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I ejaculated inside but penis head was not fully inside(i.e not disappeared into the vagina) now hadd punishment is imposed or not?

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  • Was this fornicaion/adultery or not?
    – Mahir
    Mar 6, 2022 at 17:28
  • It was fornication..im 32 offer namaz but my parents is not making me married..so now i can't control my self..
    – Ali turn
    Mar 7, 2022 at 1:19
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    Instead of thinking about hadd punishment you should just repent very sincerely. Feel very much regret. Very few countries in the world nowadays impose hadd punishment.
    – Mahir
    Mar 7, 2022 at 10:16
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    Yes I'm repenting but i need to know does this is zina? because i didn't inserted my penis head fully (but ejaculated inside) and according to scholar zina is insertion of head fully.
    – Ali turn
    Mar 7, 2022 at 19:01
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1 Answer 1

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IslamQA said:

Firstly:

In the case of zina, the hadd punishment is conditional upon penetration, which means that the head of the penis disappears into the vagina. If it does not penetrate it or only part of it penetrates it, then he is not subject to the hadd punishment.

It says in al-Mawsoo’ah al-Fiqhiyyah (24/23), explaining the conditions of the hadd punishment for zina on which the fuqaha’ are agreed: There is no difference of opinion among the fuqaha’ that in order for the hadd punishment to be incurred, the head of the penis has to disappear into the vagina. If it does not enter it at all or only part of it enters, then there is no hadd punishment because that is not intercourse. There is no stipulation that ejaculation must take place or that the penis must be erect at the time of penetration. The hadd punishment must be carried out whether he ejaculated or not, and whether his penis was erect or not. End quote.

Secondly:

The things that lead to zina such as touching, kissing, and rubbing the private parts together without penetrating do not come under the ruling on zina, and the one who does them is not subject to the hadd punishment, rather he is to be punished and disciplined because he has done something that is haraam and plainly evil, and because these actions may lead him to commit true zina. Islam calls these actions zina, as in the hadeeth which was narrated by al-Bukhaari (6243) and Muslim (2657) from Abu Hurayrah (may Allaah be pleased with him) from the Prophet (peace and blessings of Allaah be upon him) who said: “Allaah has decreed for the son of Adam his share of zina which will inevitably catch up with him. The zina of the eye is looking and the zina of the tongue is speaking. The heart wishes and longs and the private part confirms that or denies it.”

This fatwa did not talk about ejaculation rather it talked about penetration. So penetration is the thing that matters. If the head of the male private part didn't disappear in the female private part then hadd punishment doesn't apply.

I hope this answers your question. Allah knows the best.

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