Punishment For Husband Or Wife If Anyone Of Them Commits Fornication
Punishment for Fornication is the same for every Muslim, whether male or female and married or unmarried , as mentioned in Quran Surah Nur : Discussion 27225 Ghamidi Sahab was referring to Directive of Divorce in Sharia, since husband is the provider and head of the family therefore, whatever amount of wealth, property, clothes, jewellery and other items that have been gifted to the wife by the husband they should not be confiscated by him. It doesn’t refer to the nafqah ( maintenance ) and mahr ( dower ), which are the absolute rights of a wife and confiscating them is unthinkable. What is emphasized is that a husband should not take back any gifts he may have given her. There are two exceptions to the above mentioned directive: First , if it is no longer possible to keep a marriage intact according to the limits set by Allah, and the family elders and the society also support the annulment, but a husband is unwilling to divorce his wife simply because he is concerned about losing wealth, property or other gifts he has given his wife, then the issue can be resolved in the following manner: the wife can give back part or all of the wealth gifted to her to relieve herself of her marital contract. In such cases, it would be lawful for the husband to accept these returned gifts. (In accordance with Quran 2:229) Second , if the wife is guilty of open sexual misconduct . Since such a behaviour destroys the very basis of the marital relationship, it is lawful for the husband to take back any gifts or wealth given to her. (In accordance with Quran 4:19-21)