Zin ?? (??????) or zina (????? or ?????) is an Islamic legal term that refers to unlawful sexual intercourse. According to traditional jurisprudence, adultery can include adultery (from married parties), fornication (from unmarried parties), prostitution, bestiality, and rape. The classification of homosexual relationships as adultery differs according to law school. The Qur'an does not approve of promiscuity in force in Arabia at that time, and some verses refer to unlawful sexual intercourse, including one that governs the punishment of 100 lashes for the perpetrators. Four witnesses are required to prove the violation. Thus, Zina belongs to a class of criminals hadd (pl. hudud ) that has a punishment prescribed by the Koran.
Although stoning for adultery is not mentioned in the Qur'an, all traditional jurisprudence schools agree on the hadith that it should be punished by stoning if the perpetrator is muhsan (adult, free, Muslim, and married), with some extend this penalty for certain other cases and light sentences specified in other scenarios. Violators must act on their own free will. According to traditional jurisprudence, adultery should be proven by the testimony of four eyewitnesses to the actual act of penetration, or recognition that is repeated four times and not withdrawn later. Rape has traditionally been prosecuted under different legal categories that use normal proof rules. Making allegations of adultery without presenting necessary eyewitnesses is called qadhf (?????), which is a hadd crime.
Apart from "some rare and isolated examples" from the pre-modern era and some recent cases, there is no historical record of stoning for legal adultery. Zina became a more urgent issue in modern times, when Islamic movements and governments used a polemic against public immorality. During the Algerian Civil War, Islamic militants killed women suspected of having loose morals, the Taliban had executed adults suspected of using machine guns, and adultery had been used as a justification for honor killings. After sharia-based criminal law was replaced extensively by European-inspired laws in the modern era, in recent decades some countries have issued legal reforms that incorporate elements of hudud law into their rule of law. Iran witnessed several stonations published for adultery after the Islamic revolution. In Nigeria, the local court has passed several stoning sentences, all of which were canceled at the time of appeal or not enforced. In Pakistan, the 1979 Hudud Act included rape demands under the category of fornication, making rape very difficult to prove and expose the victims to jail for admitting to the forced dark ties them. Although the law was amended in 2006, they still obscure legal differences between rape and consensual sex. According to human rights organizations, stoning for adultery has also been committed in Saudi Arabia.
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Muslim scholars historically regard zin ?? hudud sin, or evil against God. Mentioned in the Qur'an and in the Hadith.
Qur'an
The Qur'an deals with zin ?? in some places. The first is the general rule of the Qur'an that instructs Muslims not to commit zin:
"It does not even approach fornication: it is a shameful and evil act, paving the way (for other crimes)."
Most of the rules relating to zin, adultery/adultery, and false accusations of a husband to his wife or from members of the community for holy women can be found in Surat an-Nur (Light). Sura begins by giving very specific rules about punishment for zinc:
"Women and sinners commit adultery/adultery, - whip each one with a hundred lines: Do not love moving you in their case, in the case of God, if you believe in God and the Last Day: and let a party of the believers witness their punishment. "
"And those who accuse the holy woman do not bring four witnesses, whipped them, (gave) eighty lines, and did not acknowledge any evidence of them ever; and this is the transgression. Unless those who repent after this and act Indeed, Allah is Forgiving, Merciful. "
Hadith
In the Hadith, the most reliable books in Islam after the Quran, the definition of Zina has been described as all forms of sexual, penetrative or non-penetrative, marriage outside the law.
Abu Huraira reported that Allah's Apostle said: "Allah has appointed for every son of Adam his part of adultery, which he will surely do, the eye of adultery saw, the adultery of the tongue speaking, which may be desired and desired, and the private part confirm it or reject it."
Public punches and stoning public stoning for adultery are also prescribed in Hadith, the most trusted books in Islam after the Quran, especially in Kitab Al-Hudud .
'Ubada b. as-Samit reported: The Messenger of Allah said: Receive my teachings, receive instruction from me. God has set the path for the women. When an unmarried man commits adultery with an unmarried woman, they must receive a hundred lashes and expulsions for a year. And in case a married man commits adultery with a married woman, they will receive a hundred lashes and be stoned to death.
The Messenger of Allah gave the punishment of stoning to death to married adulterers and adulterers and, after him, we also awarded stoning, I am afraid that with the passage of time people may forget it and may say: We do not find stoning in the Book of God, and thus getting lost by abandoning this task as determined by God. Rajam is the obligation set forth in the Book of God for married men and women who commit adultery when evidence is established, or if there is a pregnancy, or confession.
Ma'iz came to the Prophet and admitted to committing adultery four times in front of him so he ordered him to be stoned to death, but said to Hizbullah: If you have covered it with your clothes, it will be better for you.
Sahih al-Bukhari, the original source of the sunnah, has several entries referring to death by stoning. For example,
Narrated 'Aisha:' Utba bin Abi Waqqas said to his brother Sa'd bin Abi Waqqas, "The son of the Zam'a slave girl is from me, so take him to your custody." So in the year of Mecca Conquest, Sa'd took it and said. (This is) the son of my brother who was asked by my brother to put in my custody. "'Abd bin Zam'a stood before him and said, (He is) my brother and son of my father's slave girl, and was born in my father's bed." So they both filed their case before the Messenger of God. Sa'd said, "O Messenger of Allah! This boy is the son of my brother and he entrusted it to me." 'Abd bin Zam'a said, "This boy is my brother and the son of my father's slave girl, and was born in my father's bed." Allah's Apostle said, "The child is for you, O 'Abd bin Zam'a!" Then the Messenger of Allah further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam'a, "Veil (screen) itself before him," when he saw the child's likeness to 'Utba. The boy did not see him again until he met God.
Other collections of hadiths about adultery between men and women include:
- Rajam (Rajm) a Jewish man and woman for having committed illegal sexual intercourse.
- Umar al-Khattab asserts that there is a revelation stating that those who are muhsan (ie adults, free, Muslims who previously enjoyed a legitimate sexual relationship in marriage regardless of whether marriage still exists) and do unlawful sexual intercourse must be punished with stoning.
Rape and adultery
Some hadiths have been found related to rape in the time of Muhammad. The most popular submitted traditions given below show stoning procedures for rapists but no penalties and no requirement of four eyewitnesses for rape victims.
When a woman comes out in the days of the Prophet to pray, a man attacks her and takes over her (rape) herself. He shouted and he left, and when a man came, he said: That (man) did this and that to me. And when a company of emigrants came, he said: The man did this and that to me. They went and arrested the man they thought had been in contact with him and brought him to him. He said: Yes, this is it. Then they took him to the Messenger of Allah. When he (Prophet) will execute the punishment, the one who (actually) has attacked him stood up and said: Messenger of Allah, I am the one who did it for him. He (Prophet) said to him: Go away, because God has forgiven you. But he told him some good words (AbuDawud said: which means the confiscated ones), and from the man who had copulated with him, he said: Stone him to death. He also said: He has repented in such a way that if the Medinan people have repented in the same way, it will be received from them.
Hadith declares the rape of a free woman or a slave as adultery.
Scholar view
Malik linked me with Nafi that a slave was responsible for a slave in khumus and he forced a slave girl among the slaves to resist her desire and interact with her. Umar ibn al-Khattab told him to whip and drive him, and he did not whip the slave girl because the slave forced him.
Malik associated with me from Ibn Shihab who gave an assessment that the rapist should pay the woman who raped the price. Yahya said that he heard Malik say, "What is done in our community about a man who raped a woman, virgin or not virgin, if she is free, is that she should pay the price-bride like herself.If she is a slave, she must paying what he has deducted from its value, the punishment in such cases is applied to the rapist, and no penalty applies to the woman who is raped, if the rapist is a slave, it is against his master unless he wishes to hand it over. "
If a confession or four witnesses necessary to prove a crime of hadd is not available, but rape may be proven otherwise, the rapist is sentenced under the judicial system's ta'zir. According to Maliki jurists in the 11th century Ibn 'Abd al-Barr:
The scholars unanimously agreed that a rapist would be subject to a hadd penalty if there was clear evidence against him that he deserved the hadd penalty, or if he admitted it. Otherwise, he should be punished (ie, if there is no evidence that a hadd penalty for adultery can be committed against him because he does not confess, and there are no four witnesses, then the judge can punish him and set a punishment that would hinder him and others like him). There is no punishment for the woman if it is true that she forced her and mastered it, which can be proved by her shouting and shouting for help.
Homosexuality and adultery
The teachings of Islam (in the tradition of hadiths) presuppose the same kind of attraction, extol abstention and (in the Qur'an) condemning perfection. The Qur'an prohibits homosexual relationships, in Al-Nisa, Al-Araf (verses 7: 80-84, 11: 69-83, 29: 28-35 from the Qur'an using the story of the Lotites), and surah etc. For example,
We also send Lot: He said to his people: "Are you doing lewd acts like no one in creation (ever) done before you? Because you practice your desires on men who prefer women: you are indeed a transgressor. "
In another verse, many prophetic statements have also been shown,
Are you approaching men in the world and leaving what your God created for you as a couple? But you are the ones who go beyond the limits.
Some experts point out this verse as a punishment determined for homosexuality in the Qur'an:
"If two men are guilty of harm, their law is two, if they repent and change, leave them alone, for Allah is the Beneficent, the Most Merciful."
However, there is a different interpretation of the last verse in which the Qur'an refers to as "two of you". Pakistani expert Javed Ahmed Ghamidi sees it as a reference to premarital sexual intercourse between men and women. In his opinion, Ayat Sura Nisa previously related to prostitutes of that time. He believed these rulings were temporary and subsequently annulled when a state function was established and the public was ready for a permanent verdict, which came in Sura Nur, Verses 2 and 3, which set the whip as a punishment for adultery. He does not see the stoning penalty as a prescribed punishment, even for married men, and considers the Hadith is cited in favor of the view that to deal with rape or prostitution, where the strictest punishment under Islam is to spread "filz philosophical facade", meaning delinquency on the ground, referring to the terrible acts of rebellion against the rule of law has been done.
The hadith regards homosexuality as adultery, and male homosexuality is punished by death. For example, Abu Dawud states,
Abdullah ibn Abbas narrated: The Prophet said: If you find someone to do as many people do, kill the person who does it, and the person who does it.
Abdullah ibn Abbas narrated: If an unmarried man is arrested for sodomy, he will be stoned to death.
The discourse on homosexuality in Islam is primarily concerned with activities between men. However, there are some traditions that mention homosexual behavior in women; The jurists agree that "there is no punishment for lesbianism, because it is not adultery, but the penalty of ta'zeer must be imposed, because it is a sin.. '". Although the punishment for lesbianism is rarely mentioned in history, al-Tabari notes the example of the casual execution of a pair of lesbian slavegirls in the harem al-Hadi, in a collection of highly critical anecdotes relating to the caliph's acts as a ruler. Some jurists view sexual intercourse as possible only for an individual who has a phallus; Therefore, the definition of sexual intercourse depends on the entry of the corona phallus into the couple's hole. Since women have no phallus and can not relate to each other, they, in this interpretation, are physically incapable of doing zinc ?.
Maps Zina
Inclusion of zin ?? definition
Zin ?? including extramarital sex (between married Muslim men and married Muslim women who are not married to one another), and premarital sex (between unmarried Muslim men and unmarried Muslim women). In Islamic history, adultery also includes sex between Muslim men and non-Muslim female slaves, when the slave is not owned by the Muslim man.
Technically, zin ?? only refers to the act of penetration, while non-penetrative sex acts outside the marriage are censored by the Prophet as something that can cause zinc.
Sharia, in describing adultery, distinguishes between unmarried Muslims, a married Muslim ( Muhsan ) and a slave (Ma malakat aymanukum). The second should be stoned (rajm), while an unmarried Muslim and a slave must receive a public whip, and for a slave the whipping amount is half of an unmarried Muslim.
Process and indictment charges
Islam needs proof before a man or woman can be punished for zin ??. This is:
- A Muslim confesses to adultery four times apart. However, if the confession takes back his words before the sentence is enacted or during the sentence, he will be released and released. Confessors are actually encouraged to take back their recognition.
- Four adult males who are deemed righteous and never known to neglect religious duties or enjoy sins by testifying that they all simultaneously observe couples engaged in unlawful sexual intercourse without doubt or ambiguity. They can say that they see their private parts meet like Kohl's needle entering Kohl bottle.
- If the four witnesses retrieve their testimony before the actual punishment is enforced, then the punishment will be abandoned, and they (the witness) will be punished for the crime of false accusation.
- Witnesses are not permitted to postpone their testimony from the time of the incident until the moment of testifying. If they postpone testifying in court, punishment will not be enforced unless they are very far from the Imam then the delay is because they are traveling to the Imam.
If a pregnant woman confesses that her baby is born from an illegal relationship then she will be subject to confidence in an Islamic court. In cases where there are no witnesses and no acknowledgment, women will not receive punishment only because of pregnancy. Women can fall pregnant without sexual intercourse. A woman can be raped or forced. In this case, he is a victim and not a criminal. Therefore, he can not be punished or even accused of committing violations only on his powers to conceive.
The four requirements of witnesses for adultery, which apply in cases of allegations against men or women, are also expressed by the verses of the Qur'an 24:11 to 24:13 and various hadith. Some Muslim scholars claim that the requirement of four male eyewitnesses is to discuss adultery in public. There is disagreement among Islamic scholars about whether female eyewitnesses are acceptable witnesses in cases of adultery (for other crimes, sharia considers two female witnesses equivalent to a witness of one male). In Sunni Jurisprudence on Islam, Muslim women, children and non-Muslim witnesses of adultery are unacceptable.
Any non-consensual Muslim witness, or victim of non-consensual sexual intercourse, who accused an adulteress Muslim, but failed to produce four adults, a pious male witness (Tazikyah-al-shuhood) before him sharia courts, committing the crime of false allegations (Qi Qad), punished with eight lashes in public.
This requirement makes zina almost impossible to prove in practice. Apart from "some rare and isolated examples" from the pre-modern era and some recent cases, there is no historical record of stoning for legal adultery.
Some jurisprudence (Islamic jurisprudence schools) creates the principle of shubha (doubt), where there will be no indictment of adultery if a Muslim man claims he believes he has sex with a woman he married or with a woman he possessed slave.
Sunni Exercises
All schools of Sunni jurisprudence agree that zin ?? should be punished with deadly stoning if the offender is a married Muslim ( muhsan ). The penalty for adultery by a muhsan is a hundred lashes followed by stoning to death in public. Non-Muhsan (unmarried Muslims) are punished for adultery with a hundred lashes in public, but their lives are spared.
Maliki School of Islamic jurisprudence considers pregnancy as proof enough and automatic, unless there is evidence of rape. Other Sunni schools depend on early Islamic scholars who claim that the fetus can "sleep and stop growing for 5 years in the womb," and thus a previously married but now divorced woman may not commit adultery even if she gives baby many years after his divorce. They also argue that the woman may have been forced or coerced (see section above, 'Process and persecution of persecution') The position of modern Islamic scholars varies from country to country. For example, in Malaysia officially following Shafi'i fiqh, Sections 23 (2) through 23 (4) of the Sharia (Islamic) Sharia (Federal Territory) Laws 1997,
Section 23 (2) - Any woman who has sexual intercourse with a man who is not her legal husband will be guilty of a violation and shall be liable to a fine not exceeding five thousand ringgit or for imprisonment for a period not exceeding of three years or for whipping no more than six punches or combinations thereof.
Section 23 (3) - The fact that a pregnant woman is out of wedlock due to a sexual relationship committed with her consent will be b> prima facie evidence of a violation based on paragraph (2) by the woman. Section 23 (4) - For the purposes of paragraph (3), any woman who gives birth to a fully developed child within six months of the marriage of her marriage shall be deemed to have an unmarried pregnancy.
Minimum proof for zin ?? still a testimony of four male witnesses, even in the case of homosexual relationships.
The prosecution of an unmarried pregnancy as zin, and the prosecution of rape victims for the crime of adultery, has been the source of controversy around the world in recent years.
Shi'ite Practice
Again, minimal proof for zin ?? is the testimony of four male eyewitnesses. However, the Shi'a also permits the testimony of women, if there is at least one male witness, testifying along with the six women . All witnesses should see the action in its most intimate details, namely penetration (such as "missing stick in kohl container," as described by fiqh books). If their testimony did not meet the requirements, they could be sentenced to eighty lashes for unfounded accusations of fornication (kadhf). If the accused freely admits his offense, the confession must be repeated four times, just as in Sunni practice. The pregnancy of a single woman is also proof enough that she has committed adultery.
Controversy of human rights
The zin ?? and the legal rape of countries under Sharia law is the subject of global human rights debates.
Hundreds of women in Afghan prisons are victims of rape or domestic violence. It has been criticized as leading to "hundreds of incidents where a woman experiences rape, or gang rape, finally accused of zin?" and imprisoned.
In Pakistan, more than 200,000 cases of adultery against women, under Hudood law, are being processed at various levels in Pakistan's legal system in 2005. In addition to the thousands of women in prison awaiting trial for allegations of adultery, there is a severe reluctance. even reporting rape because the victim is afraid of being charged with adultery.
Iran has tried many adultery cases, and forced stoning to death against those accused between 2001 and 2010.
The Zina Code is one of many items of secularisation renewal and debate related to Islam. At the beginning of the 20th century, under the influence of the colonial era, many criminal laws and criminal justice systems were reformed from Sharia in parts of Muslim majority in the world. By contrast, in the second half of the 20th century, after independence respectively, the government from Pakistan to Morocco, Malaysia to Iran had returned to Shari'a with a traditional interpretation of the sacred texts of Islam. The law of Zina and hudud has been re-enforced and enforced.
Contemporary human rights activists call this a new phase in gender politics in Islam, the battle between the forces of traditionalism and modernism in the Muslim world, and the use of Islamic religious texts through state law to impose sanctions and practice gender-based violence..
In contrast to human rights activists, Islamic scholars and Islamic political parties consider the argument of 'universal human rights' as the imposition of non-Muslim cultures on Muslims, disrespecting customary cultural practices and sexual codes that are central to Islam. The law of Zina is included in hudud - seen as a crime against God; Islamists refer to these pressures and proposals to reform adultery and other laws as 'contrary to Islam'. Efforts by international human rights to reform religious law and Islamic codes have become an Islamic rally platform during political campaigns.
See also
- Islamic criminal jurisprudence
- Islamic sexual jurisprudence
- Namus
- Marriage mut'ah
- Marriage urf
- Ma malakat aymanukum dan seks
- Rajm
- Repentance in Islam
- Sex and law
References
- DeLong-Bas, Natana J. (2004). Wahhabi Islam: From Awakening and Reform to Global Jihad (First Edition). New York: Oxford University Press, USA. ISBN: 0-19-516991-3.
Further reading
- Calder, Norman, Colin Imber, and R. Gleave. Jurisprudence of Islam in the Classical Era . Cambridge, U.K.: Cambridge UP, 2010.
- Johnson, Toni, and Lauren Vriens, "Islam: Governance under the Shariah.", Council on Foreign Relations. Council on Foreign Relations, Inc., October 24, 2011. Web. November 19, 2011.
- Karamah: Muslim Women Lawyers for Human Rights, "Zina, Rape, and Islamic Law: Analysis of Islamic Laws on Rape Law in Pakistan." November 26, 2011.
- Khan, Shahnaz. "Finding a Feminist Voice: A Debate on the Zina Ordinance." Feminist Study 30.3 (2004): 660-685. Full Academic Search. Web. November 28, 2011.
- McAuliffe, Jane Dammen. The Cambridge Companion to the Qur '? N. Cambridge, UK: Cambridge UP, 2006
- Peters, R. "Zin? or Zin ?? (a.)." Islamic Encyclopedia, Second Edition. Edited by: P. Bearman;, Th. Bianquis;, C.E. Bosworth;, E. van Donzel; and W.P. Heinrichs. Brill, 2011. Brill Online. TEXAS UNIVERSITY IN AUSTIN. November 17, 2011
- Peters, R. "Islamization of the penal law: Comparative analysis", in WI, xxxiv (1994), 246-74.
- Quraishi, Asifa. "Analysis of Islamic Law over Zina's Penalty from Bariya Ibrahim Magazu, Zamfara, Nigeria." Muslim League of Women. League of Muslim Women, January 20, 2001
External links
- Prosecution of Zina in Katsina State, Processes and Considerations of North Nigeria in Amina's Law Case (2002)
- Sharia Law
- False Accusations under Islamic Law
- Articles and Opinions: Muslim Americans need to speak out against the violation of Sharia (Asma Society) law
- Understanding Islamic Law: From Classical to Contemporary - Zina Chapter , p. 43, in Google Books, Hisham M. Ramadan
- Afghanistan: Women's Jail Incarcerated for Moral Crime 'Zina in Afghanistan, Human Rights Watch (21 May 2013)
- Mukhtar Mai - history of rape, Pakistan, BBC News
- The fate of another kingdom found guilty of adultery Zina in Saudi Arabia, The Independent (2009), England
Source of the article : Wikipedia
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