I read on a fatwa site about a young man who engaged in all kinds of sexual actions with a girl apart from penetration. What is the ruling on this in Islam? Is he subject to the hadd punishment for zina? Is he regarded as having committed zina with her? If he marries her, will that be regarded as expiation for him? What does he have to do in order to repent? The reply on that site, or as I understood it, was that he is regarded as a zaani (fornicator, adulterer) because the one who approaches a haraam deed is like the one who does it.
Praise be to Allaah.
Firstly:
In the case
of zina, the hadd punishment is conditional upon penetration, which means
that the head of the penis disappears into the vagina. If it does not
penetrate it or only part of it penetrates it, then he is not subject to the
hadd punishment.It says in
al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the
hadd punishment for zina on which the fuqaha’ are agreed: There is no
difference of opinion among the fuqaha’ that in order for the hadd
punishment to be incurred, the head of the penis has to disappear into the
vagina. If it does not enter it at all or only part of it enters, then there
is no hadd punishment because that is not intercourse. There is no
stipulation that ejaculation must take place or that the penis must be erect
at the time of penetration. The hadd punishment must be carried out whether
he ejaculated or not, and whether his penis was erect or not. End quote.Secondly:
The things
that lead to zina such as touching, kissing, and rubbing the private parts
together without penetrating do not come under the ruling on zina, and the
one who does them is not subject to the hadd punishment, rather he is to be
punished and disciplined because he has done something that is haraam and
plainly evil, and because these actions may lead him to commit true zina.
Islam calls these actions zina, as in the hadeeth which was narrated by
al-Bukhaari (6243) and Muslim (2657) from Abu Hurayrah (may Allaah be
pleased with him) from the Prophet (peace and blessings of Allaah be
upon him) who said: “Allaah has decreed for the son of Adam his share of
zina which will inevitably catch up with him. The zina of the eye is looking
and the zina of the tongue is speaking. The heart wishes and longs and the
private part confirms that or denies it.”Ibn Battaal
(may Allaah have mercy on him) said: Looking and speaking are called zina
because they invite one to true zina. Hence he said: “the private part
confirms that or denies it.” End quote from Fath al-Baari.See also
question no. 81995.Thirdly:
The one who
has done such actions must repent to Allaah sincerely, by giving it up,
regretting what he has done, resolving not to go back to it, and avoiding
the causes and things that lead to that such as being alone with a woman,
looking and shaking hands.As for
marrying that girl, if she is chaste and did not commit zina, or she did
that but then repented to Allaah, then there is nothing wrong with marrying
her. We do not find any evidence to suggest that this marriage will expiate
this sin. Rather what will expiate it is repenting to Allaah and mending
one's ways. Allaah says (interpretation of the meaning):“And
verily, I am indeed forgiving to him who repents, believes (in My Oneness,
and associates none in worship with Me) and does righteous good deeds, and
then remains constant in doing them (till his death)”[Ta-Ha
20:82]Fourthly:
It is not
correct to say that approaching a haraam deed is like doing it. Rather this
is subject to further discussion.If a person
thinks of doing an evil deed then refrains from it, he will be rewarded, as
it says in the hadeeth narrated from Ibn ‘Abbaas (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him) said,
relating from his Lord, may He be glorified and exalted: “Allaah decreed
good deeds and bad deeds, then He explained that. Whoever thinks of doing a
good deed then does not do it, Allaah will write it down as one complete
good deed. If he thinks of doing a good deed and then does it, Allaah [may
He be glorified and exalted] will write it down between ten and seven
hundred fold, or many more. If he thinks of doing a bad deed then he does
not do it, Allaah will write it down as one complete good deed, and if he
thinks of it then does it, Allaah will write it down as one bad deed.”Narrated by
al-Bukhaari (6491), Muslim (131)If he thinks
of doing an evil deed and resolves to do it, and starts to do it, or tries
to do it, but is not able to complete it due to external factors, then he is
sinning and is not rewarded, as is indicated by the hadeeth: “If two Muslims
confront one another with their swords then the killer and the victim will
be in Hell.” I said: “O Messenger of Allaah, the killer’s (case is clear),
but what about the one who is killed?” He said: “He was keen to kill his
companion.” Narrated by al-Bukhaari (31), Muslim (2888).Shaykh
al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: This hadeeth
gives the answer to the question of whether a person will be accountable for
what he intends to do. Some people say he will be accountable for it if his
intention reached the level of resolve. Some say that he is not accountable.
The answer is that if the intention reaches the level of resolve, then it
must be accompanied by some words or deeds (in order for a person to be
accountable for his intention). End quote.Those who
said that he would be accountable for his intention quoted as evidence the
words of the Prophet (peace and blessings of Allaah be upon him), “If
two Muslims confront one another with their swords then the killer and the
victim will be in Hell.” But this is not evidence that one will be
accountable merely for thinking of it, for he said that about two men who
each fought with the intention of killing the other, but this is not merely
resolve, rather this is resolve accompanied by action, but he was unable to
complete his goal. This person will be accountable according to the
consensus of the Muslims. If a person strives to drink alcohol and tries by
his words and deeds to do that but fails, he is a sinner according to the
consensus of the Muslims. He is like one who drinks even if he does not
drink. Similarly if a person strives to commit zina or steal and so on, in
his words and deeds, but fails to do it, then he is a sinner like the one
who does it. The same applies to murder, and so on. End quote from
Majmoo’ al-Fataawa (14/122).This applies
if the sin is committed and incurs punishment in the Hereafter. As for the
punishment that results from committing sins in this world, such as the hadd
punishment for zina, he is not to be punished in this manner except if he
commits true zina, not if he tries to commit zina but fails.And Allaah
knows best.Reading Quran and reflecting over the Quran Is our Duty
Read quran and it will guided us to the true teaching of The Prophet Muhammad (Peace be upon him) he summarized the religion of Islam with this statement: “The Religion is naseehah (sincerity)!” So then Tameem ibn Aws, may Allah be pleased with him, then said, “We asked, ‘To whom?’” He said: “To Allah, HIS BOOK holy quran, His Messenger, the leaders of the people, and their common folk.” [Muslim] so to study the religion people should go to the source of and source of Islam is the quran so learning quran and reading quran with the meaning the quran tafsir and then explore the words of wisdom. And for the Muslims the sincerity that is due to the Book of Allah includes doing the quran recitation, listening to quran along with learning the tajweed rules and reciting it beautifully, letting our kids learn quran learning holy quran tafseer and the reasons for its revelation, affirming that it is the Truth, the perfect Speech of Allah and not part of the creation, honoring it and defending it, abiding by the orders and prohibitions found in it and teaching quran to spread the word or truth and calling to it. So by learning quran education online and reflecting over the Quran online, one fulfills an obligation and is rewarded for that. Upon fulfilling this obligation, the Quran then becomes a proof for him on the Day of Judgment! And that is our second benefit we will take by embracing this Noble Book...
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