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The question

Does what happened—kissing, hugging, and ejaculating with the fiancée while both were fully clothed, and her doubt about anything from his penis entering her vagina—constitute zina (unlawful sexual intercourse)?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

Reciting Al-Fatiha is not a condition for the validity of the marriage contract. Being alone with a non-mahram woman is forbidden, so what about kisses and embraces? Proposing does not permit being alone with the fiancée until the legitimate marriage contract is concluded. If the male organ penetrates the female organ, even if only the glans or its equivalent, it is considered zina (fornication/adultery) punishable by hadd, even if there is a barrier. However, if this penetration does not occur, it is not zina, but rather a prelude to zina. There is no hadd punishment for it, but rather a severe discretionary punishment (ta'zir). If there is doubt as to whether penetration occurred or not, this act does not take the ruling of zina, because certainty is not removed by doubt.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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