I Kissed and Undressed a Female Relative. Does That Constitute Fornication (Zina)?

Answered by Shaykh Irshaad Sedick

Question 

I kissed and undressed a woman (of marriageable kin). Would my crime constitute fornication (zina)? 

Answer

In the Name of Allah, the Most Merciful and Compassionate. 

May Allah forgive our sins, cover our faults, and guide us to that which is pleasing to Him. May He protect us from the plot and whispers of Satan, Amin.

The described acts are forms of fornication, and we implore you to turn to Allah in repentance, and Allah knows best.

Types of Fornication/Adultery (Zina)

Fornication (zina) does not only refer to the act of penetration. Other forms of fornication incur sin and the displeasure of Allah, but not to the same extent as penetration. The shameful acts which usually lead to the actual fornication (zina) are generally referred to as ‘lewdness (fahisha)’ and are the evil gateways to the severe crime (penetration) and its related punishments. 

The Prophet (may Allah bless him and give him peace) referred to the above precursory crimes as ‘zina,’ indicating how serious those crimes are.  The Prophet (may Allah bless him and give peace) said: “Allah has recorded the choices every son of Adam makes for his share of zina, which he will inevitably commit. The zina of the eyes is looking. The zina of the tongue is speaking. A person would wish and desire, and the private parts either confirm or deny it.” [Agreed upon] 

Refrain from the Precursors to Avoid the Major Sin

Instead of the expected form of prohibition, such as ‘don’t fornicate,’ Allah commands that we avoid even the precursors of fornication. Allah says: “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality (fahisha) and is evil as a way.” [Qur’an 17:32]

Allah also says: “Tell the believing men to lower their gaze (from looking at forbidden things) and protect their private parts (from illegal sexual acts). That is purer for them. Verily, Allah is All‑Aware of what they do. And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts)” [Qur’an 24:30-31]

Therefore, dear brother, we advise you immediately turn to Allah in repentance and know that He is Most Forgiving, Most Merciful.

[Shaykh] Irshaad Sedick

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan. 

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. He served as the resident Imam of Masjid al-Munowar in Retreat, Cape Town, for several years.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.