Petition to Conduct CBI Enquiry into Murder of Dr J A Mathan

Friday, 13 August 2010

Zina (Fornication and adultery): and Islamic laws!

Zina (الزنا‎ )

Zina in Islam is extramarital sex and premarital sex. Islamic law prescribes punishments for Muslim men and women for the act of Zina.

Islamic law considers this prohibition to be for the protection of men and women and for the respect of marriage. Zina is considered one of the great sins in Islam. In addition to the punishments rendered before death, sinners are punished severely after death, unless purged of their sins by a punishment according to shari'a law.

Verses 24-2,3 says: "The woman and the man guilty of adultery or fornication flog each of them with 100 stripes." “The adulterer shall not marry save an adultress, and the adultress shall not marry save an adulterer or an idolater. All that is forbidden unto believers.” Clearly the punishment is not lethal since the adulterers and adulteresses can marry subsequently.

The term zina signifies voluntary sexual intercourse between a man and a woman not married to one another, irrespective of whether one or both of them are married to other persons or not: hence, it does not - in contrast with the usage prevalent in most Western languages - differentiate between the concepts of "adultery" (i.e., sexual intercourse of a married man with a woman other than his wife, or of a married woman with a man other than her husband) and "fornication" (i.e., sexual intercourse between two unmarried persons).

Conditions
The accused, before the accusation, must be known as a practising Muslim.

There must be four Muslim witnesses to the incident or confessions from both of the accused persons.

The accused must possess common sense. The accused must be mentally sane.

The accused must be an adult.

The accused must have committed adultery of his/her own free will.

Additional fulfillment of the following requirements is necessary for an execution:
The accused must be free and not a slave.

The accused must be married (according to Islamic Law), and must have normal sexual relations with his/her spouse (and therefore have a legitimate means of satisfying his/her sexual desires) prior to committing adultery.

Punishment

Some believe that punishment for adultery according to the Qur'an is noted in Surah 24 (An-Núr), Verse 2:
The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.

Zinaa, in Arabic, means immorality, and is used with two meanings in shar': a general meaning and a specific meaning.

Islam does not give the name of zinaa only to that which carries the punishment, which is just one of many types of zinaa. "Allaah has decreed for every son of Adam his share of zinaa, and there is no way to escape from it.
The zinaa of the eye is a glance,
the zinaa of the tongue is speaking, and
the zinaa of the mind is wishing and hoping;
then the private part either acts upon this or it does not." (Reported by al-Bukhaari, 11/26; Muslim, 4/2046).

Zinaa is one of the forbidden deeds, one of the most serious major sins (kabaa'ir) after shirk and murder.

1 comment:

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