Latest / قناة الدعوة الإسلامية Islamic Teachings Gh / ZINAH ADULTERY FORNICATION IN ISLAMIC LAW

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ZINAH ADULTERY FORNICATION IN ISLAMIC LAW · قناة الدعوة الإسلامية Islamic Teachings Gh

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  Zin or zaina or is an Islamic legal term referring to unlawful
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  sexual intercourse one. According to traditional
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  jurisprudence, zena can include adultery 2/3 for fornication,
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  2/3 for prostitution 5, rape one, sodomy 26, homosexuality
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  76, incest 8-9 and bestiality 210.
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  Although classification of homosexual intercourse as Zena
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  differs according to legal school 11, the majority apply
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  the rules of Zinta homosexuality 12/13, mostly male homosexuality
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  14. Since the Islamic marital law
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  disallows same sex marriage, Zeena belongs to the category of
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  Haddad offenses sing HADD, which are offenses that are
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  specifically mentioned in the Quran, also known as claims of
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  God Hakal. Several verses of the Quran
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  prohibits xena, including 24 colon 2 which says it should be
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  punished with 100 lashes and so is endorsed by the hadith.
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  In the case where both parties were single and have never been
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  married earlier in their lives 15 However, on the basis of
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  hadith, the penalty for an offender who is mufsan adult,
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  free Muslim and married at least once is stoning to death.
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  Raj Zena must be proved by testimony of for Muslim
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  eyewitnesses to the actual act of penetration or a confession
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  repeated 4 times and not retracted later. 16-1 The
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  offenders must have acted of their own free will.
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  One rapists could be prosecuted under different legal categories
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  which use normal evidentiary rules. 17.
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  Making an accusation of Zena without presenting the required
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  eyewitnesses is called CAR DHF, which is itself a harder
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  defence. 18 There are very few recorded examples of the stoning
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  penalty for zin being implemented legally.
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  Prior to legal reforms introduced in several countries
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  during the 20th century, the procedural requirements for
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  proving the offense of ZIN to the standard necessary to impose
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  the stoning penalty were effectively impossible to meet.
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  119 Zena became a more pressing issue in modern times as
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  Islamist movements and governments employed polemics
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  against public immorality. 1 The Taliban have executed suspected
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  adeltresses using machine guns and zena has been used as
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  justifications for honour killings. 1 After Sharia based
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  criminal laws were widely replaced by European inspired
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  statutes in the modern era, in recent decades, several
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  countries passed legal reforms that incorporated elements of
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  huddled laws into their legal codes.
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  Many modern Islamists have also disregarded the condition of
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  strict evidence requirements. 20 In Nigeria, local courts have
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  passed several stoning sentences, all of which were
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  overturned on appeal or left unenforced. 21 In Pakistan, the
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  Hudud Ordinances of 1979 subsumed prosecution of rape
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  under the category of zena, making rape extremely difficult
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  to prove and exposing the victims to jail sentences for
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  admitting illicit intercourse forced upon them. 117 Although
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  these laws were amended in 2619 and again in 20/16/22 according
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  to human rights organizations, stoning for zina has also been
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  carried out in Saudi Arabia. 11 dot El Muslim scholars have
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  historically considered zina Haddad sin or crime against God.
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  23 It is mentioned in both Quran and in the hadiths. 24
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  Introduction and Definition The Quran deals with zina in several
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  places. 1st is the Qanic general rule that commands Muslims not
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  to commit zena colon nor come nigh to fornication adultery.
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  For it is a shameful deed and an evil opening the road to other
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  evils. In the hadiths, the definitions
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  of zena have been described as all the forms of sexual
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  intercourse, penetrative or non penetrative, outside the
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  institution, marriage or the institution of slavery. 26 Abu
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  Herrera reported Allah's Apostle as saying Allah has decreed for
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  every son of Adam his share of zena which he will inevitably
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  commit. The zena of the eyes is looking,
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  the zena of the tongue is speaking.
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  One may wish and desire and the private parts confirm that or
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  deny it. Adultery and Fornication Coran
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  Most of the rules related to fornication, adultery and false
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  accusations from a husband to his wife or from members of the
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  community to chased women can be found in Suratana the Light.
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  The Surah starts by giving very specific rules about punishment
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  for zena, the woman and the man guilty of zin for fornication or
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  adultery. Comma flog each of them with 100
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  stripes. Let not compassion move you in
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  their case in a matter prescribed by Allah, if you
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  believe in Allah and the Last Day and let a party of the
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  believers witness their punishment.
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  Kuran Surah 24 Anna ayat 227 And those who accuse chased women,
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  then do not bring for witnesses flog them giving 80 stripes and
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  do not admit any evidence from them ever.
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  And these it is that of the transgressors, except those who
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  repent after this and act a right.
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  For surely Allah is forgiving. Merciful Kiran Surah 24 Anna
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  ayat for 5/28. The public lashing and public
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  lethal stoning, punishment for fornication and adultery are
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  also prescribed in hadiths. The books most trusted in Islam
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  after Quran, particularly in Kitab al Haddad 2930.
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  Not specific enough to verify Yubada Beez as Summit reported.
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  Alas, Messenger as saying receive teaching from me.
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  Receive teaching from me. Allah has ordained a way for
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  those women. When an unmarried male commits
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  adultery with an unmarried female, they should receive 100
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  lashes and banishment for one year, and in case of married
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  male committing adultery with a married female, they shall
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  receive 100 lashes and be stoned to death.
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  With her. So she screamed and he left.
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  Then a man came across her and she said that man has done this
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  and that to me. Then she came across a group of
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  immigrants, Mahajarin, and she said that man did this and that
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  to me. They went to get the man she
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  thought had relations with her and they brought him to her.
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  She said yes, that's him. So they brought him to the
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  Messenger of Allah and when he ordered that he be stoned, the
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  man who had relations with her said, O Messenger of Allah, I am
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  the one who had relations with her.
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  So he said to her, go for Allah has forgiven you.
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  Then he said some nice words to the man who was brought and he
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  said to the man who had relations with her stone him.
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  Then he said he has repented A repentance that if the
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  inhabitants of Almadina had repented with it would have been
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  accepted from them. Malik related to me from Nafi
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  that a slave was in charge of the slaves in the Kumus and he
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  forced a slave girl among those slaves against her will and had
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  intercourse with her. Umar Ibn al Khattab had him
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  flogged and banished him and he did not flog the slave girl
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  because the slave had forced her.
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  Malik related to me from Ibn Shihab that gave a judgement
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  that the rapist had to pay the raped woman her bride price.
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  Yahaya said that he heard Malik say what is done in our
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  community about the man who rapes a woman, virgin or non
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  virgin, if she is free, is that he must pay the bride price of
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  the like of her. If she is a slave, he must pay
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  what he has diminished of her worth.
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  The HADD punishment in such cases is applied to the rapist
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  and there is no punishment applied to the raped woman.
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  If the rapist is a slave, that is against his master unless he
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  wishes to surrender him, if a confession or the four witnesses
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  required to prove are HADD crime are not available, but rape can
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  be proved by other means, the rapist is sentenced under the
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  Tarzer system of judicial discretion. 38 According to the
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  11th century Maliki jurist Ibn Abd al Barsad Smiley 38 the
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  scholars are unanimously agreed that the rapist is to be
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  subjected to the HADD punishment if there is clear evidence
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  against him that he deserves the HADD punishment or if he admits
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  to that. Otherwise, he is to be punished,
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  IE if there is no proof that the HADD punishment for Zena may be
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  carried out against him because he does not confess and there
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  are not for witnesses, then the judge may punish him and
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  stipulate A punishment that will deter him and others like him.
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  There is no punishment for the woman if it is true that he
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  forced her and overpowered her, which may be proven by her
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  screaming and shouting for help.