Q 4: What is your opinion on a person who claims that having illegitimate sexual intercourse with unmarried women is not prohibited, and that what is prohibited is having sex with married women, and that only the later is called Zina (sexual intercourse outside marriage)?

A: The person who claims so is Kafir (disbeliever), according to the Ijma` (consensus of scholars) of Muslims based on the general texts of the Qur'an and the Sunnah (whatever is reported from the Prophet) that explicitly prohibit both cases and call them Zina. They explained the punishment for these sins. Allah (Exalted be He) says: And come not near to unlawful sex. Verily, it is a Fâhishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to Hell unless Allâh forgives him). He also said: The fornicatress and the fornicator, flog each of them with a hundred stripes. The Prophet (peace be upon him) said: Receive (knowledge) from me, receive (knowledge) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. (Part No. 22; Page No. 238) If a married male commits adultery with a married female, they shall receive one hundred lashes and be stoned to death. Related by Ahmad Muslim and Ibn Majah. May Allah grant us success. May peace and blessings be upon our Prophet, his family and Companions.