What was the initial legal punishment for the unmarried adulterer and adulteress (Bikr)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
In the early period of Islam, the punishment for the married adulterer (Muhsan) was confinement in homes, and the punishment for the unmarried (Bikr) involved verbal abuse, reprimand, and admonishment. This was derived from the verse stating regarding women who commit indecency: "And those [women] who commit unlawful sexual intercourse of your women, bring against them four witnesses from among you. And if they testify, then confine them in houses until death takes them or Allah makes for them a [different] way" (Quran 4:15), and for men: "And the two who commit it from among you, then abuse them both, but if they repent and reform, then leave them alone. Indeed, Allah is ever Accepting of repentance, the Most Merciful" (Quran 4:16).
Supporting text
Some scholars interpreted the phrase "of your women" in the verse (Quran 4:15) to specifically refer to married women (Muhsanat) because the term implies a marital connection, similar to the verse regarding 'Ila' (Quran 2:226). They reasoned that this phrasing would otherwise be meaningless unless it established the status of being married. They further argued that since two types of penalties were mentioned, the harsher one must apply to the married person (Muhsan), corresponding to stoning and lashing, while the lesser applies to the unmarried (Bikr).