What is the meaning of the phrase "if there is doubt as to whether penetration occurred or not - and this is unlikely"? And does this doubt remove the ḥadd (prescribed punishment) from the man who did not feel penetration due to clothing, and from the betrothed woman who sometimes confirms penetration and sometimes doubts it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
As for our statement, "This is unlikely," we mean that it is usually improbable for intromission to occur without both parties being aware of it and feeling it. Therefore, as long as he did not feel it, and she is in doubt and not certain of anything, then this is not considered zina (unlawful sexual intercourse), and the prescribed punishment (hadd) is certainly not obligatory for it. All that is incumbent upon them is sincere repentance, seeking forgiveness, blocking all pretexts, and closing off all avenues that could lead to such an occurrence again in the future.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/95585
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- Ftawy
- Original fatwa ID
- 95585
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy