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Fatwa CenterIntercourse with Non-Mahram Women Is Forbidden
Question
I read in the medicine of the Prophet (Sallallahu Alaihi wa Sallam), by $Ibn Qayyim Al-Jawziyya$$. That sexual intercourse is allowed with a foreign woman under conditions. What is the authenticity of this?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
Ibn Al-Qayyim 
never said what is reported in your question and it is not in the mentioned book. In fact, having sex with a non-Mahram woman (i.e. with other than the wife) is strictly prohibited and no scholar of Islam has ever permitted it conditionally or unconditionally. Perhaps, the translator did not translate accurately the chapter our dear brother might have read. Imam Ibn Al-Qayyim says in the mentioned book: “The harmful sexual intercourse is of two kinds: harmful because it contradicts the Sharee’ah and harmful naturally.” Then he divided the harmful intercourse because of its contradiction to the Sharee’ah rules into two kinds:
Temporary and incumbent. The temporary harmful intercourse is like the one that is done while in the state of Ihram. And the incumbent harmful intercourse is of two kinds. A kind that can never become lawful such as having intercourse with a Mahram woman because it is impossible to marry her in the first place. The second kind he explained it saying: “Sexual intercourse that can become lawful like having sex with a non-Mahram woman. If this woman is already married, having sex with her means an infringement upon two rights: the right of Allah and that of her husband. If she is raped, then three rights are violated. If she has a family and some relatives, they are dishonored, hence four rights are violated…” So, what Imam Ibn Al-Qayyim meant is that among the harmful intercourse is having sexual intercourse with a non-Mahram woman who could have been lawful through marriage. Perhaps the translator did not fully understand this meaning, then there was some confusion over the meaning.
Allah knows best.
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