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When Does Fornication Obligate a Hadd Punishment?

Answered as per Hanafi Fiqh by Seekersguidance.org

Question: What extent of fornication obligates the hadd punishment? What if one is not sure it occurred?

Answer:

In the Name of Allah, the Most Merciful and Compassionate

Short Answer

There is no legal punishment due in this circumstance due to the following reasons:

Detailed Answer

When it comes to legal punishments (hudud), the Messenger of Allah (Allah bless him and give him peace) gave us the following principle:

He (Allah bless him and give him peace) said, “Avert legal punishments (hudud) from the Muslims as best as you can…” [Tirmidhi]

With that being said, you need not worry over legal punishments; your concern should be with repenting to Allah Most High. [Ibn ‘Abidin, Radd al-Muhtar]

Conditions of a Sound Repentance
However, in order for the repentance to be sincere and sound one must fulfill the following conditions:
(1) Sincere remorse for the sin
(2) Immediately leaving the sin
(3) Firm resolve never to repeat the sin

[Nawawi, Riyadh al-Salihin]

All Sound Repentance is Accepted

Know that if one makes sincere repentance there remains no doubt of its acceptance. Just as no thirst remains after taking a drink of water. [Ghazzali, Ihya ‘Ulum al-Din]

The Messenger of Allah (Allah bless him and give him peace) said, “The one who repents (sincerely) from a sin is like one with no sin.” [Ibn Majah, Tabarani in al-M’ujam al-Kabir, and Bayhaqi in Sh’ib al-Iman]

I hope this helps,
Allah knows best.
[Shaykh] Yusuf Weltch

Checked and Approved by Shaykh Faraz Rabbani

 

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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