Source: http://qa.muftisays.com/?1694
Question ID: #1694
 
Question: adultery
Asalaam O alykum,
I have an issue I am really worried about and Inshallah hope you may be able to guide me on it. Please reply to all my questions if possible. JazakAllah. I have been married to my husband for nearly 2 years now. Recently my husband took me into confidence and revealed a few things about him.
I forgive him as he has trusted in me and he is regretting his actions. I would want to know Islamic Shariah rulings on this.
Basically my husband visited a massage parlour once with his friends for a massage. They ended up at the wrong place where women offered oral sex. My husband has since visited some of these places quite a few times even during our marriage. My question is:
What does Zina and adultery mean? Is it the actual action of intercourse? As my husband had oral performed on him, is this Zina? Is he an adulterer? He has never had illegal intercourse. Has he commited the Major Sin?? (Please let me know). Is hand relief by other women also Zina (major sin?). If the hadood were applicable would he be stoned to death? Does it affect our marriage. Is having a massage by these women commiting Zina?
Please tell me how he can offer repentance, a: if it was a major sin he commited, and b: if it was not a major sin. My husband is very upset in himself.
Is there any dua he can recite to protect himself.
I am very upset myself for my husband. I do not want him to be punished. I love him. I fear Allah.
 
 
Answered by: Ulamaa ID 09 (Zambia)
Date: 30/06/2007 23:29pm

Bismillaah-ir-Rahmaan-ir-Raheem.

Wa 'Alaykum-us-Salaam wa Rahmatullaahi wa Barakaatuh.

May Allaah reward you for your admirable strength and consideration. I sincerly hope and pray that your husband has truly discontinued this immoral practice.

1) The act of Zina, upon which the Penalty of 100 lashes or pelting to death is applicable, is only when the man and woman actually meet in sexual intercourse, whereby he enters inside her simlar to how the rod used to apply Kohl (Surmah) is inserted inside the bottle where it is stored. Therefore, if Hudood were applicable, he would not have been liable to be punished.

2) However, the Qur'aan states: "And do not even draw near Zina"
Zina is a major sin and likewise all actions that lead to the ultimate crime of Zina are also forbidden.

Abu Hurayrah (radhiallaahu 'anhu) narrates that the Messenger (sallallaahu 'alayhi wa sallam) said: "The Zina of the eyes to look (at na-mahram). The Zina of the tongue is speak, and the nafs (carnal self) desires and lusts, while the private part either confirms or contradicts." (Muslim)

From the aformentioned, we learn that any kind of contact with a strange woman is forbidden. However, it will not be as grave as commiting the actual act of Zina.

In any case, one should never be despondent of the Mercy of Allaah, as He is Most Forgiving. Allaah Most High says:

"Say, O my bondsmen who have wronged thir souls (by committing sin)! Never lose hope of Allaah's mercy. Verily Allaah forgives all sins. Undoubtedly, He is the Most Forgiving, the Most Merciful." (az-Zumar, 53)

Your husband should turn in repentence to Allaah, and vow never to go near such immorality in future. May Allaah accept his repentence and grant him the ability to remain steadfast in upholding the Deen. Ameen.

And Allaah knows best.

Wassalaam.
A. Z. Pandor
 
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