When a free person who is not muḥṣan commits adultery, he is given one hundred lashes and banished for a full year, even if the offender is a woman. A slave receives fifty lashes and is not banished. The prescribed penalty (ḥadd) for sodomy (liwāṭ) is the same as that for adultery.
The ḥadd is imposed only when three conditions are met:
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Full insertion of the entire original glans⦗1⦘ of the penis into the natural vagina or anus of a living⦗2⦘ human being, in an act that is wholly unlawful.
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Absence of any legal ambiguity (shubha). Accordingly, the ḥadd is not applied in the following situations: intercourse with a slave woman in whom he or his child owns a share; intercourse with a woman whom he mistakenly believes to be his wife or his concubine; intercourse within an invalid marriage he assumes to be valid; intercourse that falls under a marriage or ownership contract about which jurists disagree; or when the woman is coerced into the act.
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Proof of the offense, which is established only by one of two means:
a. The perpetrator confesses four times⦗3⦘—whether in a single sitting or⦗4⦘ in several sittings—making an explicit admission and not retracting it until⦗5⦘ the ḥadd is carried out.
b. Four qualified witnesses testify in a single sitting to one act of adultery, describing it in detail, whether they appear before the judge together or separately.
If a woman who has neither husband nor master becomes pregnant, she is not subjected to the ḥadd on that basis alone.