What is the ruling of the Shari'ah concerning a young man and woman who performed all marital acts without penetration, and is this considered zina (fornication/adultery) that necessitates a prescribed punishment (hadd)? Does his marriage to her constitute expiation for his sin, and what is the method of his repentance?

For fornication (zina) to necessitate the prescribed punishment (hadd), it is a condition that the glans penis (hashafah) or its equivalent from a circumcised penis be inserted into the vagina. Ejaculation or erection is not a condition.

Preliminaries to fornication, such as touching and kissing, do not necessitate the hadd punishment for fornication. However, the one who commits them is subject to discretionary punishment (ta'zeer) and discipline for committing a forbidden act. The Shari'ah metaphorically called these acts "zina" because they lead to actual zina, as in the hadith: "The zina of the eyes is looking, and the zina of the tongue is speaking… and the private part confirms all of that or denies it."

The perpetrator of these acts must offer sincere repentance by desisting, regretting, resolving not to return to them, and abandoning their causes. Marriage to the girl with whom these preliminaries were committed is permissible if she repents, as repentance expiates the sin.

It is incorrect to say that intention is like action in punishment. If one intended an evil deed but did not act upon it, Allah records a complete good deed for him. If one intended and resolved upon it and strove to commit it but was unable, he is sinful and deserving of punishment in the Hereafter, like one who is keen on murder, drinking alcohol, or fornication but is then unable. However, worldly punishment, such as the hadd, is only for one who commits actual fornication.