﴿2–3﴾ “The woman and the man guilty of fornication—flog each of them with a hundred lashes, and do not let pity for them overcome you in carrying out Allah’s law, if you believe in Allah and the Last Day. Let a group of the believers witness their punishment. * The fornicator marries none but a fornicatress or a polytheistic woman, and none marries a fornicatress except a fornicator or a polytheistic man. That has been forbidden to the believers.”
This ruling applies to an unmarried man and woman who commit fornication: each is to be flogged with a hundred lashes. As for one who was previously married, the well-known authentic sunnah establishes that the prescribed penalty is stoning. Allah Most High has forbidden us from letting pity for [the two of them] in matters of His law prevent us from carrying out the prescribed punishment upon them—whether it is natural pity or arises from kinship, friendship, or anything else. Faith necessarily excludes any pity that would prevent Allah’s command from being carried out. True mercy toward the offender lies in enforcing Allah’s prescribed punishment upon him. Although we may feel compassion for him because of what has befallen him by divine decree, we do not show him compassion in this respect.
Allah Most High also commanded that a group—that is, a number—of believers attend the punishment of the two offenders, so that it becomes publicly known and thereby brings disgrace and deterrence. They are also to witness the prescribed punishment being carried out in practice, for seeing the rulings of the Sacred Law implemented strengthens knowledge, establishes understanding, and is more conducive to correct application, so that nothing is added to or omitted from the punishment. Allah knows best.
This explains the vileness of fornication and how it stains the honor of its perpetrator, as well as the honor of anyone who associates closely and intimately with that person, to an extent unmatched by other sins. Allah informs us that no woman will undertake to marry a fornicator except a fornicatress whose condition resembles his, or a woman who associates partners with Allah, does not believe in resurrection or recompense, and does not abide by Allah’s command. Likewise, a fornicatress is married only by a fornicator or a polytheist. “That has been forbidden to the believers”; that is, believing women are forbidden to marry a fornicator, and believing men are forbidden to marry a fornicatress.
The meaning of the verse is that when a man or woman is characterized by fornication and has not repented of it, anyone who proceeds to marry that person despite Allah’s prohibition must fall into one of two categories. Either that person does not abide by the ruling of Allah and His Messenger, in which case such a person can only be a polytheist; or that person does abide by the ruling of Allah and His Messenger, yet proceeds with the marriage despite knowing of the other’s fornication. Such a marriage is itself fornication, and the person contracting it is a fornicator engaging in illicit intercourse. Had that person truly believed in Allah, he or she would not have proceeded with it.
This is explicit evidence that it is prohibited to marry a fornicatress until she repents, and likewise to give a woman in marriage to a fornicator until he repents. The bond of a husband with his wife, and of a wife with her husband, is the closest of all associations and pairings. Allah Most High says, “Gather those who did wrong along with their peers,” meaning their companions. Allah therefore prohibited such a marriage because of the immense evil it entails: the erosion of protective jealousy; attributing to the husband children who are not his; and the fornicator’s failure to keep her chaste because he is preoccupied with other women—any one of which is sufficient grounds for prohibition (1).
This also proves that the fornicator is not a believer, as the Prophet (peace and blessings be upon him) said: “A fornicator does not commit fornication while he is a believer.” Thus, even though he is not a polytheist, the commendatory designation of absolute faith is not applied to him.