisonment, considered repentance?
Answer:
No,
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ
Source
قناة «العلامة الدكتور صالح الفوزان»، هل عقوبة السجن للزاني تعتبر توبة؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.