A man who divorced his wife and committed zina: is his punishment stoning or flogging?
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Question twenty-eight from Fatwa number ( 18612 )
Q28: If a man commits zina after divorce, is he stoned, or is he considered not to be in a state of marriage (ghayr muhsan) because he has no wife in his custody? And is it permissible to carry out the hadd on oneself , such as cutting off one's hand after repenting from the crime of theft?
A28: First : This matter is referred to the authority and the Shari'ah court, and it is not hidden that among the noble objectives of Islam is the encouragement of covering up sins and repenting between the servant and his Lord. Second: It is not permissible for a person to cut off his hand to execute the hadd for theft on himself, nor to kill himself when there is something that permits his killing. The obligatory thing is: to repent to Allah the Exalted, seek His forgiveness, feel remorse for what has passed, resolve not to return to such a thing, and return the money he stole to its owners while covering up his own sin and not announcing that he was a thief. If he does not find the owners, or does not know them, he gives it in charity with the intention of it being for them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q28: If a man commits zina after divorce, is he stoned, or is he considered not to be in a state of marriage (ghayr muhsan) because he has no wife in his custody? And is it permissible to carry out the hadd on oneself , such as cutting off one's hand after repenting from the crime of theft?
A28: First : This matter is referred to the authority and the Shari'ah court, and it is not hidden that among the noble objectives of Islam is the encouragement of covering up sins and repenting between the servant and his Lord. Second: It is not permissible for a person to cut off his hand to execute the hadd for theft on himself, nor to kill himself when there is something that permits his killing. The obligatory thing is: to repent to Allah the Exalted, seek His forgiveness, feel remorse for what has passed, resolve not to return to such a thing, and return the money he stole to its owners while covering up his own sin and not announcing that he was a thief. If he does not find the owners, or does not know them, he gives it in charity with the intention of it being for them. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.