Punishment for keeping a woman after talaq

Question

Question: If a husband, after pronouncing talaq on his wife and after the ‘idda has passed, keeps her with him without nikah, and the woman stays, how, according to the noble Shari‘a, should such a man and woman be dealt with?

Answer

If there is an Islamic government and, in accordance with the rules of the Shari‘a, it is proven that the two of them had intercourse (jima‘), then, since this is zina, the hadd for zina (stoning (rajm) or flogging (jald)) should be carried out. If intercourse is not proven, ta‘zir (discretionary punishment) will apply to them.

Source: Fatawa Mahmudiyya

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