Is the woman who commits zina (unlawful sexual intercourse) subject to banishment?

The questioner : There is the hired worker who committed zina with a man’s wife; is she subject to banishment? Is the woman subject to banishment?

The Shaykh : Yes, if she is not a virgin, she is to be banished and flogged, but on the condition that she is banished to a safe country.

The questioner : So it is with you.

The Shaykh : No, some say even without a mahram (a relative one may not marry), but the correct view is that a mahram is necessary. However, the jurists hold that she is banished even without a mahram, but the correct view is that she is not banished except with a mahram.

The questioner : Meaning, a mahram is required.

The Shaykh : No, no, if we do not find anyone to go with her, she stays.

The questioner : Do you mean things like identification?

The Shaykh : It may be said that imprisonment is permissible, or it may be said that imprisonment is not permissible due to the necessity of it. It may be said that imprisonment is not permissible because imprisonment is more severe for the woman than banishment. The one who is banished goes and comes, leaving his home and entering it, but he is in another country, unlike the prisoner. It may be said that imprisonment is not permissible because it is an addition to banishment. We may also say that she is imprisoned, but there is no doubt that the most cautious course is to avoid imprisonment.