If he dies before performing it, Hajj is performed on his behalf from the principal of his estate.
As for one who refuses to fulfill the rights of individuals—such as debts and other obligations—they are taken from him by force when possible. If that is not possible, he is imprisoned on account of them, unless he is insolvent; in that case, he is given respite until he attains means. As for penalties incurred by committing prohibited acts, they are of two types. The first consists of matters that are the rights of Allah, Most High, and there are four of them: the fixed penalty for zina, the fixed penalty for drinking intoxicants, amputation for theft, and the fixed penalty for highway robbery. The second consists of matters that are the rights of individuals, and these are two: the fixed penalty for slandering someone by accusing him or her of zina, and retaliatory punishment for criminal injuries.
The fixed penalty for zina becomes obligatory when the glans of the penis of a sane adult male penetrates one of the two passages—the vagina or the anus—of someone with whom he has neither a marital bond nor any legal doubt.
The legal ruling for the male and female who commit zina is the same. Each of them falls into one of two categories: unmarried or muḥṣan. The unmarried offender is one who has not had intercourse with his wife through a marriage contract. If he is free, the fixed penalty is one hundred lashes, distributed over his entire body except the face and vital points, so that every part receives its due. The lashes are to be administered with a whip that is neither new, lest it kill, nor worn out, lest it fail to cause pain. Both are exiled for one year from their towns to a distance at which prayer may be shortened. The Muslim and non-Muslim are treated alike with respect to flogging and exile.
As for the slave and those subject to the legal status of slavery—namely, the mudabbar, whose emancipation is contingent upon his master's death; the mukātab, who has entered into a self-emancipation contract; and the umm al-walad, a slave woman who has borne her master a child—their fixed penalty for zina is fifty lashes, half the penalty prescribed for a free person, and they are not exiled.
As for the muḥṣan—one who has had intercourse with his wife under a marriage contract—his fixed penalty is stoning with stones, or whatever takes their place, until he dies. Unlike flogging, it is not necessary to avoid his vital points, because the purpose of stoning is to kill.