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Fatwa CenterPunishment for Divorced Woman Who Became Pregnant by Zina
Question
A divorced woman committed adultery, and became pregnant afterwards. What is the punishment for her by Islamic law code?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
First, this woman has to repent sincerely to Allah and to give up such a grave major sin. Then, it is better for her to conceal her sin and not inform anyone else about it. But, if this case is put before a court and she admits committing Zina (adultery) or some people give evidence about her Zina according to the Sharee’ah regulations, then the ruling will be stoning till death since she is married (even though she is divorced now).
Abu Hurayrah 
narrated that a Muslim man came to the Prophet while he was in the mosque, and called him saying, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah turned his face away from him, so the man came round (from the other side) towards his face and said, 'O Messenger of Allah! I have committed adultery.' The Messenger of Allah again turned his face away from him, but the man repeated his statement four times. When he testified four times that he did it, the Messenger of Allah called him saying, “Are you insane?” The man said, ‘No.’ The Messenger of Allah then asked him, “Are you married?” The man answered, 'Yes.' The Messenger of Allah said: “Take him away and stone him (to death).” [Al-Bukhaari and Muslim]
There is agreement among Muslim scholars that a pregnant woman should not be stoned (in case of Zina) until she gives birth and the baby becomes in no need of her breastfeeding (when he starts eating food).
Imam an-Nawawi, may Allaha have mercy upon him, said in his comments on Saheeh Muslim concerning al-Ghamidiyah (a woman who committed Zina): “The Prophetic expression "Until you give birth" indicates that a pregnant woman should not be stoned before giving birth. Also, an unmarried woman should not be lashed before giving birth. There is agreement among scholars on this point. Then, she (a pregnant woman) should not be punished until she suckles her child or he/she becomes satisfied with some women's suckling.”
Allah knows best.
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