He committed Zina before consummating marriage with his wife
10-4-2014 | IslamWeb
Question:
Aslam-o-alykum! Dear i have a question regarding my friend. My friend is in nikah with a girl since more than one year (it is only nikah, not proper marriage, the girl is with her parents. they do not have any sexual relationship). My friend has committed zina with another lady. Now my friend wants the islamic punishment that is hadd. My question to you is either he will have hadd for an unmarried man (because he had only nikah, not proper marriage)?? or he will have hadd for married man (stone to death)?? please help him, he is worried about this unforgivable sin, and give fatwa with references and please keep all the details secret, my email etc. May Allah bless you.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
Your friend must turn back to Allaah in sincere repentance because Zina (fornication/adultery) is one of the grave major sins. Please refer to the conditions of repentance in Fatwa 86527.
Along with repentance, he is obliged to conceal his sin and not inform anybody about it. Please refer to Fatwas 81620 and 83416.
Implementing the Hadd (corporal punishment determined by Sharee'ah) is restricted to the Muslim authorities. But your friend is not obliged to take his matter to the authorities so that the Hadd would be implemented on him; rather, it is enough for him to repent and to conceal his sin. Indeed, Allaah accepts the repentance of anyone who sincerely repents. For more benefit, kindly refer to Fataawa 81620, 83416 and 81814.
Moreover, he must beware of anything that could lead him to commit Zina again, like deceitful looks, forbidden mixing and sinful seclusion. He should also hasten to consummate the marriage with his wife in order to keep himself chaste.
Finally, it should be noted that one cannot be considered Muhsan (one who is or has been married) and deserving the punishment of stoning to death if he had committed Zina unless he had actually had sexual intercourse with his wife. Ad-Dusooqi said in his commentary about the Hadd for Zina, and at the statement of Khaleel "If he has had sexual intercourse": "It means if he, before committing Zina, he, after fulfilling the afore-mentioned descriptions, had had sexual intercourse with his wife with whom he had conducted a binding (Islamic) marriage contract, while that sexual intercourse was permissible; and he (the author) indicated that it is not necessary in fulfilling the requirement of chastity to have had full sexual intercourse with his wife, but it is enough to have inserted the gland of the penis or so [in the vagina of his wife]."
For more benefit, please refer to Fataawa 88067 and 5087.
Allaah Knows best.