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:

Please tell me that what is punishment for him/her , who concern sex with opposite sex called ZINA during ROZA STATUS?

(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:

Zina while fasting

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.

We assume your question is related to one who is fasting commits ‘zina’ (illegal sex) with a non-mehram woman. If a married couple have conjugal relations while in the state of fasting, then it would obviously not be termed ‘zina’, but there is indeed a prescribed punishment in Shariah for such a transgression. Our answer is concerning the specific sin of ‘zina’, where a man has committed illegal sexual intercourse with a non-mehram woman.

Allah says in the Holy Quran Chapter 17 Surah Israa verse 32: Do not even go near ‘zina’ (fornication or adultery) for it is a very indecent thing and a very evil way!

Zina (fornication and adultery) are considered amongst the gravest sins in Islam. One can imagine the severity of the sin by the punishment Allah and His Messenger (saws) have prescribed for this heinous sin. If one is living in an Islamic State and gets convicted of the sin of zina (adultery), the punishment prescribed by Allah and His Messenger (saws) is that he/she should be stoned to death!! And if the person dies without making Taubah or asking repentance from Allah Subhanah in the life of this world, the punishment of the Hereafter in the Just Court of Allah Subhanah is even more severe than the punishment of the world!!

Beloved brother in Islam, indeed the prescribed punishment in Shariah for ‘zina’ (adultery) is to stone the convicted person to death. But this law will only apply when one is in an Islamic State, and the case of adultery is brought to a Shariah Court, and the crime is proved by the prosecution in the Shariah Court either by a confession of the person him/her self, or by producing four honorable witnesses who actually saw the person in the actual act of ‘zina’ intercourse. If convicted of the accused crime of ‘zina’ by the Shariah Court, the Judge will then sentence that the convict be stoned to death according to the Shariah. That is the prescribed law declared by Allah and His Messenger (saws) for a righteous society to exact a fair punishment from those who commit ‘zina’ (adultery). The punishment on the Day of Judgment for the ‘zaani’ (adulterer) is much much severe, unless and until he seeks sincere forgiveness from Allah Subhanah during his worldly life.

But in the situation when the ‘zina’ case is not brought to a Shariah Court, the doors of Taubah or forgiveness are open in the Majestic Presence of the Merciful Lord. If one who commits ‘zina’, and subsequently seeks forgiveness and sincere Taubah from the Merciful Lord and amends his conduct; it is expected that the Merciful Lord will turn towards him with His Mercy, and forgive him of his heinous sin.

Allah Says in the Holy Quran Chapter 25 Surah Furqaan verses 68-71:

68 And (the true servants of the Merciful are) those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in the (course of) justice, nor commit adultery; and whoso doeth this shall pay the penalty;

69 The doom will be doubled for him on the Day of Resurrection, and he will abide therein disdained for ever;

70 Save him who repents, and believes, and does righteous work; as for such, Allah will change their evil deeds into good deeds. Allah is ever Forgiving, Merciful.

71 And whosoever repents and does good, he verily repents toward Allah with true repentance.

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54: (O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54: When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

If one commits ‘zina’ while fasting, he only increases the severity and heinousness of the sin; but the prescribed punishment of the sin of ‘zina’ if convicted in a Shariah Court will remain the same; 100 stripes in public for the convict who is unmarried (fornication), and death by stoning if the convict is married (adultery).

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