Is punishment delayed if pregnancy is not visibly apparent?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the pregnancy is not apparent, the punishment is not delayed. This is due to the possibility that she became pregnant through fornication, as evidenced by the Prophet, peace be upon him, stoning the Jewish and Jahaniyyah women without inquiring about the time elapsed since their last intercourse (isti'bra'). Ali also stoned Sharaahah without seeking confirmation of her purity from intercourse.

Supporting text

If a woman claims pregnancy before the punishment is carried out, her claim is accepted, similar to how the Prophet accepted the claim of the Ghamidiyyah woman.