How is the repentance of a woman who committed fornication verified?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
The correct way to ascertain repentance is not to ask her to commit Zina again to see if she refuses, as it is improper for a Muslim to invite a woman to Zina. Furthermore, such an invitation would necessitate seclusion, which is forbidden with a non-Mahram woman. Ibn 'Umar reported that when asked how to know her repentance, he said: 'If he desires that from her and she obeys, she has not repented; but if she refuses, she has repented.' Ahmad adopted the view of Ibn 'Umar.
Supporting text
The ruling that repentance is verified by asking her to commit Zina again is not correct because requesting such an act implies seclusion, which is unlawful with a non-Mahram woman, and even if it were for the purpose of teaching the Quran, seeking Zina is more prohibitive. Moreover, even if she accepts this invitation, there is no guarantee she will not return to sin, making exposure to such a request unlawful. Repentance for this sin should follow the general rule for all other sins and for all people.