And the evidence that the name "adulterer" (zani) may be applied to one who commits an act that does not necessitate flogging or stoning, along with the evidence that the analogy which necessitates such a ruling is only valid when the underlying causes are similar, not merely due to the sharing of the name, is that the woman who perfumes herself and goes out so that her scent may be found has been called by the Prophet, peace and blessings be upon him, an adulteress (zaniyah). And this act does not necessitate flogging or stoning. If the analogy were based on the mere sharing of the name, then the adulteress by perfume would be subject to what is due upon the adulteress by intercourse. But since the cause that necessitates the legal punishment (hadd) in adultery is intercourse with the private parts, it is not permissible to judge that one upon whom the name "adulterer" or "adulteress" falls, without intercourse with the private parts, should be subject to flogging or stoning.

Sayyiduna Abu Musa Ash'ari (may Allah be pleased with him) narrates from the Noble Prophet (peace and blessings be upon him) that he (peace be upon him) said: "Any woman who applies perfume and then passes by people so that they may perceive her fragrance, she is an adulteress, and every eye (that looks at her) is an adulterous eye."