Before Homosexuality in the Arab-Islamic World, 1500-1800 (56 page)

conceded that “kissing, fondling, and intercrural intercourse
(mufa

khadhah)
are minor sins (
sagha

ʾir
),” but added that they became major sins if done with the wife of a neighbor, illustrating the general principle that a minor sin, such as nonpenetrative sex, becomes a major sin in conjunction with another minor sin such as abusing the trust of a neighbor.
¹²⁴He went on to assert that looking with lust at a boy did not contravene the juridical status of being “of good character” (
ʿadl
), which made one eligible to be a witness in a court of law.
¹²⁵The Egyptian Ma

liki

scholar Muhammad al-Dasu

(d. 1815 made the same point: isolated instances of looking with lust at a woman or beardless boy did not disqualify one from being a witness in a court, though making a regular habit of it
(al-idma

n
) did. The principle applied in general to the antecedents of fornication—in other words to all nonpenetrative sexual acts
(wa hiya ma

ʿada

al-i

j.
¹²⁶Another Egyptian Ma

liki

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