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Assalamu alaykum, dear brothers and sisters.

The situation is: A man and a woman have oral sex. They are not married to each other, but one/both of them is/are married to another person.

The questions are: 1. Does illegitimate oral sex of a married man or a woman require a Hadd punishment such as Rajm? Is oral sex (in both directions) equivalent to a sexual (vaginal/anal) intercourse in mentioned case? 2. Is there or What should be the punishment? 3. What rights do spouses of such individuals have? What can they demand of a cheating spouse by right?

These questions are purely technical. Please, be very specific in your answer and provide concrete sources.

P.S. Allah says (interpretation of meaning): "And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way." [ Surat Al-'Isrā' 17:32 ]

Thank you for your time and attention.

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Does illegitimate oral sex of a married man or a woman require a Hadd punishment such as Rajm?

Zina which carries Hadd is only intercourse in which penis enters vagina or anus. Not for sex between the thighs, hands or mouth etc. because these are not called farj. Consult https://islam.stackexchange.com/a/818 and https://islam.stackexchange.com/a/40018

Is there or What should be the punishment?

Any other means of orgasm is classified under masturbation, for which there is Tazir, Tazir is not a fixed penalty it is at the discretion of the judge to implement whatever punishment he deems necessary.

What rights do spouses of such individuals have? What can they demand of a cheating spouse by right?

Divorce is justified if the spouse is immoral.

  • Thank you, may Allah bless you and bless us all! – osceola Mar 26 at 18:27

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