Adultery

Punishment for Zina [Adultery/Fornication]

 

Quick Navigation:

Intro.| Introduction | Unlawful Relations : Private / Public (Intercourse)
Witnessing| 4 Witnesses | Wisdom | Li’aan
Punishment| Abrogation [4:15] | Punishment for: Non-Married / Married / Pregnant / Weak.
Misc. | Paradise | After Punishment | Doubt = No Punishment & Giving Excuses | Modern Technology
Related | Honor Killings | Rape? |
Solutions| Why not Marry? |
End | Conclusion | References to Ahadith in Arabic.

Introduction:

It is well known that the foundation of every society is the Home. If the households of a society are running in harmony, then society as a whole will run well and in harmony.

The foundation of the Household:

- is based on the close Relationship between the Husband and Wife.
- Islam places a strong emphasis in creating Love between the husband and the wife,
- Islam aims to Remove any Doorway to Fornication and Adultery.
- Adultery/Fornication [Zina] would lead to Doubts and Suspicions within a relationship, and breakdown the household.
- If this evil became public – alot of people would do it without embarrassment – and that would gradually break down many homes
(because Zina harms the rights of others; i.e. the husband/wife, the child born will not know his father, family respect etc.) , and gradually breakdown Society as a whole.

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Unlawful Relations:

It is known that no matter how much prevention to evil there is in society – there are always ways by which people can resort to “Secret Relationships outside of marriage.” Such relationships are a form of Zina, which will be an Arabic word used alot in this article, and means both; Fornication and Adultery.

So Allah revealed Guidance by which the evils would remain Hidden, and would not become public and widespread. Because with evils becoming public – they spread Corruption.

In the case of Secret Relationships, one of two circumstances will occur:

The Relationship Staying Private:

If people form a relationship outside of marriage secretly (whether they are Intimate or not), their sin will remain private between them and Allah. And Allah may punish them in the Hereafter on Judgment Day.

It says in the hadeeth narrated by al-Bukhaari (7074) from Samurah ibn Jundub (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said:  “Last night two persons came to me and woke me up, and set off with me. … We went on and we came to something like a tannoor oven, in which there were shouting and voices. We looked inside and we saw naked men and women, towards whom flames were coming from the bottom of the oven. When the flames reached them they made a noise. I said to them [the two angels], ‘Who are these people?’ … They said to me, ‘We will tell you… the naked men and women in the structure like a tannoor oven are the adulterers and adulteresses.”

Or these people may stop from their evils, repent and Allah may forgive them. There were even cases of this within the lifetime of Prophet Muhammad, and all generations.

The Relationship Becoming Public:

As a relationship outside of marriage occurs, people in society may find out about this.

Those who have found out;

- Cannot spread this news publically (it will be Slander to do so),
- should keep it Hidden.
- should then privately Advise these two people that what they are doing is wrong.

The Messenger of Allah said (meaning): “Whoever covers (a crime) of a Muslim then Allah will cover him in this world and the hereafter.” [ Sunan Ibn Majah , hadith no: 2078 and graded sahih (authentic) by al-Albani]

No Public Intercourse: If this male and female (or even male and male – homosexuals) make their unlawful relationship Public i.e. they walk in the streets in public as a ‘couple’ – they may face Ta’zeer punishment [Discretionary punishment] by which the Judge will decide a suitable punishment for them to deter them from this. (See: Why don’t they just marry instead?)

Public Displayed Intercourse: If this male and female make their sin of Sexual Intercourse public, then the following situation applies for them to be liable to Punishment by the Judge:

- There needs to be 4 witnesses of good character who witness the Intercourse – these 4 witnesses need to see the Private parts of these people Meet (to show real Intercourse has taken place i.e. see the penis enter the vagina). [see IslamQA # 88051]

- Or the persons involved admit to performing Intercourse outside of marriage.

- They were NOT forced to do such an act.

- Or the woman had a child while she was not married (without being raped.) [see IslamQA #101972]

4 Witnesses:

Why did they [who slandered] not produce for it four witnesses? And when they do not produce the witnesses, then it is they, in the sight of Allah , who are the liars. [Quran, Surah Nur 24:13]

This verse is the basis by which the rule of 4 witnesses is required – to prove that a Crime of Adultery/Fornication has taken place. If however, there are less than 4 male witnesses, the punishment for Slander is applied (80 lashes.)

If there were less than 4 witnesses seeing the private parts of these people meet, and the people did not admit to unlawful relations outside of marriage, then those who make the news public are labelled as Liars, and they face a punishment of 80 (whips).

And those who accuse chaste women* and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, Except for those who repent thereafter and reform, for indeed, Allah is Forgiving and Merciful. [Quran, Surah Nur 24: 4-5]

*It is known that a person who has never committed the crime of Zina [Adultery/Fornication], or has repented from it – then they are those who are ‘chaste’.

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Wisdom:

Reducing Unlawful Slander: One of the wisdoms behind making 4 witnesses the Minimum in witnessing the crime of Zina (Adultery / Fornication), could be to Reduce the Crime of Slander when Accusing people of Unlawful Relations, out of fear of recieving 80 lashes. As a result – this sin of Accusations will not be widespread in society.

Keeping the Crime of Adultery at a Low: If 4 or more people have seen the crime of Sexual Intercouse clearly, then it becomes obvious that this couple are wanting to make their sin public – and this is why the punishment is severe – to deter this sin of Zina and shamelessness from becoming Public & Widespread in society.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh al-Mumti’ (6/157):

They should describe zina in clear terms, such as saying: “I saw his penis in her vagina”. There is no alternative to that. If they say: “We saw him on top of her and they were naked”, that is not acceptable. Even if they say “We saw him doing with her what a man does with his wife,” that is not sufficient as testimony. They must say “We bear witness that his penis was in her vagina.” And this is very difficult, as the man said who was testified against at the time of ‘Umar: “If you were among the (four) thighs you would never be able to give this testimony.”

Hence Shaykh al-Islam Ibn Taymiyah mentioned that at his time no case of zina was proven by means of testimony from the time of the Prophet (peace and blessings of Allaah be upon him) until the time of Ibn Taymiyah. [NOTE: Ibn Taymiyyah was born about 600 years after Prophet Muhammad's Prophethood.] If no case was proven from that time until the other, then we do not know of any case that was proven by testimony up till our own times, because it is very difficult. End quote.

This strictness with regard to testimony about zina serves only to achieve the purpose aimed at by sharee’ah, which is to conceal people and not spread immorality, and to make societies avoid accusations against people’s honour and aspersions on their lineages.

Al-Qurtubi (may Allaah have mercy on him) said in al-Jaami’ li Ahkaam al-Qur’aan (5/83):

Allaah has stated that testimony in a case of zina must be given by four people, so as to make it hard for those who are testifying to such a thing, and to conceal people. End quote.

[see IslamQA #88051]

Li’aan (the Curse):

Some people may have seen their wife or husband comitting unlawful sexual intercourse with a stranger, and feel that it is unfair that they have to stay silent about it. Due to this, Li’aan was prescribed.

Li’aan is done as described in the verse in which Allaah says (interpretation of the meaning):

“And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allaah that he is one of those who speak the truth. And the fifth (testimony should be) the invoking of the Curse of Allaah on him if he be of those who tell a lie (against her).

But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allaah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the Wrath of Allaah be upon her if he (her husband) speaks the truth” [Quran al-Noor 24:6-9]

 

The Curse Process [Li'aan]

So the husband should say four times, “I bear witness by Allaah that I am telling the truth in my accusation of her committing adultery” or “I bear witness by Allaah that you have committed adultery and this is not my child.” And the fifth time he adds: “May the curse of Allaah be upon me if I am telling a lie.”

And the woman – if she denies it – should say: “I bear witness by Allaah that he is lying, and that this child is his child.” And the fifth time she should pray that the wrath of Allaah should be upon her if he is telling the truth.

The Li’aan should be done in the mosque in the presence of a number of Muslims, along with the judge or his deputy, or whoever they agree to appoint from among the Muslims.

Ibn ‘Abd al-Barr said: “Similarly the scholars did not disagree that li’aan can only be done in the mosque in which Jumu’ah prayers are held.” Fath al-Barr, 10/525.

When two spouses engage in Li’aan, a number of things happen as a result:

1 – The husband is not subject to the hadd [being Lashed] punishment for slander

2 – The wife is not subject to the hadd [being Stoned] punishment for adultery.

3 – Husband and wife are divorced automatically, and this divorce is not dependent upon a judge’s ruling; rather divorce takes place as soon as the process of li’aan is completed, according to many scholars.

4 – They are forever forbidden to remarry.

5 – The child (through adultery) is not to be named after his father, rather he should be named after his mother. He and the husband cannot inherit from one another, and the husband is not obliged to spend on him because he is a stranger to him.

[see IslamQA #33615]

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Abrogation [4:15]:

Before the law of Stoning the Adulterer [previously-married], and Whipping the Fornicator [non-married] were revealed, the punishment was different.

Allah says: “If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.” [Quran al-Nisa' 4:15]

It was reported by Muslim and other narrators of Sunan via Qutaadah from al-Hasan from al-Hattan from ‘Ubaadah ibn al-Saamit from the Prophet (Peace & Blessings of Allaah be upon Him) with the wording: ‘Receive (teaching) from me, receive (teaching) from me. Allah has made another way for those (women). When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and banishment for one year. In the case of a married male committing adultery with a married female, they should receive one hundred lashes and be stoned to death.’ Al-Tirmidhi said: This is a saheeh hasan [Good, Authentic] hadeeth.”

[see IslamQA #839]

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Punishment:

For the one who Fornicates and has Never Married:

“The fornicatress and the fornicator, flog/whip each of them with a hundred stripes. Let not pity withhold you in their case (i.e. that shouldn’t prevent you), in a punishment prescribed by Allaah”[Quran al-Noor 24:2]

IslamQA [#13233] says:

Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided.

Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided , namely the head, face and genitals of men and women alike.

He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that.

Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing.

His garment should not be removed , rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged.

And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report.

It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip . Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him.

From al-Mughni, 1/141-142.

From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline.

It was reported by Muslim and other narrators of Sunan via Qutaadah from al-Hasan from al-Hattan from ‘Ubaadah ibn al-Saamit from the Prophet (Peace & Blessings of Allaah be upon Him) with the wording: ..When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and [the male recieves] banishment (i.e. expulsion from the country, or imprisonment) for one year… Al-Tirmidhi said: This is a saheeh hasan [Good, Authentic] hadeeth.”

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After Recieving the Punishment:

Once the person has recieved a punishment expiating their sin, they cannot be admonished or reminded of their sin by anyone else, since their sin has been expiated [forgiven]. By admonishing the person or shouting at them, or reminding them of that sin is another form of punishment, and this is not allowed (because 2 separate punishments for the same crime is not allowed)

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For the one who commits Adultery and is or has been married:

IslamQA states [see #101972]:

The scholars have explained what is meant by previously-married in this case. Zakariya al-Ansaari (may Allaah have mercy on him) said in Asna’l-Mataalib (4/128): The previously-married person, whether male or female, is any adult of sound mind who has previously had intercourse within a valid marriage. End quote. Shaykh

Ibn ‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh al-Zaad (6/120): There are Five conditions for (being described as) previously-married:

1-    Intercourse
2-    Within a valid marriage
3-    Being an adult
4-    Being of sound reason
5-    Being free (i.e., not a slave).

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The punishment for the Adulterer (married or previously married) is to be Stoned [Rajm] to death:

Sahih al Bukhari Volume 7, Book 63 (Book of Divorce), Number 195:

Narrated Jabir:

A man from the tribe of Bani Aslam came to the Prophet while he was in the mosque and said, “I have committed illegal sexual intercourse.” The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four testimonies against himself. On that the Prophet called him and said, “Are you insane?#” (He added), “Are you married (aHSant ( أحصنت )= Married or had been Married before)?” The man said, ‘Yes.” On that the Prophet ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al-Harra and then killed.*

#If someone is Insane, or Forced to Zina [adultery/fornication] – they are not punished.

Method:

They would be placed in a pit to the level of the chest, and pelted to death while covered by a cloth so that their ‘awrah are not exposed [this harshness is recognised and serves as a deterrent to others - not to cause corruption publically in society.] If it is by confession and not conviction, they would have the opportunity to retract their confession at any point in time and so they would not be placed in a pit. No one is allowed to curse the person who undergoes this or express pleasure.

*It is said that while being stoned, the man mentioned in the above hadith ran away because he could not stand the pain. One of the companions of the Prophet chased him and hit him to death using a camel bone. When this event was told to the Prophet (peace be upon him) said: “Why did you not leave the man, maybe he has repented and Allah accepted his repentance.” [ Sunan Abu Daud , hadith no: 4419 and graded hasan by al-Albani]

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What is done to a Pregnant Woman from Zina? [Adultery/Fornication]:

The Ghaamidi woman came and said, “O Messenger of Allaah, I have committed adultery, so purify me.” The Prophet (peace and blessings of Allaah be upon him) turned her away. The next day, she came back and asked, “Why are you turning me away? Perhaps you are turning me away as you turned Maa’iz away, but by Allaah I am pregnant.” He said, “Then no (I will not carry out the punishment). Go away until you have given birth.” When she had given birth, she brought the child wrapped in a cloth and said, “Here, I have given birth to him.” The Prophet (peace and blessings of Allaah be upon him) said: “Go away and breastfeed him until he is weaned.” When she had weaned him, she brought the child, holding a piece of bread in his hand, and said: “O Messenger of Allaah, here he is, I have weaned him and he is eating solid food now.” The child was given to one of the Muslims to take care of, then the Prophet (peace and blessings of Allaah be upon him) ordered that a chest-deep hole be dug for her, and that she be stoned.

According to one report, ‘Umar said: “O Messenger of Allaah, you had her stoned and now you will pray for her!” He said: “She has repented in such a way that if it were to be shared out among seventy people of Madeenah, it would be sufficient for them. Can you find anyone better than one who gives up her soul for the sake of Allaah?” (Reported by ‘Abd al-Razzaaq in al-Musannaf , 7/325).

Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged/whipped, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202)  [see IslamQA #13331]

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Punishment For the Weak;

“O Messenger of Allah! Verily, this man is very weak to be given such a punishment, for if we were to whip him a hundred times, we would kill him.” The Prophet answered: “Take a date branch that has 100 stalks on it and whip him only once with it. After that free him.”
[Musnad Ahmad , hadith no: 21935 and graded sahih by Shu‘aib al-Arna'uth]

As it can be seen, physical punishment is only lessened based on the person’s physical capabilities. Factors such as ranks, lineage or wealth cannot be used to reduce a hudud ruling. Again during the time of the Prophet, it was asked that someone caught stealing is lessened the punishment. To this request the Messenger of Allah answered:

“Verily the people before you were destroyed for doing hudud on the poor and excluding the nobles. For my soul in His hands, if Fatimah (the daughter of the Prophet) committed the same crime (stealing), her hand will be cut of too.” [ Shahih al-Bukhari , hadith no: 6787]

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Sincere Repentance brings Forgiveness from Allah, and the Reward of Paradise:

Al-Hafiz Abu Ya`la recorded [with an Authentic chain of narration] that a cousin of Abu Hurayrah said, “Ma`iz came to the Messenger of Allah and said, `O Allah’s Messenger! I have committed adultery,’ and the Messenger turned away from him until Ma`iz repeated his statement four times. The fifth time, the Prophet asked him,

(Have you committed adultery?) Ma`iz said, Yes. The Prophet asked, (Do you know what adultery means) Ma`iz said, `Yes. I have illegally done with her what a husband legally does with his wife.’ The Prophet said, (What do you seek to accomplish by this statement) Ma`iz said, `I intend that you purify me.’

The Prophet asked, (Have you gone into her just as the stick goes into the kohl container and the rope goes into the well) Ma`iz said, `Yes, O Allah’s Messenger!’ The Prophet commanded that Ma`iz be stoned to death and his order was carried out.

The Prophet heard two men saying to one another, `Have you not seen the man who had Allah cover his secret [it may be referring to Ma`iz], but his heart could not let him rest until he was stoned to death, just as the dog is stoned’ The Prophet continued on and when he passed by the corpse of a donkey, he asked, (Where are so-and-so Dismount and eat from this donkey.) They said, `May Allah forgive you, O Allah’s Messenger! Would anyone eat this meat’ The Prophet said; (The backbiting you committed against your brother is worse as a meal than this meal. By He in Whose Hand is my soul! He is now swimming in the rivers of Paradise.)” This Hadith has an authentic chain of narration.

[Tafseer Ibn Katheer - Surah Hujurat]

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Punishment is only sentenced on the accused if there is NO doubts

In a hadith it is reported that Prophet Muhammad said [meaning]: “Avoid from giving hudud ruling as far as you can avoid it.” [ Sunan Ibn Majah, hadith no: 2545] It is also said: “Impel hudud law that is based on doubts.” [ Bulugh al-Maram , hadith no: 1047]

These hadith is famous among the companions of the Prophet that al-Hafiz Ibn Hajar al-‘Asqalani said in his work Talkish al-Habir, takhrej no: 1755: “It has been narrated by more than one companions (of the Prophet)…”

Even though the degree of the above hadiths is week, its meaning is true and the Muslim scholars have collectively agreed that hudud punishment is not given if the case is vague and doubtful. Imam Ibn al-Munzir said: “The scholars have collectively agreed that hudud law is not accepted based on doubts. ” [Stated by ‘Abdullah bin Abdul Rahman al-Bassam in Taudih al-Ahkam min Bulugh al-Maram , volume 6, page 247.]

This characteristic has been taken by the conventional judicial system of today, where the plaintiff must prove without any doubts that the accused is guilty. Whereas the defender must prove that the evidence is vague and doubtful. If doubts still exist in any of the sides, sentence does not fall on the accused.

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Giving Excuses:

Once a Muslim man went to see the Messenger of Allah in a mosque and said: “O the Messenger of Allah! I have committed adultery. ”Messenger of Allah turned away from the man until the man confessed four times. Then the Prophet called him and asked: “Are you mad/insane?” The man replied: “No.” “Are you married?” The man replied: “Yes.” The Prophet then said: “Take him and stone him.” [ Sahih al-Bukhari , hadith no: 6815]

In another narration, the Messenger of Allah asked: “Maybe you just kissed or touched or looked?” (these are different types of zina which do not necessarily have worldly punishment, but not the major zina [which is full Sexual intercourse]. ) [ Sahih al-Bukhari , hadith no: 6824]

He gave him excuses to avoid him admitting his sin, so he could avoid the punishment without explicitly mentioning he did major zina.

We learn that the judge should try to avoid taking the confession out of him and try to give the person excuses. however, if the person confesses repeatedly – then the judge is compelled to implement the law to set an example for the people.

The Messenger of Allah turned away from the man showing that he does not like to hear confessions of those who commit adultery. In other words, something that has occurred in privacy let it remain hidden. It is reported that the Messenger of Allah said: “……whoever who has done it, he should conceal it with Allah’s veil…..” [al-Hakim & Muwatta of Malik] It is not encouraged for those who commit offences to go and admit it to the authorities. Instead he should repent, as stated in the continuation of the above mentioned hadith: “….. he should conceal it with Allah’s veil and repent to Allah.”

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Modern Technology is not sufficient Testimony:

Shaykh Salih al Munajjid said on IslamQA;

According to Islamic sharee’ah, Zinaa [adultery/fornication] can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.

[see IslamQA #6926]

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Honor Killings:

[IslamQA #101972] says;

If it is proven that he deserves the hadd punishment, it is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy [i.e. the Judge] to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil.

Ibn Muflih al-Hanbali (may Allaah have mercy on him) said in al-Furoo’ (6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha’ of Islam are unanimously agreed, as was stated in al-Mawsoo’ah al-Fiqhiyyah (5/280): The fuqaha’ are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allaah, may He be exalted, such as zina, or a transgression against another person, such as slander. End quote.

Concealing one who has committed this evil deed so that he may repent and set his affairs straight before he dies is better than exposing him, let alone killing him.

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Rape?

It must also be understood that if Allah, may He be exalted, decreed that she should fall victim to rape , she is not a zaaniyah (fornicator or adulterer) and the hadd punishment for zina should not be carried out on her. There is no difference of opinion concerning this among the scholars as far as we know.

Ibn ‘Abd al-Barr (may Allah have mercy on him) said:  There is no difference of opinion as far as I know among the scholars of the earlier and later generations concerning the fact that the woman who is forced into zina is not to be subjected to the hadd punishment , if it is true that she was forced and raped.
(this can be confirmed by female doctors to examine for signs of rape on the Victim i.e. if there are any ‘vagina tears’ etc.)

The Messenger of Allah (blessings and peace of Allah be upon him) said: “Allah has pardoned for my ummah [nation] mistakes, forgetfulness and what they are forced to do.”  Narrated by al-Bukhaari (5269) and Muslim (201).

Al-Istidhkaar, 7/551  [IslamQA #144586]

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Punishment for Rapist:

The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator [Criminal] is married, and one hundred lashes and banishment for one year if he is not married. 

Some scholars also say that he is required to pay a mahr [dowry] to the woman.

Imam Maalik (may Allaah have mercy on him) said:

In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote.

Al-Muwatta’, 2/734  [IslamQA #72338]

Scholars have also said that much more harsher punishments should be given to him because he is causing Corruption and Harm. And these punishments would be for the Judge to decide individually.

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Why not Marry?

The greatest means of protecting one’s chastity is by directing one’s desire in the way in which Allaah has permitted, which is by getting married.

If a person is attracted to a specific individual, then he can marry that person, as it was narrated that the Prophet (peace and blessings of Allaah be upon him) said:

“There is nothing like marriage for two who love one another.”
[Narrated by Ibn Maajah (1847) and classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah.]

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Conclusion:

We learn that;

1 – The Household is founded on a Secure & Loving Relationship between the husband and the wife.
2 – Zina means: Fornication / Adultery.
3 – Islam aims to remove all means of Zina (because Zina harms the rights of others i.e. the husband/wife, the child born, family respect etc.), but if it occurs – that it remain secret and not widespread and public in society.
4 – Keeping Zina secret is not liable to Punishment in the Islamic State.
5 – Witnessing Zina by 3 or less people and spreading the News publically is equal to Slander. Which has a punishment of 80 lashes upon the Slanderer/s.

6 – Making Zina public (infront of 4 or more witnesses) is liable to the Punishment of;

i – 100 whips/flogging for the previously Non-married, and Banishment for 1yr for the male.
ii – Stoning to death for the previously Married Adulterer.

7 – The Wisdom in having the high number of 4 witnesses is to;

i – Lower the rate of Slander (Accusations) in society,
ii – and to Lower the rate of widespread Public Zina.

8 – Li’aan can be used (without the need for 4 witnesses) if the husband has seen his wife committing Zina with another man.
After Li’aan, their marriage is annulled and they can NEVER marry again.

9 – Punishment given to the Fornicator/Adulterer should be given Moderately.
10 – After Punishment – the person cannot be insulted or reminded of their sin (if they are alive or dead.) Because through the punishment – they have been forgiven.
11 – If a person has Repented sincerely from their sin and face the punishment – they may die and enter Paradise.

12 – A person is not punished based on doubtful evidences, and if they confessed to the crime – they can retract their statement later on, and they will not be punished.
13 – The Judge should give the person excuses; and question if they were Insane, and question if they were Forced into the sin. If the answer to any of these is Yes – then they are not punished.
14 – The pregnant woman is not punished until she delivers her baby.
15 – The Weak person who would die through 100 lashes should be punished by being Lashed Once only, by something similar to a Date branch which has 100 stalks on it. Then he/she should be freed.

16 – Modern Technology i.e. Video recordings, DNA testing etc. cannot be used as evidence for the crime of Zina. (There is always the possibility they may be edited etc.)
17 – Honor Killings should not take place, rather – any Punishment can only be applied by the Ruler or his Deputy i.e. the Judge. This is within an Islamic state.

18 – The Punishment for Rape is only upon the Criminal who committed the rape. And the woman is treated as a Victim.
The Rapists punishment is Stoning to Death, or being Lashed 100times, and further punishment decided by the Judge.

19 – The best Solution to remove all these complications is to get Married if you Love someone.
20 – A person should hide their sin, stop it, repent, and put their Trust in Allah from any potential blamers – it may be that Allah forgives them.

References in Arabic: To see the Ahadith quoted in this article in Arabic with Translation, click HERE.