Surah 4. An-Nisaa'

32While forbidding the wrong ways of `ignorance', the Holy Qur'an usually ends the instruction with such words as: "though what has happened in the past is excepted." It has two meanings in view. First, that no action will be taken in regard to those wrong things that one did in ignorance, provided that one mended ones ways and gave them up after the receipt of a particular Commandment. Second, that those words meant to give reassurance that the new instructions had no retrospective effect. For instance, if a person had married his step-mother before it was declared to be unlawful, according to these words, the offspring of all such previous marriages did not automatically become illegitimate by this newly declared prohibition so as to deprive them of their share of inheritance. Likewise if some from of trade had been made unlawful, it did not mean that all the previous transactions in that form had become null and void, and that one would have to return all the wealth earned in that way or that it had become completely unlawful.

33According to the Islamic Law, it is a criminal offense and is within the jurisdiction of the police. Some Traditions related in Abu-Da'ud, Nasa'i and Musnad Ahmad are to the effect that the Holy Prophet confiscated their properties and sentenced to death those who married their step-mothers. According to another "Tradition, related by Ibn Majah from Ibn `Abbas, the Holy Prophet enunciated this fundamental law: "Anyone who commits fornication with any of the forbidden relations should be put to death." The experts on Muslim Law, however, differ in regard to this matter. While Imam Ahmad is of the opinion that such a criminal ,should be put to death and his property confiscated, Imam Abu Hanifah, (maw Malik and lmam Shafi 'i are of the opinion that if a person commits fornication with anyone of the prohibited relations, he should be punished for the offense of fornication and if he marries such a one, he should be given an exemplary punishment for this heinous sin.