In the Name of Allah, Most Gracious, Most Merciful
[Quran, Al-Israa' (17):32]
with them) that the Messenger of Allah (peace and blessings of Allah be
upon him) said: "There will be among my ummah people who will
permit illegal sexual activity (zinaa), silk,
alcohol and musical instruments…"
(Narrated by al-Bukhari).
Question:
I need further information about the verse interpreted here about adultery. Adultery, according to the Hudood I read, require penetration. Is that true of Islamic law?
Are married persons, or single for that case, indulging in immoral acts that do not include penetration (but maybe oral sex), exempted from this punishment?
Secondly, is there a forgiveness for adultery? Or for what I inquired in my previous question.
I'd be greatly obliged to recieve an answer, because this issue has confused me for a long time.
Answer:
Praise be to Allaah.
Zinaa, in Arabic, means immorality, and is used with two meanings in shar’: a general meaning and a specific meaning.
The general meaning includes that which carries the punishment (hadd) and that which does not carry it. Islam does not give the name of zinaa only to that which carries the punishment, which is just one of many types of zinaa. Ibn ‘Abbaas (may Allaah be pleased with them both) said: “I have never heard any better definition of ‘small faults’ [al-Najm 53:32] than that which Abu Hurayrah (may Allaah be pleased with him) narrated from the Prophet (peace and blessings of Allaah be upon him): ‘Allaah has decreed for every son of Adam his share of zinaa, and there is no way to escape from it. The zinaa of the eye is a glance, the zinaa of the tongue is speaking, and the zinaa of the mind is wishing and hoping; then the private part either acts upon this or it does not.’” (Reported by al-Bukhaari, 11/26; Muslim, 4/2046).
Al-Bukhaari included this hadeeth in a chapter entitled Baab zinaa al-jawaarih doon al-farj (Chapter on the zinaa of faculties other than the private part).
Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: “Zinaa is not always associated with the private part itself, but may involve other faculties such as the eyes and so on.” Ibn Battaal (may Allaah have mercy on him) said: “Looking and speaking are called zinaa because they lead to real zinaa. This is why he said that the private part either acts upon this or it does not”
Zinaa is one of the forbidden deeds, one of the most serious major sins (kabaa’ir) after shirk and murder. Allaah says (interpretation of the meanings):
“And those who invoke not any other god along with Allaah, nor kill such life as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse – and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; except those who repent and believe and do righteous deeds, for those Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful.” [al-Furqaan 25:68-70]
“And come not near to unlawful sexual intercourse. Verily, it is a faahishah [anything that transgresses its limits – a great sin], and an evil way (that leads one to Hell unless Allaah forgives him).” [al-Isra’ 17:32]
Imaam al-Qurtubi (may Allaah have mercy on him) said: “The ‘ulama’ said that the phrase And come not near to unlawful sexual intercourse is more eloquent than merely saying ‘Do not commit zinaa’, because the meaning is, Do not even come close to zinaa.” This means not doing any deed that may get close to zinaa or lead to it, such as being alone with a member of the opposite sex, touching, looking, going to evil places, speaking in a haraam manner to a woman to whom one is not related, thinking about and planning immoral acts, and so on.
‘Abd-Allaah ibn Mas’ood said: “I asked the Messenger of Allaah (peace and blessings of Allaah be upon him), ‘Which sin is worst in the sight of Allaah?’ He said, ‘To make any rival to Allaah, when He has created you.’ I asked, ‘Then what?’ He said, ‘To kill your child for fear that he will eat with you.’ I asked, ‘Then what?’ He said, ‘To commit zinaa with the wife of your neighbour.’” (Reported by al-Bukhaari, 8/492; Muslim, 1/90).
All religions are agreed that zinaa is haraam; no religion allows it. The punishment for zinaa is the most severe of punishments, because it violates people’s honour and lineages.
The sin of zinaa may be of varying degrees, and the gravity of the offence depends on the nature and circumstances of the deed, although all zinaa is haraam, a major sin and an act of immorality. Zinaa with a mahram [i.e., incest] (Allaah forbid) or with a married woman is far worse than zinaa with a woman to whom one is not related or with an unmarried woman, because it involves violating the rights of the husband, contaminating his bed, attributing a child to him that is not his, and other kinds of offence and harm. If her husband is a neighbour, the crime of being a bad neighbour is added to the offence; if her husband is one's brother or relative, the crime of breaking family ties is added. The Prophet (peace and blessings of Allaah be upon him) said: He will not enter Paradise whose neighbour is not safe from his evil actions.” (Reported by Muslim, 1/68). There is no evil action worse than zinaa, and if the husband is absent for the sake of Allaah, such as in worship, seeking knowledge or jihaad, then the sin is compounded. Buraydah (may Allaah be pleased with him) reported that the Prophet (peace and blessings of Allaah be upon him) said: “The wives of the mujaahideen are as sacred and forbidden to those who stay behind as their own mothers. There is no man of those who stay behind who is entrusted by one of the mujaahideen with the care of his family and then betrays him (by committing zinaa), but he will be detained on the Day of Resurrection, and (the one whom he betrayed) will take as much of his good deeds as he wishes. So what do you think?” (Reported by Muslim, 3515). If the adulterer is married, the sin is greater, and the punishment is stoning, and if he is an old man, the sin is greater and the punishment is as the Prophet (peace and blessings of Allaah be upon him) mentioned in the hadeeth about the three whom Allaah will neither look at nor praise on the Day of Resurrection, and who will have a painful punishment.” (Saheeh Muslim, 156). If the deed is also committed during a sacred month or in a sacred place or at a time which is special in the sight of Allaah, the sin is compounded.
The fuqaha’ (may Allaah have mercy on them) stated that the basic act of zinaa which carries the punishment is illegal sexual intercourse, whereby the two “circumcised parts” [i.e. genitals] come together and there is penetration of the tip of the penis, because this is actual penetration (which carries the prescribed hadd or punishment).
A person must avoid evil deeds and everything that can lead to them. Allaah has commanded us to avoid the traps of the Shaytaan, because if a man takes one step in that direction, his shaytaan and his own ego (nafs) will keep urging him to do evil until he commits immoral deeds.
One should think about how serious it is to touch a woman to whom one is not related, as the Prophet (peace and blessings of Allaah be upon him) explained: “If one of you were to be stabbed in the head with a piece of iron it would be better for him than if he were to touch a woman whom it is not permissible for him to touch.” (Reported by al-Tabaraani; see also Saheeh al-Jaami’, 5045). This refers to the punishment for touching, so how about worse deeds, such as embracing and kissing, and even worse kinds of illicit activity? The Muslim qaadi is empowered to stipulate an appropriate punishment for every proven action other than actual intercourse; in the case of intercourse, the punishment set out by Islam is one hundred lashes and a year’s exile for one who is unmarried, and stoning for one who is married. This is the punishment in this world, and the punishment in the Hereafter is far more severe.
One of the important principles which the salaf (may Allaah have mercy on them) pointed out is that the sincere believer who truly hopes for Allaah and the Hereafter should not look at whether the sin is major or minor, or whether is carries a punishment (hadd) or not. It was reported that Ibn ‘Abbaas (may Allaah be pleased with them both) said: “There is no major sin if one asks for forgiveness, and there is no minor sin if one persists in repeating it.” Someone else said: “If you want to disobey Allaah, do not think about the smallness of the sin, think about the greatness of the One Whom you are disobeying.”
With regard to the matter of repentance from zinaa, please refer to the book "I Want to Repent, But...", …”, under the heading Books on this website. May Allaah bless our Prophet Muhammad.
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Question:
Why are adultery, gambling, eating the flesh of swine forbidden in Islam or consedered "haram"?
Answer:
Even though we find it strange that a Muslim would ask such a question about matters which are so clear and undisputed, the answer is simply that these things are haraam because Allaah, Whom we must obey, has forbidden them. He tells us in the Qur’aan (interpretation of the meanings):
“And come not near to unlawful sexual intercourse. Verily, it is a faahishah (a great sin) and an evil way.” [al-Israa’ 17:32]
“He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine…” [al-Baqarah 2:173]
“O you who believe! Intoxicants, gambling, al-ansaab [stone altars for sacrifice to false gods], and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allaah and from al-salaah. So, will you not then abstain?” [al-Maa’idah 5:90-91]
So we must avoid all that which Allaah has forbidden, out of faith in His laws, in the hope of His reward and in fear of His punishment. We must also believe that Allaah does not forbid anything in Islamic sharee’ah except that which is harmful and corrupt, whether we understand this rationally or not, because He says (interpretation of the meaning):
“And no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [al-Nisaa’ 4:65]
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Question:
I know that in the past if someone has committed adultery, they had to bring 4 witnesses .
My question is can we prove that today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses.
Answer:
Praise be to Allaah.
According to Islamic sharee’ah, zinaa can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.
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The punishment for zina (fornication, adultery) and how to keep oneself from going back to it
Question:
The problem is that I am a young man of thirty years of age. I got to know a girl who is nineteen years old who used all kinds of means to get to know me and get close to me. Without much talk or discussion, she went with me to my flat and I had intercourse with her dozens of times. There was a moment when I felt that I was about to die and I wanted to repent. I went to my father and asked him to get me married, and in fact I got married to a righteous girl from a respectable family. My main aim in marriage was to seek a woman who was religiously-committed, and this is what happened, for she is religious and is the daughter of a respected shaykh.
But my problem has become worse. Despite the fact that I have been successfully married – in everyone else’s eyes – for over a year and a half, I suddenly realized that I still feel love for the first girl with whom I had intercourse, and I am not able to leave her. Since I got married, I have not touched her or gone near her, but not a day goes by without me getting in touch with her by phone, and I do not want to hide from you the fact that I masturbate with my hand while I am speaking to her on the phone. I feel as if I am trapped by this girl and now she is not after me as much as I am after her. When we meet I feel scared to touch her, because I fear going back to zina.
My problem is simply psychological, which is how to discipline [?] myself and convince myself to keep away from this girl for once and for all, even though my wife is more beautiful than her and is better and she does everything she can to keep me chaste. Hence I despair of myself and I do not know how to sort myself out, despite the fact that everyone around me describes me as being good-hearted, loving good for people, shedding tears for the calamities and needs that befall people; they say that I try harder to do good for people than they do themselves, happily and willingly, and without them knowing about that, following the words of the Messenger of Allaah, “A man who gives in charity and conceals it so that his left hand does not know what his right hand is giving.”
Please help me to that I can be content with myself and be a righteous person.
Answer:
Praise be to Allaah.
We ask Allaah to relieve your distress and that of everyone who is distressed. From your question we may note the following:
1 – The fact that you have cut off the route to the Shaytaan, and are preventing him from continuing to tempt you, by getting married is something commendable, which points – in sha Allaah – to the goodness in your heart.
2 – In order for you to be sincere towards your Lord in your repentance, and so that Allaah may change your bad deeds (sayi’aat) into good deeds (hasanaat), you have to stop thinking about the first woman. Do not follow in the footsteps of the Shaytaan, and do not get carried away thinking about her, let alone speaking to her on the telephone, let alone meeting her, let alone doing anything that is more serious than that.
3 – Since it was thinking of death that led you to leave the first woman and get married, you should never stop thinking of it. This is the best advice a person may be given, whether he is falling short in obeying Allaah, or he is doing something that earns the wrath of Allaah. This is what gives the one who is falling short the motive to strive, because when death comes, good deeds are no longer recorded. It also gives the one who is doing evil actions the motive to stop and give them up, because a person’s deeds are judged according to his last deeds. It is sufficient for you to think of one thing: what if Allaah were to take your soul when you were masturbating while talking to this woman? What if Allaah were to take your soul when you were having unlawful intercourse with her?
My brother, think about it. Do you want to come out of your grave on the day when mankind is resurrected, holding onto your private part? Do you not see the great difference between this and between being resurrected prostrating or reciting the Talbiyah (as on Hajj or ‘Umrah) or remembering Allaah?
4 – The way in which you describe yourself makes us feel that there is much that is good in you, so beware of losing the reward for this goodness by having a bad end. Beware of depriving yourself of the reward for these virtues by committing such a major sin that will bring the wrath of your Lord upon you.
5 – You have no excuse for this relationship, for you are married to a woman who – as you say – is more beautiful and is better than the first one, so why not thank Allaah for giving you a halaal means of satisfying your desires? Why are you not content with that which Allaah has decreed for you of permissible things?
Your sin in doing these haraam deeds is worse than if you were not married. You are not single, rather Allaah has blessed you with the means of satisfying your desires in a permissible way. So whenever the Shaytaan makes you think of her (the first woman), go to your wife and seek refuge with Allaah from the Shaytaan.
6 – We give you the best advice, which is to make du’aa’. Get up in the latter part of the night and beseech your Lord, submitting yourself to Him and humbling yourself before His Majesty, asking Him to rid you of the problem. Turn to your Lord and call upon Him, for He is the best One to be asked – may He be glorified – and He does not turn away His slaves if they are sincere.
7 – Do you know that by thinking of this girl, getting in touch with her and meeting her, the Shaytaan may cause you to fall into that which you did before? I hope that you will not be over-confident and think that you will be able to resist, for the one who is ruled by his desires is weak, and whoever walks for a few steps with the Shaytaan will walk with him to the end. But you should know that you are incurring the wrath of the Compeller (al-Jabbaar) and that you are committing one of the gravest acts of disobedience against Allaah after shirk.
Imaam Ahmad (may Allaah have mercy on him) said: I do not know of any sin after murder that is worse than zina, and he quoted as evidence the hadeeth of ‘Abd-Allaah ibn Mas’ood who said: “O Messenger of Allaah, which sin is the worst?” He said, “Setting up a rival to Allaah when He is the One Who created you.” [‘Abd-Allaah] said: “Then what?” He said, “Killing your child for fear that he may eat with you.” [‘Abd-Allaah] said, “Then what?” He said, “Committing adultery with your neighbour’s wife.” And confirmation of that was revealed in the Qur’aan:
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment” [al-Furqaan 25:68]
You must also understand the effects that zina has on the soul (or on one’s psyche). Ibn al-Qayyim (may Allaah have mercy on him) said:
Zina encompasses all the characteristics of evil: lack of religious commitment, loss of piety, loss of chivalry, lack of protective jealousy (gheerah). You will not find any adulterer who is pious, or keeps his promises, or speaks truthfully, or is a good friend, or has complete protective jealousy towards his family. Treachery, lying, betrayal, lack of modesty, lack of awareness that Allaah is always watching, lack of chivalry, loss of protective jealousy from the heart – these are the effects and implications of zina.
One of the effects of zina is that it earns the wrath of Allaah because His sacred limits are transgressed. If a man were to do such a thing to any king, he would meet the direst consequences. Another effect of zina is the darkening of the face, and the grimness and misert of face that are apparent to other people. Another effect of zina is darkness of the heart and the extinguishing of its light, which is what causes the extinguishing of light in the face and the darkening thereof. Another effect of zina is the poverty that it leads to. Another effect of zina is the loss of respect towards the one who does it, and the lowering of his status in the eyes of his Lord and in the eyes of His slaves. Another effect of zina is that is causes him to lose the best of attributes, namely chastity, goodness and righteousness, and it earns him their opposites, namely immorality, evildoing, adultery and betrayal. Another effect of zina is that it causes him to lose the title of believer, as it was narrated in al-Saheehayn that the Prophet (peace and blessings of Allaah be upon him) said: “No adulterer is a believer at the moment when he is committing adultery.” Another of the effects of zina is that it exposes one to the possibility of being one of the inhabitants of the oven (tannoor) in which the Prophet (peace and blessings of Allaah be upon him) saw the adulterers and adulteresses. Another of the effects of zina is that it takes away the goodness which Allaah described as the attribute of those who are chaste, and replaces it with the evil which Allaah described as the attribute of the adulterers, as Allaah says (interpretation of the meaning):
“Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements are for good people (or good women for good men) and good people for good statements (or good men for good women)” [al-Noor 24:26]
Allaah has forbidden Paradise to every evil person, and He has made Paradise the abode of the good, and no one will enter it but those who are good. Allaah says (interpretation of the meaning):
“Those whose lives the angels take while they are in a pious state (i.e. pure from all evil, and worshipping none but Allaah Alone) saying (to them): Salaamun ‘Alaykum (peace be on you) enter you Paradise, because of that (the good) which you used to do (in the world)” [al-Nahl 16:32]
“and its keepers will say: Salaamun ‘Alaykum (peace be upon you)! You have done well, so enter here to abide therein” [al-Zumar 39:73]
So they will deserve the greeting of the angels and admission to Paradise because of their goodness. But the adulterers are among the most evil of creation, and Allaah has made Hell the abode of evil and its people. When the Day of Resurrection comes, the evil will be distinct from the good, and the evil will be piled up together, then it and its people will be thrown into Hell. No one who is good will enter Hell and no one who is evil will enter Paradise. Another of the effects of zina is the sense of alienation which Allaah instills in the heart of the adulterer, and this is like the alienation that shows on his face. For the one who is chaste has sweetness in his face and contentment in his heart, and whoever sits with him feels at ease with him. But the adulterer has signs of alienation in his face and whoever sits with him will feel uneasy. Another of the effects of zina is lack of respect, as his family, friends and others lose respect for him, and he becomes the most despicable thing in their sight; this is in contrast to the chaste person, who is blessed with dignity and sweetness. Another of the effects of zina is that people will regard him as a traitor and no one will trust him with regard to his wife or child. Another of the effects of zina is the foul odour that will emanate from him and be detected by everyone who has a sound heart; it will emanate from his mouth and body, and were it not for the fact that there are all the people have a similar odour, that smell would spread far and wide.
Another of the effects of zina is that he will feel uneasy and distressed, for adulterers are doing the opposite of what they are seeking. Whoever seeks the enjoyment and good things of life by means of that which Allaah has forbidden, Allaah will punish him by letting him get the opposite of that which he is trying to achieve. For that which is with Allaah can only be attained by obeying Him, and Allaah never makes disobedience towards Him the means of attaining anything good. If the immoral person only knew what delight, happiness, ease and good living there is in chastity, he would realize that the delights that he has missed out on are many times greater than those which he may have enjoyed, let alone the consequences in the Hereafter, when the chaste person will attain the reward of Allaah and will be honoured by Him. Another of the effects of zina is that he has exposed himself to missing out on the delights of al-hoor al-‘iyn in the beautiful abodes of the Garden of Eden (Jannaat ‘Adan). We have stated above that Allaah will punish those who wear silk in this world by depriving them of it on the Day of Resurrection, and He will punish those who drink wine in this world by depriving them of it on the Day of Resurrection. Similarly, those who enjoy forbidden images in this world will also be deprived of such in the Hereafter. Indeed, everything that a person gets in this world, if he indulges in it by permissible means, his share of it on the Day of Resurrection will be reduced to the extent that he indulged in it. And if he got it from haraam sources, he will lose out on it altogether on the Day of Resurrection. Another of the effects of zina is that zina leads to cutting the ties of kinship, disobedience towards parents, haraam earnings, mistreating others, neglect of one's wife and children, and it may even lead a person to shed blood unlawfully. He may seek help to commit zina by means of sihr (witchcraft) and shirk, and he may or not know that this sin inevitably includes other sins committed beforehand or alongside it, and that it leads to other kinds of sins that come after it. It is surrounded by a host of other sins that come before and after. It is the thing that is most likely to bring about evil in this world and the Hereafter, and the most likely to prevent good in this world and in the Hereafter. If a person falls into its traps and snares, it will be hard for sincere people to save him and for doctors to treat him; its prisoner cannot easily be ransomed, and its victim cannot be rescued. It also leads to the loss of blessings. If a person falls into this trap, let him bid farewell to the blessings of Allaah, for blessings may easily depart from a person and vanish. Allaah says (interpretation of the meaning):
“That is so because Allaah will never change a grace which He has bestowed on a people until they change what is in their ownselves. And verily, Allaah is All-Hearer, All-Knower” [al-Anfaal 8:53]
“But when Allaah wills a people’s punishment, there can be no turning back of it, and they will find besides Him no protector” [al-Ra’d 13:10]
These are some of the harmful effects of this action.
Rawdat al-Muhibbeen, p. 360-363
We advise you to read a book by Ibn al-Qayyim which is very useful with regard to this topic. It is al-Jawaab al-Kaafi li man sa’ala ‘ala al-Dawaa’ al-Shaafi.
Finally, we ask Allaah to keep you safe and sound with regard to your religious commitment and your worldly affairs, and to help you put your affairs in order before you meet your Lord. And Allaah is the Guide to the Straight Path.
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Question:
As Salaam Alaikum
I have a serious problem. I have been muslim for a couple of years. I have a major problem controling my sexually urges. Before I was muslim I had no sex whatsoever and was a virgin. But recently I have been doing some haraam things. On 3 occasions I have payed for oral sex from prostitutes. This is all I have done. My penis has never been in a women's vagina. Is this zinnah? Am i still a virgin? Am I still muslim? What can I do to stop? Please help me!
jazaakum Allahu khirun
Answer:
Praise be to Allaah.
There is no doubt that what you have done is a kind of zinaa (unlawful sexual activity), although it is not the worst kind, so you must repent sincerely to Allaah, give up this sin, regret what has happened and be determined never to go back to it. Avoid bad friends and bad places, lower your gaze and keep your distance from women to whom you are not related (non-mahram). If you repent to Allaah, He will accept your repentance. You are still a Muslim, but you have committed an act of disobedience towards Allaah by doing this sinful act, so come back to your Lord and seek His forgiveness for what you have done. Do more good deeds to expiate for and cancel out your bad deeds, do those things that will help you to remain chaste, and hasten to marry according to Islam. Finally, we will leave you with a story from which you may learn a valuable lesson:
Ibn Mas’ood reported that a man came to the Prophet (peace and blessings of Allaah be upon him) and told him that he had kissed or touched a woman, or something similar, as if he was asking how he could expiate for this (according to another report: a man had done something with a woman that fell short of actual intercourse. He came to ‘Umar ibn al-Khattaab, who regarded it as something very serious; then he came to Abu Bakr, who regarded it as something very serious. Then he came to the Prophet (peace and blessings of Allaah be upon him)). Then Allaah revealed the aayah (interpretation of the meaning): “And perform al-salaah at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds (i.e., small sins). That is a reminder (advice) for the mindful (those who accept advice).” [Hood 11:114]. The man asked, “Is this concerning me, O Messenger of Allaah?” He said: “It is concerning whoever of my ummah does this.” (Reported by Muslim, may Allaah have mercy on him, in his Saheeh, 4963).
According to a report narrated by ‘Abd-Allaah, a man came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I fondled a woman in the furthest outskirts of Madeenah but I did not actually have intercourse with her. Here I am, judge me as you wish.” ‘Umar said to him: “Allaah had covered you, you should have covered yourself (i.e., you should not have spoken of it).” The Prophet (peace and blessings of Allaah be upon him) did not reply at all, so the man got up and left. The Prophet (peace and blessings of Allaah be upon him) sent a man to follow him, call him and recite to him the aayah (interpretation of the meaning): “And perform al-salaah at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds (i.e., small sins). That is a reminder (advice) for the mindful (those who accept advice).” [Hood 11:114]. A man who was present said: “O Prophet of Allaah, is this just for him?” He said, “No, it is for all the people.” (Reported by Muslim, 4964).
And Allaah knows best.
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Question:
Is it permissible for a woman who has committed immoral actions to abort the foetus?
Answer:
Praise be to Allaah.
The efforts and ijtihaad of the fuqaha’ have focused on abortion in general terms, and the rulings on that and the consequences that may follow. They have not gone into details concerning cases where the pregnancy results from immorality. This may be because they consider that to come under the same ruling as abortion of a pregnancy resulting from a proper marriage. If abortion of a pregnancy resulting from a proper marriage is haraam under normal circumstances, then it is even more so in cases where the pregnancy results from immorality, because permitting abortion of pregnancy which results from immorality would encourage evil actions and the spread of immorality. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it, e.g., it forbids tabarruj (wanton display of one’s charms) and free mixing (of men and women).
In addition, an innocent foetus which has committed no sin should not be sacrificed because of a sin committed by someone else. Allaah says (interpretation of the meaning):
“No one laden with burdens can bear another’s burden” [al-Israa’ 17:15]
It is known that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent the Ghaamidi woman who was pregnant as a result of zinaa away until she gave birth, then after the birth he sent her away until she had breastfed the child and weaned him. She came back with the child who had a piece of bread. The Prophet (peace and blessings of Allaah be upon him) gave the child to one of the Muslims, then he gave orders that she should be placed in a hole up to her chest, and commanded the people to stone her. Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202)
This incident shows us the extent to which Islam is concerned with the foetus, even if it is the result of zina: the Prophet (peace and blessings of Allaah be upon him) delayed the carrying out of the hadd punishment on the mother in order to save the life of the foetus.
Can it be imagined that the Lawgiver would permit killing the foetuses by abortion in order to fulfil the wishes of those who follow their whims and desires?
Furthermore, those who say that abortion is permitted within the first forty days of a legitimate pregnancy based their ijtihaad on a concession, like not fasting in Ramadaan for those who have valid excuses, or shortening the four-rak’ah prayers whilst travelling, but it is stated in sharee’ah that concessions cannot be connected to sins.
Imaam al-Quraafi said: “With regard to sins, they cannot be taken as reasons for concessions. Hence one who is travelling for the purpose of sin cannot shorten his prayers or break his fast, because the reason for doing these is travelling, but in this case the reason for travelling is to commit sin, so the concession does not apply, because granting a concession on the basis of sin will encourage people to sin further.” (al-Furooq, 2/33)
Similarly, the basic principles of Islamic sharee’ah do not give the same concessions to a woman who is pregnant as a result of zinaa as are given to a woman who is pregnant as a result of proper marriage, lest that help her in her sin, and it does not make it easy for her to get rid of the results of her evil actions.
In addition, the foetus in the case of zinaa has no guardian, because according to sharee’ah the title of father can only be given to the one who has a child from a woman in a proper marriage. This is part of the meaning of the hadeeth: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and Muslim). The guardian of the foetus in such cases is the sultan or ruler – the one who is in charge of the Muslims’ affairs – for he is the guardian of those who have no guardian. The way in which the ruler disposes of people’s affairs is based on the interests of the people, and there is no interest to be served in destroying the soul of the foetus in order to preserve the mother’s interests, because that would involve encouraging her and others to persist in this evil action.
It is permissible to resort to aborting the foetus of a woman who has committed this evil action but now wants to repent sincerely, and is very afraid. This is a major principle of sharee’ah, and is subject to the condition that this be done as early in the pregnancy as possible, and that this fatwa be given only in individual cases and not be treated as a general fatwa, lest this concession becomes a means of encouraging evil in the Muslim society. And Allaah knows best.
From Ahkaam al-Janeen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islam-qa.com)
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He committed adultery and his conscience is troubling him, and he wants to get rid of the foetus
Question:
I a Moslem single person, who lives in the USA. I committed adultery many times with the same woman. Now, the women is pregnant. I would like to know if I can marry her in order to solve the problem (I mean cover the scandal)so the baby will find a father and gets the name. Actually, unfortunately, I would prefer abortion and I wish to convince her to do that, but don't know if this is considered killing a person. If so, I would feel guilty because of that. I believe the embryo is about 6-8 weeks. Please I need your help as soon as possible, Jazak Allah Khair.
Answer:
Praise be to Allaah.
Firstly, my brother in Islam, I offer you my condolences for the faith that you lost during the times when you were committing adultery. For the Prophet (peace and blessings of Allaah be upon him) said: “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when a drinker of an alcoholic liquor drinks it, then he is not a believer at the time of drinking it, and when a thief steals, then he is not a believer at the time of stealing, and when a robber robs, and the people look at him, then he is not a believer at the time of doing robbery.” (Narrated by al-Bukhaari, no. 2475)
Have you not read what your Lord says in His Book?
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to Hell unless Allaah forgives him)” [al-Israa’ 17:32 – interpretation of the meaning]
Do you not know that Allaah sees you wherever you are, and He hears you when you speak?
Do you not remember the great blessings that Allaah has bestowed upon you? For He is the One Who heals you when you are sick, the One Who feeds you when you are hungry and gives you to drink when you are thirsty. And He has given you the greatest blessing that He has bestowed upon mankind, the blessing of Islam. “Is there any reward for good – other than good?” [al-Rahmaan 55:60 – interpretation of the meaning]
My brother, ask yourself, Whose dominion do you live under? Whose provision do you eat from? By Whose command do you live? Is it not the dominion of Allaah, the provision of Allaah, the command of Allaah? So how can you disobey Allaah?
Perhaps you have forgotten the hadeeth of the Mi’raaj, in which the Prophet (peace and blessings of Allaah be upon him) said: “… then we proceeded and came to something like a tannoor (a kind of oven).” [The narrator] said: “I think he said, ‘in which there were clamouring voices.’” He [the Prophet (peace and blessings of Allaah be upon him)] said: “We looked into it and there we saw naked men and women. Flames were coming to them from the bottom of it, and when the flames reached them, they made an uproar. I said to them [i.e., the two angels who were accompanying him], ‘Who are these?’ They said, ‘Proceed, proceed!’… I said to them, ‘I have seen strange things this night. What is this that I have seen?’ They said, ‘We will tell you…. The naked men and women in the structure that resembled a tannoor oven are the adulterers and adulteresses.’” (Narrated by al-Bukhaari in Baab Ithm al-Zunaat, no. 7047).
So you must hasten to repent sincerely before death overtakes you, for the gate of repentance is open until the sun rises from the west or before the soul reaches the throat [at death]. Allaah rejoices over the repentance of His slave, and He will change his bad deeds (sayi’aat) into good deeds (hasanaat). Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance [al-Furqaan 25:68-71]
Secondly, with regard to your question, “Do I have to marry her?”, this is the issue of the adulterer marrying the woman with whom he committed adultery. The answer is that it is not permissible for him (the adulterer) to marry her, or for her to marry him, until the label of adultery no longer applies to them. That label can only be removed through repentance.
It is not permissible for you to marry her even if she is Jewish or Christian, because she is a zaaniyah (adulteress). Even if she is Muslim, it is not permissible for you to marry her because she is a zaaniyah. And it is not permissible for her to accept you as a husband because you are a zaani (adulterer). Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicator or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)”[al-Noor 24:3]
The phrase “Such a thing is forbidden to the believers” indicates that this marriage is forbidden.
“It is essential that both of you repent to Allaah, give up this sin, regret the evil actions that have occurred in the past, resolve not to return to them, and do many righteous deeds, so that Allaah may accept your repentance and turn your bad deeds (sayi’aat) into good deeds (hasanaat). Allaah says (interpretation of the meaning): ‘And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance’ [al-Furqaan 25:68-71]
If you want to marry her, you have to be sure that she is not pregnant by waiting to see if she menstruates before you do so. If it becomes apparent that she is pregnant, it is not permissible for you to marry her until after she delivers the baby, in accordance with the hadeeth of the Prophet (peace and blessings of Allaah be upon him), in which he forbade a man to use his water to irrigate the crops of another.” (Fatwas of the Standing Committee in al-Buhooth al-Islamiyyah magazine, vol. 9, p. 72)
Thirdly, you say, “so the baby will find a father and gets the name” This is the matter of attributing the child of adultery: who is he to be named after?
The answer is that the majority of scholars said that the child of adultery should not be named after the adulterer, because the Prophet (peace and blessings of Allaah be upon him) said: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e., to be stoned to death).” (Agreed upon. Al-Bukhaari 2053; Muslim, 1457. Al-Mughni by Ibn Qudaamah, vol. 7, p. 129)
Fourthly, you say, that you would prefer the woman to get rid of the baby. This is the issue of abortion, and the ruling on that is as stated in the report of the Committee of Senior Scholars (Hay’at Kibaar al-‘Ulamaa’), no. 140, dated 20/6/1407 AH, which is as follows:
“1 – It is not permissible to abort the pregnancy at any of its various stages except for a legitimate shar’i reason, and within very narrow limits.
2 – If the pregnancy is in the first stage, which is forty days, and aborting it will serve a legitimate shar’i interest or ward off some harm, then it is permissible to abort it. But aborting it at this stage for fear of difficulty in bringing up children or in providing for them or teaching them, or fear for their future, or because the couple feel that they have enough children – this is not permitted.
3 – It is not permissible to abort the pregnancy once it has become an ‘alaqah (clot) or mudghah (chewed lump of flesh) [i.e., after 40 days’ gestation] unless a trustworthy medical committee has stated that allowing the pregnancy to continue poses a danger to the health of the mother, such that there is the fear that she will die if the pregnancy continues. In this case it is permissible to abort the pregnancy, after exhausting all other means of trying to ward off that danger.
After the third stage, and after the completion of four months of pregnancy, it is not permissible for you to abort the pregnancy unless a group of trustworthy specialist doctors decide that leaving the foetus in his mother’s womb will lead to the death of the mother; this is after exhausting all possible means of keeping the foetus alive. Performing an abortion subject to these conditions is permitted in order to ward off the greater of the two harms, and to preserve the greater of the two interests.” (Quoted from al-Fataawa al-Jaami’ah, vol. 3, p. 1055)
We ask Allaah to keep us safe and sound and to accept our repentance. May Allaah bless our prophet Muhammad.
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If she committed zinaa when she was not Muslim and had a child, then she became Muslim, what should she tell other people and the child himself?
Question:
WHAT TO DO IF YOU HAD A CHILD BY AN "ARAB" THEN A DEW YEARS LATER YOU BECOME MUSLIM AND WANT TO GET MARRIED WHAT DO YOU DO? WHAT DO YOU TELL THE CHILD ABOUT HER REAL FATHER? WHAT DO YOU TELL THE PEOPLE? OR DOES IT MATTER
Answer:
Praise be to Allaah and peace and blessings be upon the Messenger of Allaah.
Zinaa (fornication or adultery) is a crime that is forbidden by divine laws and rejected by all wise and sane people, even if they are not Muslim. Allaah has condemned those who do this in many aayaat of the Qur’aan and in numerous ahaadeeth of His Prophet (peace and blessings of Allaah be upon him). He has threatened those who do this with severe punishment and disgrace in this world and the next – except those who repent, have faith and do righteous deeds, for Allaah will accept their repentance. The gate of repentance is open, but it is a condition of repentance that one should regret the deed and give it up. Islam wipes out whatever came before.
With regard to the child, he belongs to his mother, and should not be named after his father. This is the ruling concerning the illegitimate child: he should not be named after his father because he was conceived in fornication, not in wedlock. It is obligatory to take care of this child and bring him up with Islamic manners and morals. Because this immoral act has occurred, you must repent from it, but you should cover it up and not disclose it; you do not have to tell the people the truth. If the child wants to know the truth, you can tell him in an appropriate manner, and let him know that what happened was in the days of kufr (before you became Muslim), and that when a person repents and becomes Muslim, this wipes out whatever happened before. The child does not bear any responsibility for what happened, and as long as his mother has become Muslim, there is no grounds for rebuking or punishing her. It is obligatory to accept the will and decree of Allaah, and if this child does righteous deeds he will enter Paradise. No soul is made to bear the burdens of another. We ask Allaah to keep you safe and sound and to forgive you. May Allaah bless our Prophet Muhammad.
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Question:
My parents conceived me from zina.Whose name do I take and who are my people?
Jazakallah khairyn
Answer:
Praise be to Allaah.
We addressed this question to Shaykh ‘Abd-Allaah ibn Jibreen, who wrote back to us with the following response:
The correct view is that there is no sin on the child of zinaa because of the sin of his parents, because he did not do anything wrong. The (burden of) sin is on his parents. On this basis, he can call himself after his father who has acknowledged his paternity, so that he can prove that he belongs to him and his state (in official papers). Or he can call himself after his mother who gave birth to him, because this is his line of descent; then he will belong to her tribe and state. He should also do righteous deeds and be upright in his conduct and commitment to Islam. What his parents did should not cause him any harm. A person who is hindered by his bad deeds will not be helped by his lineage [i.e., a person’s origins do not count for anything if his actions are bad]. And Allaah knows best.
Shaykh ‘Abd-Allaah ibn Jibreen (www.islam-qa.com)
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Question:
Can an illegitimate person enter Paradise if he obeys Allaah? Is there any sin on him or not?
Answer:
An illegitimate child does not bear any sin because of his parents’ having committed the sin of zinaa (unlawful sexual intercourse), because that was not of his doing. They bear their own sin, because Allaah says (interpretation of the meanings):
“… He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned…” [al-Baqarah 2:286]
“… no bearer of burdens shall bear the burden of another…” [al-An’aam 6:164]
With regard to his ultimate destiny, the illegitimate person is like anyone else: if he obeys Allaah and does righteous deeds, and dies as a Muslim, then Paradise will be his; if he disobeys Allaah and dies as a kaafir, then he will be one of the people of Hell. If he mixes righteous deeds and bad deeds, and dies as a Muslim, then his fate is up to Allaah: if He wills, He will forgive him, if He wills, He will punish him, and his eventual admission to Paradise will be by the Grace and Mercy of Allaah. As for the hadeeth which says that an illegitimate person will not enter Paradise, this is a fabrication (falsely attributed to the Prophet SAWS (peace and blessings of Allaah be upon him)). And Allaah knows best.
Fataawa Islamiyyah li’l-Lajnah al-Daa’imah, 522. (www.islam-qa.com)
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Question:
A married woman commits adultery, then she repented but the guilt of the act is haunting her. She is now thinking about suicide. What should be done and what is your advice?
Answer:
Praise be to Allaah.
Ibn Mas'ood (may Allaah be pleased with him) said: "The believer sees his sin as a mountain beneath which he is sitting and which he fears may fall down upon him. The rebellious person sees his sin as a fly which passes in front of his nose and he swats it away…" (Reported by al-Bukhaari, 6308)
This woman's overwhelming sense of the burden of her sin is a sign of faith. We offer her the following advice:
She should examine her divorce from her first husband to make sure that it is sound according to sharee'ah (Islamic law), whether it took the form of talaaq (male-instigated divorce) or khul' (female-instigated divorce).
She should make sure that her marriage contract to the second man is also sound, because a marriage between two people guilty of adultery is not valid unless they have repented (see questions # 33); if the contract is found not to be valid, it must be repeated.
If this woman is sincere in her repentance towards Allaah, regrets what she did and is determined never to do it again, Allaah will forgive all her sins, no matter how great they were, so she should not despair of the mercy of Allaah, for no one despairs of Allaah's Mercy, except the people who disbelieve, and who despairs of the mercy of his Lord except those who are astray?
She should hasten to do many good deeds, to expiate for her sin, as Allaah says (interpretation of the meaning): "And perform al-salaat (the prayer) at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds…" [Hud 11:114]
She should resume a pure Islamic life, based on purity and chastity. Suicide is not a solution at all, as it is one of the most grievous of major sins, and will only increase the punishment of the one who does it. The Prophet SAWS (peace and blessings of Allaah be upon him) said: "Whoever throws himself down from a high mountain and kills himself will be throwing himself down from a mountain in the Fire of Hell for all eternity. Whoever takes poison and kills himself will be taking poison in the Fire of Hell for all eternity. Whoever kills himself with a weapon (literally, iron) will be holding it in his hand and stabbing himself in the stomach in the Fire of Hell for all eternity. (Reported by al-Bukhaari, 5778)
We ask Allaah to help this woman to repent sincerely, to forgive her sins and to include her in His Mercy, for He is the All-hearing Who answers prayers.
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Is it permissible for one who has committed zina (fornication or adultery) to get married after he or she has repented?
Question:
I am a muslim that converted about three years ago. I am still learning and I have a question. I have been told that if I had sex after I converted I would not be able to islamically get married under the ways of islam. I wanted to know if this is true and if it is, is there any way to correct the deed that I am so very sorry for.
Answer:
Praise be to Allaah.
The one who has committed zina (fornication or adultery) has to repent, because zina is one of the major sins which are forbidden in Islam and for which a stern warning is issued to the one who does them. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace” [al-Furqaan 25:68-69]
The punishment must be carried out in this world on the one who has committed zina (fornication or adultery), as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment” [al-Noor 24:2]
It was narrated in a hadeeth from the Prophet (peace and blessings of Allaah be upon him): “Receive (teaching) from me, receive (teaching) from me. Allaah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female, (they should receive) one hundred lashes and banishment for one year. And in the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.” (Narrated by Muslim, al-Hudood, 3199).
Allaah has forbidden the believers to marry a person who commits zina, whether man or woman. Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)” [al-Noor 24:3]
If the one who has committed zina repents to Allaah, truly and sincerely, then Allaah will forgive him or her, and overlook the sin. Allaah says, after mentioning the warning to those who commit zina:
“Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft Forgiving, Most Merciful. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance” [al-Furqaan 25:70-71 – interpretation of the meaning]
If the person repents sincerely, then it becomes permissible for him or her to get married, after they give up this sin.
Shaykh Muhammad ibn Ibraaheem was asked about the ruling on getting married to a woman who has committed zina. He said: “it is not permissible to marry the woman who has committed adultery until she repents… if a man wants to marry her, he has to be sure that she is not pregnant, by waiting until she has a period before he does the marriage contract with her. If she is pregnant, then it is not permissible for him to marry her until she has given birth.”
See al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 2/584
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Can those who have committed homosexual acts be forgiven, and is it permissible for such a person to get married?
Question:
Could inform me regarding the Islamic view about people who have committed homosexual acts, but have repented and abstained from such acts. Should they be stoned to death? Can they be forgiven? And are they allowed to marry people of the opposite gender?
Answer:
Praise be to Allaah.
Undoubtedly the sin of homosexuality is one of the worst sins; indeed, it is one of the major sins (kabaa’ir) that Allaah has forbidden. Allaah destroyed the people of Loot (peace be upon him) with the most terrifying kinds of punishment because they persisted in their sin and made this evil action commonplace and acceptable among themselves. Allaah says (interpretation of the meaning): “So when Our Commandment came, We turned (the towns of Sodom in Palestine) upside down, and rained on them stones of baked clay, in a well-arranged manner one after another; Marked from your Lord” [Hood 11:82-83].
Then Allaah says, warning those who come after them of the nations who do the same deed as they did (interpretation of the meaning): “and they are not ever far from the Zaalimoon (polytheists, evildoers)” [Hood 11:83]
And Allaah says (interpretation of the meaning): “And they indeed sought to shame his guest (by asking to commit sodomy with them). So We blinded their eyes (saying), ‘Then taste you My Torment and My Warnings.’” [al-Qamar 54:37]
The Prophet (peace and blessings of Allaah be upon him) said: “Whoever you find doing the action of the people of Loot, kill them, the one who does it and the one two whom it is done.” (Narrated by Ahmad, 2727; classed as saheeh by al-Albaani in Saheeh al-Jaami’ al-Sagheer wa Ziyaadatihi, no. 6589).
Imaam Ibn al-Qayyim (may Allaah have mercy on him) said:
It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Kill the one who does it and the one to whom it is done.” (Reported by the four authors of Sunan. Its isnaad is saheeh. At-Tirmidhi said it is a hasan hadeeth).
Abu Bakr al-Siddeeq judged in accordance with this, and he wrote instructions to this effect to Khaalid, after consulting with the Sahaabah. ‘Ali was the strictest of them with regard to that. Ibn al-Qasaar and our shaykh said: the Sahaabah agreed that [the person who does homosexual acts] should be killed, but they differed as to how he should be killed. Abu Bakr al-Siddeeq said that he should be thrown down from a cliff. ‘Ali (may Allaah be pleased with him) said that a wall should be made to collapse on him. Ibn ‘Abbaas said, they should be killed by stoning. This shows that there was consensus among them that [the person who does homosexual acts] should be killed, but they differed as to how he should be executed. This is similar to the ruling of the Prophet (peace and blessings of Allaah be upon him) concerning the person who has intercourse with a woman who is his mahram [incest], because in both cases intercourse is not permitted under any circumstances. Hence the connection was made in the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him) who reported that the Prophet (peace and blessings of Allaah be upon him) said, “Whoever you find doing the deed of the people of Loot, kill them.” And it was also reported that he (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a woman who is his mahram, kill him.” And according to another hadeeth with the same isnaad, “Whoever has intercourse with an animal, kill him and kill the animal with him.” (Narrated by Ahmad, 2420; Abu Dawood, 4464; al-Tirmidhi, 1454; al-Haakim, 4/355).
This ruling is in accordance with the ruling of sharee’ah, because the worse the haraam action is, the more severe the punishment for it. Having intercourse in a manner that is not permissible under any circumstances is worse than having intercourse in a manner which may be permitted in some circumstances, so its punishment is more severe. This was stated by Ahmad in one of the two reports narrated from him. (Zaad al-Ma’aad, part 5, p. 40-41).
The same applies to the sin of lesbianism. There is no doubt among the fuqahaa’ that lesbianism is haraam and is a major sin, as stated by al-Haafiz Ibn Hajar (may Allaah have mercy on him). (Al-Mawsoo’ah al-Fiqhiyyah, part 24, p. 251).
With regard to the specific type of punishment mentioned in the question – stoning to death – this kind of punishment is for the adulterer who is married. The shar’i punishment for the crime of h