Is the insertion of the glans into the vagina of a virgin, without breaking the hymen, considered zina (unlawful sexual intercourse) that necessitates the Hadd penalty?
The sexual intercourse that necessitates the hadd punishment for zina (fornication/adultery) is the insertion of the glans into the vagina, even if the hymen is not broken. This is because all rulings related to sexual intercourse stipulate the complete insertion of the glans into the vagina. Ibn Qudamah mentioned that rulings related to sexual intercourse pertain to the insertion of the glans. Al-Nawawi also stated this. Ibn Arafa defined zina as the deliberate insertion of a human glans into another person's vagina without a semblance of legality. Al-Bujairimi mentioned that a woman is subject to the hadd punishment if she is ghawra' (meaning her vagina is wide enough) such that the glans can be inserted while the hymen remains intact.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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