The Punishment for Zina When There Is No Imam of the Time
Question
Question: When there is no imam of the time (lawful Muslim ruler), will it be right for the people of that city, town or neighbourhood to impose some punishment on the fornicator and the fornicatress, for example a boycott or a fine?
Answer
A monetary fine is impermissible; however, if he does not repent, the punishment of a boycott and the like is permissible. If a monetary fine has been imposed, it should be returned. Thus in al-Bahr (al-Bahr al-Ra’iq), vol. 5, p. 41.
Source: Fatawa Mahmudiyya
Preview. The full text opens with JavaScript enabled.