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:

Assalam wa alaikum

Brother i dont want to disclose my identity hope u understand ,i had this doubt that in this age of computers and cell phones the act of sex has taken a real sharp turn this acts are caught on camera phones and distributed as MMS or even made available for downloads on various sites or even emailed to known persons ,the question of mine is whats this act considered in islam is it actual zina? and if yes whats the punishment accordin to the quran and hadiths and the second question is most of the times when we surf on net say to play some contest or games online and suddenly some pop ups come and porn websites links are contained or images its totally unintentional that we see this pornographic things is it punishable according to islam

awiting your reply

amay Allah(SAWS) bless you with all the health and wisdom and courage for u to continue this good work

Amin
Allah hafiz. 

(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 of the eyes

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.

Your Question: the question of mine is whats this act considered in islam is it actual zina? and if yes whats the punishment accordin to the quran and hadiths

Although strictly in legal terms the crime of ‘zina’ in Shariah Law would constitute the male organ entering the female organ of individuals that are not legally bonded in marriage, the watching of such indecent images, or the listening of indecent talks, etc. would constitute the sin of indulging in what the Quran terms ‘fashisha’ or shameful deeds. And every single sort and type of ‘faahisha’ or shameful or indecent things, deeds, talks, etc. are totally and absolutely forbidden in Islam.

Allah Says in the Holy Quran Chapter 7 Surah Aaraaf verse 33:

33 Say: ‘The things that my Lord hath indeed forbidden are: ‘faahisha’ (shameful deeds) whether open or secret; sins and trespasses against truth or reason; assigning of partners to Allah for which he hath given no authority; and saying things about Allah of which ye have no knowledge.

Allah Says in the Holy Quran Chapter 16 Surah Nahl verse 90:

90 Allah commands justice, the doing of good and liberality to kith and kin, and He forbids all ‘faahisha’ (shameful deeds), and injustice, and rebellion: He instructs you that ye may receive admonition.

Allah Says in the Holy Quran Chapter 6 Surah Anaam verse 151:

151 Say: "Come I will rehearse what Allah hath (really) prohibited you from: join not anything as equal with Him; be good to your parents: kill not your children on a plea of want; We provide sustenance for you and for them; come not nigh to ‘fahisha’ (shameful deeds) whether open or secret; take not life which Allah hath made sacred except by way of justice and law: thus doth He command you that ye may learn wisdom.

Not only is the evil act of ‘zina’ prescribed as absolutely forbidden in Islam, every path or every way that leads one to this evil path is also declared as forbidden! Such is the gravity of this abomination of ‘zina’, that Allah Subhanah commands the believers in the Quran: ‘Do not even go near ‘zina’!!!

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!

Shariah Law provides and prescribes capital punishment for the evil of adultery and a hundred lashes in public for those found guilty of fornication; and these are only the prescribed punishment a righteous society extracts from the evil-doers in the life of this world. If one who commits ‘zina’ (fornication or adultery) and does not turn back to their Lord in sincere repentance before their death, their accounting in the Presence of their Majestic Lord will be much more severe and lasting.

Although there is no prescribed punishment in Shariah for one who indulges in shameful deeds in the life of this world, the Messenger of Allah (saws) severely warned the believers regarding the deeds of ‘minor-zina’; that of the eyes, mouth, hands, legs, etc.

Sunan of Abu-Dawood Hadith 4886 Narrated by Anas ibn Malik

That he heard the Messenger of Allah (saws) say: ‘The eye commits ‘zina’, and the palm of the hand, the foot, the body, the tongue and private part of the body confirm it or deny it.’

Sahih Al-Bukhari Hadith 8.260 Narrated by Ibn Abbas

I have not seen a thing resembling 'lamam' (minor sins) than what Abu Huraira narrated from the Prophet (saws) who said "Allah has written for the children of Adam their share of adultery which he commits inevitably. The adultery of the eyes is the sight (to gaze at a forbidden thing), the adultery of the tongue is the talk, and the inner self wishes and desires and the private parts testify all this or deny it."

Allah Says in the Holy Quran Chapter 36 Surah Ya-Seen verse 65:

65 That Day shall We set a seal on their mouths. But their hands will speak to Us and their feet bear witness to all that they did.

Allah Says in the Holy Quran Chapter 41 Surah Ha-Meem verses 19-23:

19 On the Day that the enemies of Allah will be gathered together to the Fire they will be marched in ranks.

20 At length when they reach the (Fire) their hearing, their sight, and their skins will bear witness against them as to (all) their deeds.

21 They will say to their skins: "Why bear ye witness against us?" They (their skins) will say: "Allah hath given us speech, (He) Who giveth speech to everything: He created you for the first time and unto Him were ye to return.

22 "Ye did not seek to hide yourselves lest your hearing, your sight, and your skins should bear witness against you! But ye did think that Allah knew not many of the things that ye used to do!

23 "But this thought of yours which ye did entertain concerning your Lord hath brought you to destruction, and (now) have ye become of those utterly lost!"

Thus if one intentionally sees and watches ‘fahisha’ (indecency), it would constitute ‘zina’ of the eyes; if one derives pleasure from talks of ‘fahisha’, it would constitute ‘zina’ of the ears and mouth, if one touches or goes towards something or someone with the intention of ‘fahisha’, it would constitute ‘zina’ of the hands and the legs! Although there is no prescribed punishment for the ‘zina’ of the eyes, mouth, ears, hands and feet in the life of this world, if one dies without seeking ‘taubah’ and repentance from their Lord, he will be held severely accountable for these acts of ‘minor’ zina in the Presence of their Majestic Lord in the Hereafter.

Your Question: most of the times when we surf on net say to play some contest or games online and suddenly some pop ups come and porn websites links are contained or images its totally unintentional that we see this pornographic things is it punishable according to islam

Sahih Muslim Hadith 5372 Narrated by Jarir ibn Abdullah

I asked Allah's Messenger (saws) about the sudden glance (that is cast) on the face (of a non-Mahram). He (saws) commanded me that I should turn away my eyes.

Sunan of Abu-Dawood Hadith 2144 Narrated by Buraydah ibn al-Hasib

The Prophet (saws) said: to Ali: ‘Do not give a second look for while you are not to blame for the first, you have no right to the second.’

If one inadvertently or unintentionally happens to cast ones sight on some ‘faahisha’, or if a shameful or indecent image or sight were to accidentally present itself in front of him, one should immediately turn their sight away….for the Messenger of Allah (saws) said that while one will not be held accountable for one’s first accidental look, one will indeed be responsible for their second look in the Court of Allah Subhanah.

Thus if an indecent or shameful image suddenly ‘pops-up’ on your computer screen, and at first glance you seek refuge in Allah, turn away your sight, and immediately close the file, there would be no blame or account on your part. But if one were to look and stare and derive pleasure from what has accidentally ‘popped-up’, or (Allah forbid) were to delve into it further and open the link, etc.; then indeed one would be guilty of pursuing the ‘faahisha’ which has been strictly forbidden by Allah and His Messenger (saws).

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

Your brother and well wisher in Islam,

Burhan