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Is Fornication A Crime Or Just A Sin
How has Islam classified Fornication a crime instead of it being just a sin considering:
1: It is happening with mutual consent,
2: No childbirth (if it’s a concern) happens.
As this does neither affect anyone’s rights nor it is a concern of attack on someone’s life, wealth, or repute since these are the only two basis on which a state can do legislation.
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8 Replies
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Is Fornication A Crime Or Just A Sin
updated 3 years, 1 month ago
3 Members
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8
Replies
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The basis of prohibition is not consent. The rest of the case was already explained in a lot of detail in the following thread:
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@faisalharoon shb thanks for the response and the link for my previous question. That is a very detailed discussion that I had been following however, here my question is about regarding this as a crime.
I completely understand the perspective of it being a sin and the rationale behind prohibition however, regarding anything a crime requires two conditions as mentioned in the question. Neither of the two conditions is applicable for out of wedlock contact with mutual consent. Neither there is any “haq-talafi” nor a concern to someone’s life, wealth, and honor. With the absence of these two reasoning, why it is regarded as a crime instead of just a sin. This still requires a bit clarification.
Maybe I missed any point answering this concern?
Thanks again.
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Here’s my take on your question:
it’s not a crime in that case.
it’s a sin only if it has resulted in some form of injustice even if it’s not something instant harm but bad in a long run.
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Here’s the link where Ghamidi shb shares that legislation can only be done based on these two reasoning (haq-talafi and attack on life,wealth, and honor).He also mentions (@30:27) that “Zina” causes “Haw-Talafi” which I am unable to comprehend if there’s no child birth taking place then how this is a “Haq-Talafi” of the child?
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Haq talafi is at the level of the society, as well as the child who might born out of such a relationship. This was explained in the thread I shared above.
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We do have an underlying condition of “no child birth happening”. That was the basis of the question. If there’s no childbirth then how can it even be classified as a Haq Talafi to the child? There is no child birth happening.
Regarding Haq Talafi to the society, the only thing I could relate to was sex addiction. I am unsure if that’s what you implied by “Haq Talafi to the society”?
Thank you.
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I’m not sure what you mean by no child birth happening. There are no 100% effective means of contraception. Even if such means were available, there’s no guarantee that every person will use it every time and use it properly. Laws are devised with collective behavior of people with focus on the ultimate goal, not for individual cases.
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Fair enough.
Lastly, you mentioned that this is also a Haq Talafi at the level of society – I couldn’t comprehend that part. How’s that Haq Talafi of a society?
Thanks
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