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:

what is order in islam regerding the (ZANA) with (mehrim) from whose the ovservtion of pardha is not required what is its punishment in islam

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Answer:

Zina with Mehram

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.

The sin of ‘zina’ (fornication and adultery) is so grave in the sight of Shariah, that the punishment ordained by Allah and His Messenger (saws) is 100 lashes for fornication and capital punishment for adultery.

Allah says in the Holy Quran Chapter 24 Surah Noor verse 2:The woman and the man guilty of fornication, flog each one of them with a hundred stripes; and let not pity for them restrain you in regard to a matter prescribed by Allah, if indeed you believe in Allah and the Last Day. And let a section of the believers witness the punishment inflicted on them.

The Messenger of Allah (saws) declared capital punishment of stoning to death the man and woman guilty of adultery.

The punishment is the same whether one does ‘zina’ with a mehram or a non-mehram in this world, simply because beyond capital punishment, and that too after stoning to death the guilty ones, there is little one can do to increase the punishment of this world! But undoubtedly, in the sight of Allah, committing ‘zina’ with a mehram is much much bigger sin, and its due and just punishment can only be given by Allah to the people who commit such evil acts on the Day of Judgement.

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