Zina

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 . Islamic law prescribes stoning as the punishment for adultery committed by a married person, while the punishment for an unmarried adulterer is eighty lashes . The source for the punishment of an unmarried adulterer is the Quran, while the sources for the punishment of the married adulterer is found in the ahadith . 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). Qur'an 24 :2 Qur'an 17:32 Islam Question and Answer - The reasons for capital punishment in Islam

Political Islamic leadership Caliphate Majlis-ash-Shura Imamate Wilayat al-faqih Bay'ah Dhimmi Aman Family Criminal Etiquette Adab Gender segregation ( Purdah ) Mahram Honorifics Toilet Economic Hygiene Military Jihad Ghanimah Hudna Istijarah (asylum) Prisoners of war Social Haqq al-Nas ( The right(s) of the people ) Islamic studies v t e Zināʾ (زِنَاء) or zina (زِنًى or زِنًا) is an Islamic law concerning unlawful sexual relations between Muslims who are not married to one another through a Nikah . It includes extramarital sex and premarital sex , such as adultery (consensual sexual relations outside marriage), fornication (consensual sexual intercourse between two unmarried persons), and homosexuality (consensual sexual relations between same-sex partners ). Traditionally, a married or unmarried Muslim male could have sex outside marriage with a non-Muslim slave, with or without her consent, and such sex was not considered zina. In the four schools of Sunni fiqh (Islamic jurisprudence), and the two schools of Shi'a fiqh, the term zināʾ is a sin of sexual intercourse that is not allowed by Sharia (Islamic law) and classed as a hudud crime (class of Islamic punishments that are fixed for certain crimes that are considered to be "claims of God"). To prove an act of zina, a qadi (religious judge) in a sharia court relies on an unmarried woman's pregnancy, the confession in the name of Allah, or four witnesses to the actual act of penetration. The last two types of prosecutions are uncommon; most prosecuted cases of zina in the history of Islam have been pregnant unmarried women. In some schools of Islamic law, a pregnant woman accused of zina who denies sex was consensual must prove she was raped with four eyewitnesses testifying before the court. This has led to many cases where rape victims have been punished for zina. Pressing charges of zina without required eyewitnesses is considered slander (Qadhf, القذف) in Islam, itself a hudud crime. Zina the unIslamic act, is not to be confused with 'Zina' or 'Zeina' (زينة), the woman's name. The name has a different linguistic root, a different meaning ("guest, stranger"), is pronounced differently (either Zīnah or Zaynah), and is usually spelled differently. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts, SUR-Int'l Journal on Human Rights, 8(15), pp 7-33 M. Marriage and slavery in early Islam . Quote: Sexual intercourse with one's own slave girl continued to be legitimate until recently in most Islamic societies. Slave ownership should not be confused with slave marriage. Slave marriage involves marriage of a slave with another person, with the permission of the slave master. Marriage is not necessary between a male slave owner and his female slaves. His ownership entitles him to a right of intercourse. Tamadonfar (2001), Islam, law, and political control in contemporary Iran, Journal for the Scientific Study of Religion , 40(2): 205-220 A. Crime and Punishment in Islamic Law: : Theory and Practice from the Sixteenth to the Twenty-First Century .

Adultery in Islam Political Islamic leadership Caliphate Majlis-ash-Shura Imamate Wilayat al-faqih Bay'ah Dhimmi Aman Family Criminal Etiquette Adab Gender segregation ( Purdah ) Mahram Honorifics Toilet Economic Hygiene Military Jihad Ghanimah Hudna Istijarah (asylum) Prisoners of war Social Haqq al-Nas ( The right(s) of the people ) Islamic studies v t e Zināʾ ( زِنَاء ) or zina ( زِنًى or زِنًا ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence , zina can include adultery (of married parties), fornication (of unmarried parties), prostitution , rape , sodomy , homosexuality , incest , and bestiality . Although classification of homosexual intercourse as zina differs according to legal school , the majority apply the rules of zinā to homosexuality, mostly male homosexuality . The Quran disapproved of the promiscuity prevailing in Arabia at the time, and several verses refer to unlawful sexual intercourse, including one that prescribes the punishment of 100 lashes for fornicators. Four witnesses are required to prove the offense. Zina thus belongs to the class of hadd (pl. hudud ) crimes which have Quranically specified punishments. Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis of hadith that it is to be punished by stoning if the offender is muhsan (adult, free, Muslim, and having been married), with some extending this punishment to certain other cases and milder punishment prescribed in other scenarios. The offenders must have acted of their own free will. According to traditional jurisprudence, zina must be proved by testimony of four eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later. Rape was traditionally prosecuted under different legal categories which used normal evidentiary rules. Making an accusation of zina without presenting the required eyewitnesses is called qadhf ( القذف ), which is itself a hadd crime. Aside from "a few rare and isolated" instances from the pre-modern era and several recent cases, there is no historical record of stoning for zina being legally carried out. Zina became a more pressing issue in modern times, as Islamist movements and governments employed polemics against public immorality. During the Algerian Civil War , Islamist insurgents assassinated women suspected of loose morals, the Taliban have executed suspected adultresses using machine guns, and zina has been used as justification for honor killings . After sharia-based criminal laws were widely replaced by European-inspired statutes in the modern era, in recent decades several countries passed legal reforms that incorporated elements of hudud laws into their legal codes. Iran witnessed several highly publicized stonings for zina in the aftermath of the Islamic revolution . In Nigeria, local courts have passed several stoning sentences, all of which were overturned on appeal or left unenforced. In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina, making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse forced upon them. Although these laws were amended in 2006, they still blur the legal distinction between rape and consensual sex. According to human rights organizations, stoning for zina has also been carried out in Saudi Arabia. The Oxford Encyclopedia of the Islamic World . A Taste of Honey: Sexuality and Erotology in Islam . Islam and Homosexuality (1st ed.). Law relating to fornication (Zina) in the Islamic legal system: a comparative study . Encyclopaedia of Islam (2nd ed.). Gender, sexuality and the criminal laws in the Middle East and North Africa: a comparative study . Crime and Punishment in Islamic Law: : Theory and Practice from the Sixteenth to the Twenty-First Century . The Oxford Encyclopedia of Islam and Women . In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics .

Islamic legal term referring to unlawful sexual intercourse This article is about unlawful sexual intercourse in Islam. Political Islamic leadership Caliphate Majlis-ash-Shura Imamate Wilayat al-faqih Bay'ah Dhimmi Aman Family Criminal Etiquette Adab Gender segregation ( Purdah ) Mahram Honorifics Toilet Economic Hygiene Military Jihad Ghanimah Hudna Istijarah (asylum) Prisoners of war Social Haqq al-Nas ( The right(s) of the people ) Islamic studies v t e Zināʾ ( زِنَاء ) or zinā ( زِنًى or زِنًا ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence , zina can include adultery , fornication , prostitution , rape , sodomy , incest , and bestiality . Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules. Making an accusation of zina without presenting the required eyewitnesses is called qadhf ( القذف ), which is itself a hudud offense. There are very few recorded examples of the stoning penalty for zinā being implemented legally. Prior to legal reforms introduced in several countries during the 20th century, the procedural requirements for proving the offense of zinā to the standard necessary to impose the stoning penalty were effectively impossible to meet. Zina became a more pressing issue in modern times, as Islamist movements and governments employed polemics against public immorality. In recent decades several countries passed legal reforms that incorporated elements of hudud laws into their legal codes, and many modern Islamists have also disregarded the condition of strict evidence requirements. In Nigeria, local courts have passed several stoning sentences, all of which were overturned on appeal or left unenforced. In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina , making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse forced upon them, although these laws were amended in 2006, and again in 2016. According to human rights organizations, stoning to death for zina has also been carried out in Saudi Arabia. The Oxford Encyclopedia of the Islamic World . A Taste of Honey: Sexuality and Erotology in Islam . Islam and Homosexuality (1st ed.). Law relating to fornication (Zina) in the Islamic legal system: a comparative study . Crime and Punishment in Islamic Law: : Theory and Practice from the Sixteenth to the Twenty-First Century . The Oxford Encyclopedia of Islam and Women . In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics . The New York Times . Encyclopaedia of Islam (2nd ed.).

Islamic legal term referring to unlawful sexual intercourse This article is about unlawful sexual intercourse in Islam. Political Islamic leadership Caliphate Majlis-ash-Shura Imamate Wilayat al-faqih Bay'ah Dhimmi Aman Family Criminal Etiquette Adab Gender segregation ( Purdah ) Mahram Honorifics Toilet Economic Hygiene Military Jihad Ghanimah Hudna Istijarah (asylum) Prisoners of war Social Haqq al-Nas ( The right(s) of the people ) Islamic studies v t e Zināʾ ( زِنَاء ) or zinā ( زِنًى or زِنًا ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence , zina can include adultery , fornication , prostitution , sodomy , incest , and bestiality . Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules. Accusing zina without presenting the required eyewitnesses is called qadhf ( القذف ), which is itself a hudud offense. There are very few recorded examples of the stoning penalty for zinā being implemented legally. Before legal reform was introduced in several countries during the 20th century, the procedural requirements for proving the offense of zinā to the standard necessary to impose the stoning penalty were effectively impossible to meet. Zina became a more pressing issue in modern times, as Islamist movements and governments employed polemics against public immorality. In recent decades, several countries passed legal reforms that incorporated elements of hudud laws into their legal codes, and many modern Islamists have also disregarded the condition of strict evidence requirements. In Nigeria, local courts have passed several stoning sentences, all of which were overturned on appeal or left unenforced. In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina , making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse forced upon them, although these laws were amended in 2006, and again in 2016. According to human rights organizations, stoning to death for zina has also been carried out in Saudi Arabia. Zina and rape are two different crimes under Islamic Law. Ordinances like the Hudood Ordinances are not Islamic, in terms of rape and zina . Encyclopaedia of Islam (2nd ed.). The Oxford Encyclopedia of the Islamic World . A Taste of Honey: Sexuality and Erotology in Islam . Islam and Homosexuality (1st ed.). Law relating to fornication (Zina) in the Islamic legal system: a comparative study . Crime and Punishment in Islamic Law: : Theory and Practice from the Sixteenth to the Twenty-First Century . The Oxford Encyclopedia of Islam and Women . In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics . The New York Times . Encyclopaedia of Islam (2nd ed.).