The punishment of the fornicator; is zina among the rights of people?

Question

(1) Sabira, the daughter of Maryam, was married (her nikah was contracted) to ‘Abdullah; from Sabira, ‘Abdullah had two children, a boy and a girl. Sabira is 35 years old and ‘Abdullah is 43. After the death of Zayd’s first wife Maryam, Zayd married a second time, to ‘A’isha, and from her a daughter named Khalida was born. Khalida’s nikah with ‘Umar took place in 1956. After reaching puberty, Khalida came to the house of the minor ‘Umar; ‘Umar and Khalida did not spend the night together.

Answer

(1) Neither are the conditions for imposing the Shari‘a punishment for zina present here, nor is this much of a statement sufficient. If the incident is indeed as described, then this act of ‘Abdullah was an extremely base act and contrary to the Shari‘a.

Source: Fatawa Mahmudiyya

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