What is the punishment for unlawful Non-penetrative sex?

Question

Assalamu aleykum! I wanted to know what's the ruling (hukm) of some sexual actions. Didn't find any straight answers in the internet. Note that I'm asking it only for the sake of the knowledge and from the judje (qadi) point of view, like what punishment he can give for these actions. Obviously, we all know that sexual intercourse between man and woman who are not married is a sin and can be punished depending of the situation, there are clear rulings on that. But in the modern world there are much "possibilities" to get a pleasure without commiting direct intecourse. For example, there are things like erotic massage and e.t.c. So many other possible situations come to the agenda, and I'm sure they accure in the countries that are oficially islamic (for example some arab countries), so let's not act like people/judges there don't need to know what is the ruling if these type of situation occur.

Obviously, if we're talking from a religious point of view, from sincere believe point of view, it's all haram and zina, but as I said, we're talking from fiqh point of view, from official rules on such situations, because as I said, there are no straight answers to these questions, and many muslims may be deluded in these questions. Remember that “Indeed Allah is not ashamed of the truth”, no need to try to hide answers to these questions to private answers and e.t.c.

So let's get straight to the questions, my general questions to these situations are what the punishment can be (and obviously I'm talking about punishment for both sides, just asking for one side to shorten questions) and how sinful it's considered (i.e. it's close to zina, or lesser sin than zina and e.t.c.):

1. What's the ruling if a woman does a 'handjob' for a man she's not married? And vice versa.
2. What's the ruling if a woman does a 'feetjob' for a man she's not married?
3. What's the ruling if a woman does a 'blowjob' for a man she's not married?
4. What's the ruling if a woman does a 'bo' for a man she's not married?
5. What's the ruling on a "intercrural sex" i.e. thigh job?

I'm not asking about anal sex, because there are clear answers on the internet that it's considered zina. And all questions can be related to both situations: when people commiting it weren't married yet (i.e. they're not 'muhsan') and when at least one of them is 'muhasan' (i.e. was married or married now). And remember that these questions are all for the sake of knowledge and transparency, because the modern world requires that. Obviously there might be different opinions, but it's better than no clear opinion, so just add your sources and it will be better than nothing. Thanks in advance!

Answer 1

Ruling:

All of these acts are haram unless it is done between a husband and wife or between a master and his slave concubine. That is because they fall under the meaning of the following verses:

والذين هم لفروجهم حافظون إلا على أزواجهم أو ما ملكت أيمانهم فإنهم غير ملومين فمن ابتغى وراء ذلك فأولئك هم العادون

And they who guard their private parts. Except from their wives or those their right hands possess, for indeed, they will not be blamed. But whoever seeks beyond that, then those are the transgressors.

^{— Quran 23:5-7}

قل للمؤمنين يغضوا من أبصارهم ويحفظوا فروجهم ... وقل للمؤمنات يغضضن من أبصارهن ويحفظن فروجهن

Tell the believing men to reduce their vision and guard their private parts ... And tell the believing women to reduce their vision and guard their private parts

^{— Quran 24:30-31}

As in the sexual acts one of the parties is exposing (and hence not guarding) their private parts. While the other person is touching that private part - when even looking with the eyes is forbidden then it is understood that touching is worse than that.

These acts can also be considered a type of Zina, as per the hadith:

فالعينان زناهما النظر ، والأذنان زناهما الاستماع ، واللسان زناه الكلام ، واليد زناها البطش

The Zina of the eyes is looking, the Zina of the ears is listening, the Zina of the tongue is speaking, the Zina of the hands is touching

^{— Muslim}

Punishment:

All of these acts will not get the Hadd punishment of Zina (100 lashes or stoning to death). That is because there is consensus that a precondition for applying the Hadd is that the penis must enter the vagina. This is also apparent from the ahadith where the Prophet verified this condition before enforcing the Hadd:

لما أتى ماعز بن مالك النبي صلى الله عليه وسلم قال له ‏ لعلك قبلت أو غمزت أو نظرت . قال لا يا رسول الله‏.‏ قال ‏ أنكتها . لا يكني‏.‏ قال فعند ذلك أمر برجمه

The Prophet (ﷺ) said to Ma'iz ibn Malik: Perhaps you kissed, or squeezed, or looked. He said: No. He then said: Did you have intercourse with her? He said: Yes. On the (reply) he (the Prophet) gave order that he should be stoned to death.

^{— Bukhari , Abu Dawud}

قال حتى غاب ذلك منك في ذلك منها ‏ قال نعم ‏ قال كما يغيب المرود في المكحلة والرشاء في البئر ... فأمر به فرجم

Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes ... So He gave orders regarding him and he was stoned to death.

^{— Abu Dawud}

All of these acts will earn a Ta'zir punishment. That is because we have been commanded to prevent wrongdoing (e.g. see Quran 22:41 and the hadith on changing wrongdoing with one's hand). Enforcing punishments is a way to accomplish that via deterrence. Ta'zir punishments are not fixed, it is left upon the rulers to enforce a suitable penalty on a case by case basis. They can for example use verbal reprimand, social boycott, fines, flogging, exile, imprisonment etc.

ومن وطئ أجنبية فيما دون الفرج يعزر

If a man has intercourse with an unlawful woman in other than the vagina, he is to be subjected to a ta‘zīr punishment

^{— al-Binaayah Sharh al-Hidaayah}