Are sexual acts leading to Zina(fornication) with a non-wife woman considered Zina that constitutes the hadd (corporal) punishment?

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Abu Dawood (2162) narrated that Abu Hurayrah said: The Messenger of Allah (peace and blessings of Allaah be upon him) said: “Cursed is the one who has intercourse with his wife in her back passage.” Classed as hasan by al-Albaani in Saheeh Abi Dawood.

This curse applies to one who has anal intercourse with his wife, so it becomes even more of an awful sin if the woman is not his wife.

The scholars unanimously agreed that sodomy is forbidden. It was condemned by Allah in His Book, and by the Messenger of Allah (peace and blessings of Allah be upon him).
Allah says (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: ‘Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)? Verily, you practice your lusts on men instead of women. Nay, but you are a people transgressing beyond bounds (by committing great sins)’” [al-A’raaf 7:80]

With regard to having intercourse with a woman (not his wife) in her back passage, the scholars differed as to whether this is zina (fornication) or sodomy. The view favored by Imam al-Sa’di (may Allah have mercy on him) is that having intercourse with a non-wife in her back passage is considered to be zina (fornication). He said: “Zina means having an unlawful sexual relationship in the front passage or the back passage.” Manhaj al-Saalikeen, p. 239.

With regard to fingering a woman’s vagina ( not his wife ) and licking it and rubbing penis and vagina without penetration (basically all except penetration of the penis into the vagina), the following verse clearly FORBIDS all sexual acts leading to fornication. Allah says (interpretation of the meaning):
“Do not even go close to fornication. It is indeed a shameful act, and an evil way to follow.” Al-Isra 17:32

It is by Allah’s wisdom that when He forbids a thing He forbids the things and acts that lead to it, because indulging in things that may lead to haram may make the heart inclined towards it, in such a way that the individual develops a psychological conflict between falling into this sin or the suffering that results from standing in the middle of the road, so that he is not shunning the haram thing entirely, with the peace of mind that comes from keeping away from it, nor is he committing the sin and fulfilling the desires of his self that is inclined towards evil.

The penetration of the penis in the vagina or rectum of a non-wife is what constitutes the hadd (corporal) punishment and the Muslim judge is the one that gives such a verdict.

As for sexual acts that do not include penetration of the penis in the vagina, the Muslim judge is Islamically permitted to issue a verdict that constitutes a different type of punishment called Ta’zir (تعزير) that befits the severity of the nature of the wrongful act.

In most cases of this type, the person will fall into major sins that he thought he would never commit, major sins that corrupt his religious and worldly affairs, ruin his life, and destroy the blessing in his wealth and children, as befitting punishment for his sin, because he moved away from his Lord and transgressed His sacred limits, and did not care that Allah was watching him and was aware of what he was doing.

The true Muslim is one who is not careless about things that lead to real disasters that affect his religious commitment, which is a man’s capital and comes before any worldly consideration. It is almost impossible for a couple to reach that level of intimacy and then be able to control themselves and refrain from falling into that great sin, which is nothing compared to the anger and wrath of Allah and the corruption that it causes, all just for the sake of the short-lived pleasure that the sinner is trying to achieve, which will be followed by never-ending regret.

The true Muslim has to understand things as they are and what they lead to, and not be tempted by the things that the Shaytaan makes attractive, or be deceived when the Shaytaan tries to make him think of evil actions as insignificant as a trick to make people join his party of losers. He has to fear Allah his Lord in private and in public, and know that Allah sees him and knows his intentions and his actions, as Allah says (interpretation of the meaning):
“Allah knows the fraud of the eyes, and all that the breasts conceal” [Ghaafir 40:19]

The true Muslim should remember that pleasing Allah is better and more lasting and that the Hereafter and its blessings are better for him than this world, and that the reward for being patient in abstaining from evil actions is Paradise as vast as the heavens and the earth, in which there is whatever a person could want of absolute and untainted pleasure.

We ask Allah to keep us safe from evil and purify our hearts of evil thoughts and help us to be steadfast in adhering to His religion and obeying His commands.


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