One Ummah Network
Wed, 26 Jul 2000 18:15:37 -0700
Submission by: Athiya Maulvi <[EMAIL PROTECTED]>
Topic: Zina
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Text:
BismillahirRahmanirRahim
AssalamuAlaikum
DEFINITION OF ZINA:
Zina means sexual intercourse between a man and woman not married to each
other.
It is immaterial whether one or both parties have their own spouses living
or are unmarried. It is also immaterial whether it is with the consent of
the parties. The word Zina applies to adultery, fornication, as well as
rape.
ZINA - A MAJOR SIN:
"Nor come nigh to Zina: for it is a shameful (deed) And an evil, opening
the road (to other evils)" (17:32)
The Prophet (S) said:
'There is no sin after associationism greater in the eyes of Allah than a
drop of semen which a man places in the womb which is not lawful for him.'
(Bukhari)
Narrated Abu Huraira (RA). Allah's Apostle (S) said:
'when an adulterer commits illegal sexual intercourse, then he is not a
believer at the time he is doing it;…' (Bukhari)
Islam is very strict in prohibiting zina, for it leads to confusion of
lineage, child abuse, the breaking-up of families, bitterness in
relationships, the spread of veneral diseases…
Zina is a major sin in Islam and is a legally punishable offence.
AHADITH – TWO INSTANCES FROM PROPHET (S)'S TIME:
1. The Case of Ma'iz b Malik – (Muslim 4205) (Abridged)
"Salaiman b Buraida reported on the authority of his father that Ma'iz b
Malik came to Allah's Apostle (S) and said to him:
Messenger of Allah (S), purify me, whereupon the Prophet (S) said: Woe be
upon you, go back, ask forgiveness of Allah and turn to Him in repentance.
Ma'iz went away not far, then came back to the Prophet (S) repeating the
same request and the Prophet (S) again advised him to the same thing.
When it was the fourth time, Messenger of Allah (S) said: from what am I to
purify you?
He said: From adultery.
The Prophet (S) asked if he had been mad.
He (S) was informed that he was not mad.
He said: Has he drunk wine?
A person stood up and smelt his (Ma'iz's) breath but noticed no smell of
wine.
Thereupon Prophet (S) said: have you committed adultery?
Ma'iz said: Yes.
He (S) made pronouncement about Ma'iz and Ma'iz was stoned to death…
Messenger of Allah (S) said: Ma'iz has made such a repentance that if that
were to be divided among a people, it would have been enough for all of
them."
2. The Case of the Ghamidi woman – (Muslim 4206)
"'Abdullah b. Buraida reported on the authority of his father: There came
to the Prophet (S) a woman from Ghamid and said:
Allah's Messenger (S), I have committed adultery, so purify me. He turned
her away.
On the following day she said: Allah's Messenger (S), why do you turn me
away? Perhaps you turn me away as you turned away Ma'iz. By Allah, I have
become pregnant.
He (S) said: well, if you insist upon it, then go away until you give birth
to (the child).
When she was delivered she came with the child (wrapped) in a rag and said:
Here is the child whom I have given birth to.
He (S) said: Go away and suckle him until you wean him.
When she had weaned him, she came to the Prophet (S) with the child who was
holding a piece of bread in his hand. She said: Allah's Apostle, here is he
as I have weaned him and he eats food.
Prophet (S) entrusted the child to one of the Muslims and then pronounced
punishment. And she was put in a ditch up to her chest and he commanded the
people and they stoned her. Khalid b Walid came forward with a stone which
he flung at her head, and there spurted blood on the face of Khalid and so
he abused her.
Allah's Apostle (S) heard Khalid's curse.
Thereupon he (S) said: Khalid, be gentle. By Him in Whose Hand is my life,
she has made such a repentance that even it a wrongful tax collector were
to repent, he would have been forgiven.
Then giving command regarding her, he prayed over her and she was buried."
Various versions of these are Ahadith are found in Bukhari, Muslim, Abu
Dawud etc.
In the light of these two Ahadith, we will now take a brief look at:
I. Proof required to establish Zina
II. Prescribed punishment
III. Persons who should not be punished
IV. Best way to award the punishment
V. Status of the offender after punishment
VI. Lesser forms of Zina (kissing, embracing, etc.)
I. PROOF REQUIRED TO ESTABLISH ZINA
Zina can be established by any one of these four ways:
1. Four eye witnesses
2. Confessions
3. Circumstantial evidence
4. Li'ann
1. Four eye witnesses
Four eyewitnesses are required who must have seen the man and woman in the
actual act.
Three witnesses are not enough.
If even one of the four witnesses falters during cross-questioning all four
are to be punished with 80 lashes each for falsehood.
2. Confessions
Sometimes the offenders may confess that they have committed Zina.
If one of them admits and the other denies it, the judge is to remind
him/her of the punishment of the Hereafter, which is much more painful. The
judgement will be: punishment for the one who admitted and the other is
given the benefit of doubt and acquitted.
3. Circumstantial evidence
Like, if a woman is found pregnant who:
Is unmarried, then people are to investigate into the matter whether she
committed Zina willingly or by force.
Or is married to a man whose male organ is excised, then they are also to
find the causes of pregnancy
Or gave birth to a child with in less than six months from the day her
husband first slept with her
1. Li'aan (Qur'an 24 : 6-9)
That's when a married person accuses his/her spouse of Zina.
The Qur'anic verses here are self explanatory:
"And for those who launch a charge against their spouses, and have (in
support) no evidence but their own - Their solitary evidence (can be
received) if they bear witness four times (with an oath) by Allah that they
are solemnly telling the truth;
And the fifth (oath) (should be) that they solemnly invoke the curse of
Allah on themselves if they tell a lie.
But it would avert the punishment from the wife, if she bears witness four
times (with an oath) by Allah that (her husband) is telling a lie;
And the fifth (oath) should be that she solemnly invokes the wrath of Allah
on herself if (her accuser) is telling the truth."
II. PRESCRIBED PUNISHMENT
The Prophet (S):
'take from me accept from me, undoubtedly Allah has now shown path for them
(adulterers). For unmarried persons (guilty of fornication), the punishment
is one hundred lashes and an exile for one year. For married adulterers, it
is one hundred lashes and stoning to death." (Bukhari)
The above Hadith shows that if the offender is not married, he should be
given 100 lashes and should be exiled away from his home for a period of
one year. If the offender is married, he should be given 100 lashes and
should also be stoned to death. But some jurists are of the view that an
offender is going to be stoned to death, there is no need to punish him
with 100 lashes as the Prophet (S) stoned to death Ma'iz b Malik and
Ghamidi woman.
III. PERSONS WHO SHOULD NOT BE PUNISHED
When the sin of zina has been established against a person the judge can
only pronounce the punishment after making certain:
a. That the offender is sane
b. He/she is a Muslim
c. He/she has reached the age of puberty
d. He/she was not forced
e. He/she is physically fit
II. BEST WAY TO AWARD THE PUNISHMENT
>From Sahih Muslim 4225
How and what manner the punishment of flogging is to be awarded has been
made clear in Islam. We give below some of the details:
a. Flogging should be such that as does not inflect wounds on the body
beneath the skin
b. The strip or flog should neither be too heavy or hard nor too weak or
delicate.
c. The executioner should strike neither with full force nor so lightly as
not to do any harm to the offender. The beating should be given on the
whole body except face, private parts and head.
d. The man should be made to stand whole flogging and the woman should be
made to sit. In case of a woman, her clothes are to be tied around her so
that no part of her body is exposed.
e. The flogging should be avoided at the times of intense heat or extreme
cold. One should be flogged in the sunshine during the winter season and in
shade during the hot hours of the summer season.
f. It is not proper to flog on bare back after having tied the offender to
the stake.
g. It is permissible to distribute the flogging on some days keeping in
view the physical condition of the criminal, but it is preferable to award
punishment at one time.
h. Flogging should not be done by a cruel executioner but by scholars who
are well versed is Islamic Law so that they should award punishment
according to the letter and spirit of the Law.
i. If the offender is sick and he is likely to recover, then the flogging
should be postponed till his recovery, but if the Qadi finds his illness
incurable, then a bunch of one hundred straw should be struck on his body
and thus relieved of the burden of the prescribed punishment.
j. The punishment to a woman is to be awarded when the baby in her lap is
weaned
II. STATUS OF THE OFFENDER AFTER PUNISHMENT
>From Sahih Muslim 4207 (Abridged)
'Imran b Husain reported that a woman from Juhaina came to Allah's Apostle
(S) and she had become pregnant because of adultery.
The Prophet (S) called her master and said: treat her well and when she
delivers bring her to me. He did accordingly and Prophet (S) pronounced
judgement about and she was stoned to death.
He the prayed over her body. Thereupon 'Umar said: Allah's Apostle, you
offer prayer over her, whereas she had committed adultery!
The Prophet (S) said: she has made such repentance that if it were to be
divided among seventy men of Medina, it would have been enough. Have you
found any repentance better than this that she sacrificed her life for
Allah?
III. LESSER FORMS OF ZINA (kissing, embracing, etc.)
>From Sahih Abu Dawud 4453 (Abridged)
'Abd Allah b Masud said: A man came to the Prophet (S) and said: I
contacted directly a woman at the farthest part of the city and I did with
her everything except sexual intercourse. So here I am; inflict any
punishment you wish. Thereupon Umar said: Allah has concealed your fault;
it would have been better if you also had concealed it yourself. The
Prophet (S) sent a man after him and called him. He recited the verse:
"And establish regular prayers at the two ends of the day and at the
approaches of the night…" up to the end of the verse.
A man from the people got up and asked: is it peculiar to him, Prophet (S),
or for the people in general?
He replied: it is for all the people.
--------------------------------------------
REFERENCES:
The Qur'an
Al Bukhari
Muslim
Abu Dawud
Al-Halal wal Haram fil Islam – Yosuf al-Qardawi
Woman in Islam – Said Abdullah Seif-Al-Hatimy
The Shari'ah – Abdur Rahman I. Doi
---------------------------------------------
In the case of the Ghamidi Woman we note that the Prophet (S) had at first
turned her away after she had confessed her sin. This gave her ample time
to change their mind about undergoing the punishment.
If she had chosen she could have never gone back to the Prophet (S) and
could have escaped. The Prophet (S) gave her the choice.
Since she was not incarcerated (jailed) or being 'watched' by anyone she
could as well have escaped the punishment if she chose to after she had
delivered her baby… and again after she had finished weaning her child
she had an opportunity.
But she always CHOSE to be punished.
Prophet (S) had left her many openings for escape…
Our Mawlana (Qur'an teacher) tells us:
from the Prophet's (S) liberal treatment of the offenders, we should infer
that if we know of people who have indulged in Zina and are afraid to face
the penalty we should ask them to sincerely seek Allah's forgiveness
reminding them of His Mercy.
We should ourselves forgive them and give them full support, helping them,
if needed, morally, spiritually, financially…
If we are merciful and hide peoples' faults, Insha Allah, Allah will be
merciful to us and hide our faults on the Day of Judgement.
But it is unacceptable to shamelessly and repeatedly indulge in any form or
Minor or Major Sins.
If you find that any issue under the topic (Zina) has been missed out, or
that I have said something wrong somewhere, do let me know.
Allah Knows Best
Was Salaam
Athiya
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