What is the ruling on a young man (22 years old) touching women on public transportation with the intention of gratification, and what results from that, such as the emission of semen? Is that considered zina (fornication/adultery) or istimna' (masturbation)? And does it necessitate a hadd (prescribed punishment)? What about repeating that in the month of Ramadan? Is it obligatory to make up the days on which that occurred, or is the severe expiation (kaffarah mughallazah) due? And what is the ruling on his resorting to masturbation by hand sometimes to avoid doing that?
It is forbidden to sit next to girls in transportation or elsewhere due to the temptation involved, and one must move away or prevent them. What happened is not actual fornication (zina), but rather one of its مقدمات (preliminaries) as indicated by the agreed-upon : "Indeed, Allah has decreed for the son of Adam his share of zina (fornication), which he will inevitably attain. The zina of the eye is looking, the zina of the tongue is speaking, and the self wishes and desires, while the private part confirms that or denies it." Its expiation is through sincere repentance ( nasuh). The emission of semen due to looking or touching with an unlawful intention invalidates the fast and necessitates making up the day (qada') and repentance, without expiation. However, if it was without intention, there is no sin or need to make up the day. Masturbation is forbidden according to the majority of scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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