Is the حد of zina to be established upon a young man and woman if the young man penetrates the young woman without her consent and knowledge, knowing that the young woman allows any acts other than penetration?
Acts preliminary to adultery, such as touching and kissing, are not considered actual adultery. However, they are forbidden, reprehensible, and warrant disciplinary action. Islamic law metaphorically refers to them as "adultery" because they lead to actual adultery. As for the establishment of the prescribed punishment for adultery (hadd az-zina), it is confirmed by one of three methods: confession, the testimony of four men, or the pregnancy of a woman who has no husband. If a woman confesses under duress, no hadd punishment is applied to her. The same applies if she claims duress when pregnancy is confirmed. If the witnesses differ on whether she was coerced, no hadd punishment is applied to her. However, if they agree on her consent and no duress is apparent, then the hadd punishment is carried out on her. The non-establishment of the hadd punishment does not diminish the heinousness of this abomination. The girl must offer sincere repentance for these sins by feeling remorse, resolving not to return to them, and performing abundant righteous deeds.
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Reviewed by El Fatwa's sharia committee.
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