Does Kissing and Other Intimate Acts without Intercourse Incur the Punishment of Death?

Answered by Mawlana Ilyas Patel


A brother is seeking advice on a problem he has encountered. He was physically intimate with his married aunt, and kissing and touching took place. However, there was no intercourse. What is the ruling on hadd punishment for this, or does it not apply because actual intercourse did not occur

Also, how would he seek forgiveness? Would he have to seek out the husband and restore any rights as a condition for repentance, or does this not apply in this scenario?


In the Name of Allah, the Most Merciful and Compassionate

I pray you are well.

There is no penal punishment (hadd) for such acts. However, one should repent (tawba), seek forgiveness from Allah Most High, and pray to Him that you have done wrong with someone else’s wife. Your realization is a step in the right direction; continually repent and seek forgiveness. Put everything behind you and have a good opinion of Allah Most High.

Khaythama (Allah be pleased with her) reported: Abdullah ibn Mas’ud (Allah be pleased with him) said, “By the One besides whom there is no god, a believing servant is not given anything better than good thoughts about Allah Most High. By the One besides whom there is no God, a servant does not improve his opinion of Allah Almighty except that Allah will give him what he assumes. That is because all good is in His hands.” [Ibn Abi al-Dunya, Ḥusn al-Dhan Billah]

Aim to lead a life of righteousness and obedience; Allah Most High will provide you with guidance and success. Continue turning to Allah Most High for relief and when you feel down about the past through asking Him for your needs and repenting.

How Does One Perform The Prayer Of Need (salat al-haja)?
Prayer of Repentance: Salat al-Tawba
Will Allah Accept My Supplications Despite My Sins?
Good Opinion – The Path of Muhammad: Birgivi’s Manual of Taqwa Explained

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I pray this helps with your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.