Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Burhan ,
I have already asked that question but with unknown name, But I can not get the answer yet,My question is that,If a man go to some girl with his will to do intercourse and they start doing so but due to fear of ALLAH Almighty the Penis of Boy do not have any erection ,Now He inserts The penis once and then give up, just due to Fear Of ALLAH ALmighty ,and there is no ejaculation ,no enjoyment , no erection ,just insertion only once, HAVE ZINA Occured or not???? 

AOA

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Does insertion mean Zina ?

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

If one has indeed abstained from completing this most heinous of sins at the stage which you have described due to the fear of Allah Subhanah; it will be regarded as his repentance and it is expected that Allah Subhanah will accept this person’s sincere Taubah and take him into His Sublime and Infinite Mercy.

Sahih Al-Bukhari Hadith 3.418 Narrated by Ibn Umar

The Prophet (saws) said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

But if the case is brought to an Islamic Court and there are four witnesses to the act of insertion, or there is a confession from both parties; it will indeed be considered ‘zina’ in the sight of Islamic Law, and the prescribed punishment for ‘zina’ will be sentenced. Legally speaking, an insertion, even if only once, with or without enjoyment, or ejaculation, or erection, etc. would constitute a case for the grave sin of ‘zina’.

The Shariah Judge will base his decision solely on the available evidence of the four witnesses or the confessions; but it is the All-Knowing Lord Alone Who knows the condition of each of his slaves and the intentions behind doing or abstaining from any act.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan