Is punishment (Hadd) applicable to one who was unaware of the prohibition of adultery (Zina)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
No punishment (Hadd) is applicable to one who was ignorant of the prohibition of adultery. This is the established position of Umar, Uthman, Ali, and the general body of scholars. If the adulterer claims ignorance of the prohibition and such ignorance is plausible, as is the case for a recent convert to Islam or one raised in the wilderness, the claim is accepted because their truthfulness is possible. The evidence supporting the ruling that ignorance excuses the application of Hadd in certain contexts is derived from the practice of the Companions, who made knowledge of the prohibition a condition for imposing the fixed punishment.
Supporting text
If the person committing adultery is a Muslim raised among Muslims or an individual of knowledge, the claim of ignorance is not accepted because the prohibition of Zina is not unknown to such a person, meaning their claim is known to be false.