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What Is Fornication In Islam?


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#1 Astral

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Posted 09 September 2005 - 01:16 AM

Assalamu'alaykum,

What is fornication in Islam?
I know... the question sounds stupid and simplistic. But in the case that the Sharia was to be implemented fully, the question, I believe becomes a very important one.

I did a quick search on it and found the following...
My comments will be in the next post...

======================


Question asked by Asim Sarfraz from Pakistan on 31-May-2003.

Title:
What’s the classical definition of Zina?

Question:

What's the classical definition of zina?

Does sodomy include this definition?

Does sexual relation between women include this?

Does oral sex include this?

Does other forms of foreplay include this?

Covering up on above, what laws under Shariah are applicable, and how does Quran's definition of zina cover up on it.

Asim Sarfraz
Pakistan



Answer:

The Qur'an does not define the term Zina while legislating its punishment. The apparent reason for it is that, as in the case of Riba, there was no ambiguity in the minds of its direct addressees regarding the implications of the term. Often translated as "adultery" or "fornication", Zina really means consensual sexual intercourse between a man and a woman not bound to each other by a legal marriage. It should be clear that the actual sexual intercourse qualifies as Zina for which the punishment according to the Quran is:

The man and the woman guilty of fornication, flog each of them with a hundred stripes and let not compassion move you in their case in the enforcement of the law of God, if you truly believe in Allah and the Last Day. And let a party of the believers witness their punishment. This man guilty of fornication may only marry a woman similarly guilty or an idolatress and this woman guilty of fornication may only marry such a man or an idolater. The believers are forbidden such marriages. (24:2-3)

From this verse, it is evident that the criminals should be flogged publicly to humiliate them in front of people and to make them a means of warning for those present. After this punishment has been carried out, the fornicator shall be barred from marrying a chaste partner.

Based on certain Ahadith, the classical and contemporary scholars of Islam prescribe the punishment of stoning to death for a married adulterer and adulteress. However, there are some issues surrounding this prescription that generated controversy and led an eminent contemporary scholar to disagree. For details you can see the links to previous discussions titled "Punishment of Rajam" and "Regarding Stoning of a Married Adulterer"

You further ask about the inclusion of oral sex and other forms of foreplay within the ambit of Zina. It should be obvious from above that these "acts" do not constitute Zina per se. However, in some of the narratives ascribed to the Prophet (pbuh), he has used the term broadly to signify the abhorrence and gravity of even those acts that come close to or can lead to the "final act." In other words, these "acts" although cannot be termed Zina in the purely legalistic sense, yet they have been severely censured by the Prophet (pbuh) in comparing them with Zina. He is reported to have said:

The eyes commit Zina, the hands commit Zina and feet commit Zina and the genitals commit Zina." (Musnad Ahmad, Hadith no. 4258)

This is akin to what Jesus (sws) said in the Gospel of Matthew:

You have heard that it was said, 'Do not commit adultery.' But I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart.

The Quran also wants to clog all ways potentially leading to Zina:

And come not near unto adultery. Lo! it is an abomination and an evil way. (17:32)

Even though there is no prescribed punishment for these "acts", they serve as a facilitator for Zina and, in no uncertain terms, incur the wrath of the Almighty. If restraint is not exercised, these can result in punishment in the Hereafter.

Regarding sodomy and sexual relation between women, these are against the natural make-up of the human body. Acts of this category are unnatural and can be classified as natural prohibitions. The Quran states:

When [their menstruation period is over and] they have cleansed themselves come to them from where Allah has guided you. (2: 222)

The words "from where Allah has guided you" clearly point to the fact that only those types of sexual relations are allowed which are natural and in accordance with the human physiology. Thus, broadly, sodomy and homosexuality between females may not be part of the strict definition of Zina, yet in accordance with the teachings of Shari'ah, both stand prohibited. In view of a lack of any direct legislation by the Shari'ah, the Islamic state may legislate any punishment it deems appropriate for the stated acts.

You may also like to see one of our earlier responses to a related question, titled "Some Questions on Sexual Behavior"

Lastly, I may add, anyone conscious of the Innate Guidance and the Revealed Wisdom would never flounder while deciding on the boundaries and limitations of sexual relations and acts.

Regards,

Razi Allah
May 31, 2003
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#2 Astral

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Posted 09 September 2005 - 01:23 AM

It is clear that the meaning of zina is very broad in islam.
There are levels of zina.. the zina of the eyes, the hands, the mouth, and then the genitalia.

So which one of these is 'punishable' in islam? I guess the general understanding is penetration of the genitalia....

But what about lesbians... and what about those people who are kinky and use other objects... ? Is oral or hand equal to the same punishment?


anyway sorry if this thread sounds perverted.. im just reading up on rape for a subject so yeah....
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#3 child-of-islam

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Posted 09 September 2005 - 12:20 PM

بسم الله الرحمن الرحيم

hehe sister youalways have the weirdest questions ever..but its fine at lesati am glad ou are looking for answers all the time :)

The Zina is not broad as you think cause Zina emphisize the idea of having real sexual intercourses..hmm sister seriously i am embarrsed to say it clearly but its what is called in arabic (( Ilaaj)) which means that the part of man should enter the part of the woman( penetration) between a man and a woman other than is considered introduction to Zina and you can refer to this Hadith & This Aya to clarify it :)

This hadith has been narrated on the authority of Sulaiman Taimi with the same chain of transmitters that a person had taken liberty with a woman less than fornication. He came to 'Umar b. Khattab and he took it to be a serious offence. Then he came to Abu Bakr and he also took it to be a serious offence. Then he came the Allah's Apostle (may peace be upon him) and he made a mention of this to him. The rest of the hadith is the same..........Sahih Muslims

And come not near unto adultery. Lo! it is an abomination and an evil way...Al-Israa...aya 32

and refering to the Hadith of the zina of the hand etc.. is considered as zina to show big sin it is and that it will lead to the Zina and if u read the hadith completely you'll understand it better :)

I did not see anything so resembling minor sins as what Abu Huraira said from the Prophet, who said, "Allah has written for the son of Adam his inevitable share of adultery whether he is aware of it or not: The adultery of the eye is the looking (at something which is sinful to look at), and the adultery of the tongue is to utter (what it is unlawful to utter), and the innerself wishes and longs for (adultery) and the private parts turn that into reality or refrain from submitting to the temptation."..........Sahih Muslim

regrading what is Punishable is the Adultary as in its real meaning of sexual intercourses between a man and woman, not the look or so ( and thats called Hodood) but still the man responsible of ruling the people can use what is called ( ta'zeer) if one is doing more often and obviously like either bya fine or prison or how he sees it suitable!!

Homosexuality in Islam is soo forbidden and it doesn't matter if they had penetration or not and it has different punishment than Zina!!

anyway sister look to the mercy Of islam, cause the society is one of the most important thing in islam thats why islam conditioned having four witnesses to do punish them or if they admit it..cause itsa serious issue that will ruin families and society so if you think about it, its hard to have a situation of zina and having four witnesses seeing all that at once!! and ist from allah mercy so that havinga space to repent such big sin and if you look back at the Prophet (PBUH) time u will see how everyone prefered to be punished in thsi life for that than waiting to be punished the big punishment in the hereafter!! even the kiss and the look they considered it a big deal, subhan allah...and to be honest people started to do the major sins cause they started to calssify sins as small minors and big...a sin is a sin to me and as always been said:

Never look to how small is your sin but look to the Greatness of the one who you have disobeyed

and allah knows!!
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#4 Astral

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Posted 09 September 2005 - 12:30 PM

child of islam,
thanks for your reply. I know it's a weird question but i guess curiosity got the better of me as ive been studying the definition of 'rape' and sexual indecency and molestation andstuff... in western law the meaning of rape has become more than to just meanintercourse.. so i was wondering what the stance in islam was... there are some really perverted crap going on in this world... anyway, ok i will drop the topic as its really hard talking about it lol. :oops:
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#5 child-of-islam

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Posted 09 September 2005 - 02:56 PM

its ok sister as it stated from one of the women at the Priophet (PBUH) time " O Prophet Of Allah there is no shame of asking in matters of religion"
its good to think and to search answers to such issues and its still a knowledge and a matter of our religion to know , so all good inshallah :)

I agree many bad things are happening in the world unfortunatly but all what we can do is nothing but making Duaa and work on ourselves and the people around us to be better isnhallah :)


as i said the Zina as in its real meaning has a punishment for it but still the other kind of abusing like the examples you gave still have its punishments but its as its called (Ta'zeer) and this a space been given to the ruler to make his decission on issues not stated their punishments depends on what the act was done and it differs froms ome one to another like if its knwon this person did it many times and became as ahbit his punishment maybecome bigger and tougher than aone who did it only once like as they say the punishment is equal to the crime :)

and allah knows :)

Edited by child-of-islam, 09 September 2005 - 11:35 PM.

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#6 Rafeeq

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Posted 09 September 2005 - 03:23 PM

Based on certain Ahadith, the classical and contemporary scholars of Islam prescribe the punishment of stoning to death for a married adulterer and adulteress. However, there are some issues surrounding this prescription that generated controversy and led an eminent contemporary scholar to disagree. For details you can see the links to previous discussions titled "Punishment of Rajam" and "Regarding Stoning of a Married Adulterer"

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Hey Astral,
can you give me the link to that article? Jazakallah Khair.

Edited by Mohammed Rafeeq, 09 September 2005 - 03:23 PM.

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Wassalam,
Rafeeq.

#7 Astral

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Posted 09 September 2005 - 04:16 PM

Oh.
Did I forget to include the URL... hmm...
the above article is found @
http://www.understan...estion&qid=2295

You can follow the links there.
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