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Zina

This article is about unlawful sexual intercourse in Islam. For extramarital affairs in general, see Adultery and Fornication.
For other uses, see Zina (disambiguation).
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(January 2016) ()

Zināʾ (زِنَاء) or zinah (زِنًى orزِنًا) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, zina can include adultery, fornication, 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, since the Islamic marital law disallows same-sex marriage.

Zina belongs to the category of hudud offenses (sing.: hadd), which are offenses that are specifically mentioned in the Quran, also known as "claims of God" (huqūq Allāh). Several verses of the Quran prohibit zina, including 24:2 which says it should be punished with 100 lashes, and so is endorsed by the hadith in the case where both parties were single and have never been married earlier in their lives. However, on the basis of hadith, the penalty for an offender who is muhsan (adult, free, Muslim, and married at least once) is stoning to death (rajm). 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. 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; 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 for zina has also been carried out in Saudi Arabia.

Contents

Muslim scholars have historically considered zinā a hudud sin, or crime against God. It is mentioned in both Quran and in the Hadiths.

Introduction and definition

The Quran deals with zinaʾ in several places. First is the Qur'anic general rule that commands Muslims not to commit zina':

"Nor come nigh to fornication/adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)."

Qur'an, Sura 17 (Al-Isra), ayat 32

In the Hadiths, the definitions of zina have been described as all the forms of sexual intercourse, penetrative or non-penetrative, outside the institution marriage or the institution of slavery.

Abu Huraira reported Allah's Apostle as saying: “Allah has decreed for every son of Adam his share of zina, which he will inevitably commit. The zina of the eyes is looking, the zina of the tongue is speaking, one may wish and desire, and the private parts confirm that or deny it.”

Adultery and fornication

Quran

Most of the rules related to fornication, adultery and false accusations from a husband to his wife or from members of the community to chaste women, can be found in Surat an-Nur (the Light). The sura starts by giving very specific rules about punishment for zina:

"The woman and the man guilty of zināʾ (for fornication or adultery),- 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."

Qur'an, Sura 24 (An-Nur), ayat 2

"And those who accuse chaste women then do not bring four witnesses, flog them, (giving) eighty stripes, and do not admit any evidence from them ever; and these it is that are the transgressors. Except those who repent after this and act aright, for surely Allah is Forgiving, Merciful."

Qur'an, Sura 24 (An-Nur), ayat 4–5

Hadith

The Stoning of an Adulteress, illustration to a manuscript of 1001 Nights by Abu'l Hasan Ghaffari or his atelier. Tehran, 1853–1857

The public lashing and public lethal stoning punishment for fornication and adultery are also prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in Kitab Al-Hudud.[not specific enough to verify]

'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

Ma'iz came to the Prophet and admitted having committed adultery four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you.

Hadith Sahih al Bukhari, another authentic source of sunnah, has several entries which refer 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 slave girl of Zam'a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa'd took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." 'Abd bin Zam'a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa'd said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." 'Abd bin Zam'a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O 'Abd bin Zam'a!" Then Allah's Apostle 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) yourself before him," when he saw the child's resemblance to 'Utba. The boy did not see her again till he met Allah.

Other hadith collections on zina between men and woman include:

  • The stoning (Rajm) of a Jewish man and woman for having committed illegal sexual intercourse.
  • Abu Hurairah states that the Prophet, in a case of intercourse between a young man and a married woman, sentenced the woman to stoning and the young man to flogging and banishment for a year;

Rape

Main article: Rape in Islamic law

Rape has been defined as zina al-zibr (forceful illicit sex) in the traditional Islamic texts. Few hadiths have been found regarding rape in the time of Muhammad. The most popular transmitted hadith given below indicates the ordinance of stoning for the rapist but no punishment and no requirement of four eyewitnesses for the rape victim.

Narrated 'Alqamah bin Wa'il Al-Kindi: From his father: "A women went out during the time of the Prophet (ﷺ) to go to Salat, but she was caught by a man and he had relations with her, so she screamed and he left. Then a man came across her and she said: 'That man has done this and that to me', then she came across a group of Emigrants (Muhajirin) and she said: 'That man did this and that to me.' They went to get the man she thought had relations with her, and they brought him to her. She said: 'Yes, that's him.' So they brought him to the Messenger of Allah (ﷺ), and when he ordered that he be stoned, the man who had relations with her, said: 'O Messenger of Allah, I am the one who had relations with her.' So he said to her: 'Go, for Allah has forgiven you.' Then he said some nice words to the man (who was brought). And he said to the man who had relations with her: 'Stone him.' Then he said: 'He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.'"

The hadiths declare rape of a free or slave woman as zina.

View of scholars

Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

Malik related to me from Ibn Shihab that gave a judgment that the rapist had to pay the raped woman her bride-price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

If a confession or the four witnesses required to prove a hadd crime are not available, but rape can be proved by other means, the rapist is sentenced under the ta'zir system of judicial discretion. According to the eleventh-century Maliki jurist Ibn 'Abd al-Barr:

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help.

Al-Istidhkaar

Homosexuality

Islamic teachings (in the hadith tradition) presume same-sex attraction, extol abstention and (in the Qur'an) condemn consummation. The Quran forbids homosexual relationships, in Al-Nisa, Al-Araf (verses 7:80–84, 11:69–83, 29:28–35 of the Quran using the story of Lot's people), and other surahs. For example,

We also sent Lot: He said to his people: "Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds."

In another verse, the statement of prophet Lot has been also pointed out,

Do you approach males among the worlds And leave what your Lord has created for you as mates? But you are a people transgressing.

Quran 26:165–166, trans. Sahih International

Some scholars indicate this verse as the prescribed punishment for homosexuality in the Quran:

"If two (men) among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful."

Qur'an, Sura 4 (Al-Nisa), ayat 16

However, there are different interpretations of the last verse where who the Quran refers to as "two among you". Pakistani scholar Javed Ahmed Ghamidi sees it as a reference to premarital sexual relationships between men and women. In his opinion, the preceding Ayat of Sura Nisa deals with prostitutes of the time. He believes these rulings were temporary and were abrogated later when a functioning state was established and society was ready for permanent rulings, which came in Sura Nur, Ayat 2 and 3, prescribing flogging as a punishment for adultery. He does not see stoning as a prescribed punishment, even for married men, and considers the Hadiths quoted supporting that view to be dealing with either rape or prostitution, where the strictest punishment under Islam for spreading "fasad fil ardh", meaning corruption in the land, referring to egregious acts of defiance to the rule of law was carried out.[citation needed]

The Hadiths consider homosexuality as zina, and male homosexuality to be punished with death. For example, Abu Dawud states,[not specific enough to verify][page needed]

From Abu Musa al-Ash'ari, the Prophet states that: "If a woman comes upon a woman, they are both adulteresses, if a man comes upon a man, then they are both adulterers.”

Al-Tabarani in al-Mu‘jam al-Awat: 4157, Al-Bayhaqi, Su‘ab al-Iman: 5075

Narrated Abdullah ibn Abbas: The Prophet said: If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.

Narrated Abdullah ibn Abbas: If a man who is not married is seized committing sodomy, he will be stoned to death.

The discourse on homosexuality in Islam is primarily concerned with activities between men. There are, however, a few hadith mentioning homosexual behavior in women; The jurists are agreed that "there is no hadd punishment for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed, because it is a sin..'". Although punishment for lesbianism is rarely mentioned in the histories, al-Tabari records an example of the casual execution of a pair of lesbian slavegirls in the harem of al-Hadi, in a collection of highly critical anecdotes pertaining to that Caliph's actions as ruler. Some jurists viewed sexual intercourse as possible only for an individual who possesses a phallus; hence those definitions of sexual intercourse that rely on the entry of as little of the corona of the phallus into a partner's orifice. Since women do not possess a phallus and cannot have intercourse with one another, they are, in this interpretation, physically incapable of committing zina.

Sodomy

Muslim scholars justify the prohibition of sodomy, anal sex (liwat) and oral sex, on the basis of the Qur'anic verse 2:223, saying that it commands intercourse only in the vagina (i.e. potentially procreational intercourse). The vaginal intercourse may be in any manner the couple wishes, that is, from behind or from the front, sitting or with the wife lying on her back or on her side.

There are also several hadith which prohibit sodomy.

Do not have anal sex with women.

Reported by Ahmad, At-Tirmidhi, An-Nasa'i, and Ibn Majah

Muhammad also said, "Cursed he. ..who has sex with a woman through her back passage."

Ahmad

Khuzaymah Ibn Thabit also reported that the Messenger of Allah said: "Allah is not too shy to tell you the truth: Do not have sex with your wives in the anus."

Reported by Ahmad, 5/213

Ibn Abbas narrated: "The Messenger of Allah said: "Allah will not look at a man who has anal sex with his wife."

Reported by Ibn Abi Shaybah, 3/529; At-Tirmidhi classified it as an authentic hadith, 1165

It is reported that `Umar Ibn Al-Khattab came one day to Muhammad and said, "O Messenger of Allah, I am ruined!" "What has ruined you?" asked the Prophet. He replied, "Last night I turned my wife over," meaning that he had had vaginal intercourse with her from the back. The Prophet did not say anything to him until the verse cited above was revealed. Then he told him, "[Make love with your wife] from the front or the back, but avoid the anus and intercourse during menstruation."

(Reported by Ahmad and At-Tirmidhi)

Furthermore, it is reported that Muhammad referred to anal sex as "minor incest".

Islamic law establishes two categories of legal, sexual relationships: between husband and wife, and between a man and his concubine. All other sexual relationships are considered zināʾ (fornication), including adultery and homosexuality, according to Islamic law and exegesis of the Qur'an. From the story of Lot it is clear that the Qur'an regards sodomy as an egregious sin. The death by stoning for people of Sodom and Gomorrah is similar to the stoning punishment stipulated for illegal heterosexual sex. There is no punishment for a man who sodomizes a woman because it is not tied to procreation. However, other jurists insist that any act of lust in which the result is the injecting of semen into another person constitutes sexual intercourse.

In Islam, oral sex between a husband and a wife is considered "Makruh Tahrimi" or highly undesirable by some Islamic jurists when the act is defined as the mouth and the tongue coming in contact with the genitals. The reason behind considering this act as not recommended is manifold, the foremost being the issues of modesty, purification (Taharat) and cleanliness.

The most common argument states that the mouth and tongue are used for the recitation of the Quran and for the remembrance of Allah (Dhikr). Firstly, scholars consider touching genitals by mouth as discouraged mentioning the reason that, touching genitals by the right hand rather than the left hand has been prohibited by Muhammad; as in their opinion, the mouth is comparatively more honorable than the right hand, for that touching genitals with the mouth is more abhorrent and vacatably excluded. Secondly, the status of genital secretions is debated among the four Sunni schools, some scholars viewing it as impure and others not.

Currently, sodomy is punishable by death in a number of Muslim countries, including Saudi Arabia and Yemen, as well as in Nigeria's Sharia courts.

Incest

Hadith forbids incestous relationship (zinā bi'l-mahārim), sexual intercourse between someone who is mahram and prescribes execution as punishment.

Narrated Ibn 'Abbas: That the Prophet said: "If a man says to another man: 'O you Jew' then beat him twenty times. If he says: 'O you effeminate' then beat him twenty times. And whoever has relations with someone that is a Mahram (family member or blood relative) then kill him."

Masturbation

Islamic scripture does not specifically mention masturbation. There are a few Hadiths mentioning it, but these are classified as unreliable.

Bestiality

According to hadith, bestiality is defined under zina and its punishment is execution of the accused man or woman along with the animal.

Narrated Ibn 'Abbas: That the Messenger of Allah said: "Whomever you see having relations with an animal then kill him and kill animal." So it was said to Ibn 'Abbas: "What is the case of the animal?" He said: "I did not hear anything from the Messenger of Allah about this, but I see that the Messenger of Allah disliked eating its meat or using it, due to the fact that such a (heinous) thing has been done with that animal."

Zina encompasses any sexual intercourse except that between husband and wife. It includes both extramarital sex and premarital sex, and is often translated as "fornication" in English.

Technically, zina only refers to the act of penetration, while non-penetrative sex acts outside of marriage were censured by the Prophet as that which can lead to zina.

According to sharia, the punishment for zina varies according to whether the offender is muhsan (adult, free, Muslim and married at least once) or not muhsan (i.e. a minor, a slave, a non-Muslim or never married). A person only qualifies as muhsan if he or she meets all of the criteria. The punishment for an offender who is muhsan is stoning. (rajm); the punishment for an offender who is not muhsan is 100 lashes.

Islamic law requires evidence before a man or a woman can be punished for zina. These are:[page needed]

  1. A Muslim confesses to zina four separate times. However, if the confessor takes back his words before the punishment is enforced or during the punishment, he/she will be released and set free. The confessor is in fact encouraged to take back their confession.
  2. Four free adult male Muslim witnesses of proven integrity. They must testify that they observed the couple engaged in unlawful sexual intercourse without any doubt or ambiguity. They are able to say that they saw their private parts meet "like the Kohl needle entering the Kohl bottle."
  3. Unlike witnesses in most other circumstances, they are neither legally nor morally obliged to testify, and in fact legal texts state that it is morally better if they don't.
  4. If any of the witnesses take back their testimony before the actual punishment is enforced, then the punishment will be abandoned, and the witnesses will be punished for the crime of false accusation.
  5. The witnesses must give their testimony at the earliest opportunity.
  6. If the offense is punished by stoning to death, the witnesses must throw the stones.

If a pregnant woman confesses that her baby was born from an illegal relationship then she will be subject to conviction in the Islamic courts. In cases where there are no witnesses and no confession then the woman will not receive punishment just because of pregnancy. Women can fall pregnant without committing illegal sexual intercourse. A woman could be raped or coerced. In this case, she is a victim and not the perpetrator of a crime. Therefore, she cannot be punished or even accused of misconduct merely on the strength of her falling pregnant.

The four witnesses requirement for zina is revealed by Quranic verses 24:11 through 24:13 and various hadiths. The testimony of women and non-Muslims is not admitted in cases of zina or in other hadd crimes.

Any witness to or victim of non-consensual sexual intercourse, who accuses a Muslim of zina, but fails to produce four adult, pious male eyewitnesses before a sharia court, commits the crime of false accusation (Qadhf, القذف), punishable with eighty lashes in public.

These requirements made zina virtually impossible to prove in practice. Hence, there are very few recorded examples of stoning for zina being legally carried out. In the 623-year history of the Ottoman Empire, the best-documented and most well-known pre-modern Islamic legal system, there is only one recorded example of the stoning punishment being applied for zina, when a Muslim woman and her Jewish lover were convicted of zina in 1680 and sentenced to death, the woman by stoning and the man by beheading. This was a miscarriage of justice according to the standards of Islamic law: adequate evidence was not produced, and the correct penalty for non-Muslims was 100 lashes rather than death.

Some schools of Islamic jurisprudence (fiqh) created the principle of shubha (doubt). According to this principle, if there is room for doubt in the perpetrator's mind about whether the sexual act was illegal, he or she should not receive the hadd penalty, but could receive a less severe punishment at the discretion of the judge. Jurists had varying opinions on what counted as legitimate "doubt" for this purposes. A typical example is a man who has sex with his wife's or his son's slave. This is zina - a man can lawfully have sex only with his own slave. But a man might plausibly believe that he had ownership rights over his wife's or his son's property, and so think that having sex with their slaves was legal. The Ḥanafī jurists of the Ottoman Empire applied the concept of doubt to exempt prostitution from the hadd penalty. Their rationale was that since legal sex is legitimized, in part, by payment (the dower paid by the husband to the wife upon marriage, or the purchase price of a slave), a man might plausibly believe that prostitution, which also involves a payment in return for sexual access, was legal. It is important to note that this principle did not mean that such acts were treated as legal: they remained offenses, and could be punished, but they were not liable for the hadd penalty of 100 lashes or stoning.

Sunni practice

All Sunni schools of jurisprudence agree that zināa is to be punished with stoning to death if the offender is a free, adult, married or previously married Muslim (muhsan). Persons who are not muhsan (i.e. a slave, a minor, never married or non-Muslim) are punished for zina with one hundred lashes in public.[page needed]

Maliki school of Islamic jurisprudence considers pregnancy as sufficient and automatic evidence, unless there is evidence of rape. Other Sunni schools of jurisprudence rely on early Islamic scholars that state that a fetus can "sleep and stop developing for 5 years in a womb", and thus a woman who was previously married but now divorced may not have committed zina even if she delivers a baby years after her divorce. They also argue that the woman may have been forced or coerced (see section above, 'Accusation process and punishment').The position of modern Islamic scholars varies from country to country. For example, in Malaysia which officially follows the Shafi'i fiqh, Section 23(2) through 23(4) of the Syariah (Sharia) Criminal Offences (Federal Territories) Act 1997 state,

Section 23(2) - Any woman who performs sexual intercourse with a man who is not her lawful husband shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

Section 23(3) - The fact that a woman is pregnant out of wedlock as a result of sexual intercourse performed with her consent shall be prima facie evidence of the commission of an offence under subsection (2) by that woman.

Section 23(4) - For the purpose of subsection (3), any woman who gives birth to a fully developed child within a period of six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock.

Islamic Laws of Malaysia

Minimal proof for zina is still the testimony of four male eyewitnesses, even in the case of homosexual intercourse.[citation needed]

Prosecution of extramarital pregnancy as zina, as well as prosecution of rape victims for the crime of zina, have been the source of worldwide controversy in recent years.

Shi'a practice

Again, minimal proof for zina is the testimony of four male eyewitnesses. The Shi'is, however, also allow the testimony of women, if there is at least one male witness, testifying together with six women. All witnesses must have seen the act in its most intimate details, i.e. the penetration (like "a stick disappearing in a kohl container," as the fiqh books specify). If their testimonies do not satisfy the requirements, they can be sentenced to eighty lashes for unfounded accusation of fornication (kadhf). If the accused freely admits the offense, the confession must be repeated four times, just as in Sunni practice. Pregnancy of a single woman is also sufficient evidence of her having committed zina.[need quotation to verify]

Muslim-majority regions with zina laws against consensual premarital and extramarital sex.[page needed]

The zina and rape laws of countries under Sharia law are the subjects of a global human rights debate.

Hundreds of women in Afghan jails are victims of rape or domestic violence. This has been criticized as leading to "hundreds of incidents where a woman subjected to rape, or gang rape, was eventually accused of zināʾ" and incarcerated.

In Pakistan, over 200,000 zina cases against women, under its Hudood laws, were under process at various levels in Pakistan's legal system in 2005. In addition to thousands of women in prison awaiting trial for zina-related charges, there has been a severe reluctance to even report rape because the victim fears of being charged with zina.[not specific enough to verify]

Iran has prosecuted many cases of zina, and enforced public stoning to death of those accused between 2001 and 2010.

Zina laws are one of many items of reform and secularization debate with respect to Islam. In the early 20th century, under the influence of colonial era, many penal laws and criminal justice systems were reformed away from Sharia in Muslim-majority parts of the world. In contrast, in the second half of the 20th century, after respective independence, a number of governments including Pakistan, Morocco, Malaysia and Iran have reverted to Sharia with traditional interpretations of Islam's sacred texts. Zina and hudud laws have been re-enacted and enforced.

Contemporary human right activists refer this as a new phase in the politics of gender in Islam, the battle between forces of traditionalism and modernism in the Muslim world, and the use of religious texts of Islam through state laws to sanction and practice gender-based violence.

In contrast to human rights activists, Islamic scholars and Islamist political parties consider 'universal human rights' arguments as imposition of a non-Muslim culture on Muslim people, a disrespect of customary cultural practices and sexual codes that are central to Islam. Zina laws come under hudud – seen as crime against Allah; the Islamists refer to this pressure and proposals to reform zina and other laws as contrary to Islam. Attempts by international human rights to reform religious laws and codes of Islam has become the Islamist rallying platforms during political campaigns.

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Zina
Zina Language Watch Edit 160 160 Redirected from Zina sex This article is about unlawful sexual intercourse in Islam For extramarital affairs in general see Adultery and Fornication For other uses see Zina disambiguation This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Zina news newspapers books scholar JSTOR January 2016 Learn how and when to remove this template message Zinaʾ ز ن اء or zinah ز ن ى or ز ن ا is an Islamic legal term referring to unlawful sexual intercourse 1 According to traditional jurisprudence zina can include adultery 2 3 4 fornication 2 3 4 prostitution 5 rape 1 sodomy 2 6 homosexuality 7 6 incest 8 9 and bestiality 2 10 Although classification of homosexual intercourse as zina differs according to legal school 11 the majority apply the rules of zina to homosexuality 12 13 mostly male homosexuality 14 since the Islamic marital law disallows same sex marriage Zina belongs to the category of hudud offenses sing hadd which are offenses that are specifically mentioned in the Quran also known as claims of God huquq Allah Several verses of the Quran prohibit zina including 24 2 which says it should be punished with 100 lashes and so is endorsed by the hadith in the case where both parties were single and have never been married earlier in their lives 15 However on the basis of hadith the penalty for an offender who is muhsan adult free Muslim and married at least once is stoning to death rajm 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 16 1 The offenders must have acted of their own free will 1 Rapists could be prosecuted under different legal categories which used normal evidentiary rules 17 Making an accusation of zina without presenting the required eyewitnesses is called qadhf القذف which is itself a hudud offense 18 There are very few recorded examples of the stoning penalty for zina being implemented legally Prior to legal reforms introduced in several countries during the 20th century the procedural requirements for proving the offense of zina to the standard necessary to impose the stoning penalty were effectively impossible to meet 1 19 Zina became a more pressing issue in modern times as Islamist movements and governments employed polemics against public immorality 1 The Taliban have executed suspected adultresses using machine guns and zina has been used as justification for honor killings 1 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 many modern Islamists have also disregarded the condition of strict evidence requirements 20 In Nigeria local courts have passed several stoning sentences all of which were overturned on appeal or left unenforced 21 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 1 17 although these laws were amended in 2006 19 and again in 2016 22 According to human rights organizations stoning for zina has also been carried out in Saudi Arabia 11 Contents 1 Islamic scriptures 1 1 Introduction and definition 1 2 Adultery and fornication 1 2 1 Quran 1 2 2 Hadith 1 3 Rape 1 3 1 View of scholars 1 4 Homosexuality 1 5 Sodomy 1 6 Incest 1 7 Masturbation 1 8 Bestiality 2 Inclusions in the definition 3 Accusation process and punishment 3 1 Sunni practice 3 2 Shi a practice 4 Human rights controversy 5 In popular culture 6 See also 7 References 8 Further reading 9 External linksIslamic scriptures EditMuslim scholars have historically considered zina a hudud sin or crime against God 23 It is mentioned in both Quran and in the Hadiths 24 Introduction and definition Edit The Quran deals with zinaʾ in several places First is the Qur anic general rule that commands Muslims not to commit zina Nor come nigh to fornication adultery for it is a shameful deed and an evil opening the road to other evils Qur an Sura 17 Al Isra ayat 32 25 In the Hadiths the definitions of zina have been described as all the forms of sexual intercourse penetrative or non penetrative outside the institution marriage or the institution of slavery 26 Abu Huraira reported Allah s Apostle as saying Allah has decreed for every son of Adam his share of zina which he will inevitably commit The zina of the eyes is looking the zina of the tongue is speaking one may wish and desire and the private parts confirm that or deny it 8 77 609 33 6421 Adultery and fornication Edit Quran Edit Most of the rules related to fornication adultery and false accusations from a husband to his wife or from members of the community to chaste women can be found in Surat an Nur the Light The sura starts by giving very specific rules about punishment for zina The woman and the man guilty of zinaʾ for fornication or adultery 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 Qur an Sura 24 An Nur ayat 2 27 And those who accuse chaste women then do not bring four witnesses flog them giving eighty stripes and do not admit any evidence from them ever and these it is that are the transgressors Except those who repent after this and act aright for surely Allah is Forgiving Merciful Qur an Sura 24 An Nur ayat 4 5 28 Hadith Edit The Stoning of an Adulteress illustration to a manuscript of 1001 Nights by Abu l Hasan Ghaffari or his atelier Tehran 1853 1857 The public lashing and public lethal stoning punishment for fornication and adultery are also prescribed in Hadiths the books most trusted in Islam after Quran particularly in Kitab Al Hudud 29 30 not specific enough to verify Ubada b as Samit reported Allah s Messenger as saying Receive teaching from me receive teaching from me Allah has ordained a way for those women When an unmarried male commits adultery with an unmarried female they should receive one hundred lashes and banishment for one year And in case of married male committing adultery with a married female they shall receive one hundred lashes and be stoned to death 17 4191 Ma iz came to the Prophet and admitted having committed adultery four times in his presence so he ordered him to be stoned to death but said to Huzzal If you had covered him with your garment it would have been better for you 38 4364 Hadith Sahih al Bukhari another authentic source of sunnah has several entries which refer to death by stoning 31 For example Narrated Aisha Utba bin Abi Waqqas said to his brother Sa d bin Abi Waqqas The son of the slave girl of Zam a is from me so take him into your custody So in the year of Conquest of Mecca Sa d took him and said This is my brother s son whom my brother has asked me to take into my custody Abd bin Zam a got up before him and said He is my brother and the son of the slave girl of my father and was born on my father s bed So they both submitted their case before Allah s Apostle Sa d said O Allah s Apostle This boy is the son of my brother and he entrusted him to me Abd bin Zam a said This boy is my brother and the son of the slave girl of my father and was born on the bed of my father Allah s Apostle said The boy is for you O Abd bin Zam a Then Allah s Apostle 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 yourself before him when he saw the child s resemblance to Utba The boy did not see her again till he met Allah 9 89 293 Other hadith collections on zina between men and woman include The stoning Rajm of a Jewish man and woman for having committed illegal sexual intercourse 32 Abu Hurairah states that the Prophet in a case of intercourse between a young man and a married woman sentenced the woman to stoning 33 and the young man to flogging and banishment for a year Rape Edit Main article Rape in Islamic law Rape has been defined as zina al zibr forceful illicit sex in the traditional Islamic texts Few hadiths have been found regarding rape in the time of Muhammad The most popular transmitted hadith given below indicates the ordinance of stoning for the rapist but no punishment and no requirement of four eyewitnesses for the rape victim 34 35 Narrated Alqamah bin Wa il Al Kindi From his father A women went out during the time of the Prophet ﷺ to go to Salat but she was caught by a man and he had relations with her so she screamed and he left Then a man came across her and she said That man has done this and that to me then she came across a group of Emigrants Muhajirin and she said That man did this and that to me They went to get the man she thought had relations with her and they brought him to her She said Yes that s him So they brought him to the Messenger of Allah ﷺ and when he ordered that he be stoned the man who had relations with her said O Messenger of Allah I am the one who had relations with her So he said to her Go for Allah has forgiven you Then he said some nice words to the man who was brought And he said to the man who had relations with her Stone him Then he said He has repented a repentance that if the inhabitants of Al Madinah had repented with it would have been accepted from them Jami at Tirmidhi 17 37 38 4366 The hadiths declare rape of a free or slave woman as zina 36 View of scholars Edit Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave girl among those slaves against her will and had intercourse with her Umar ibn al Khattab had him flogged and banished him and he did not flog the slave girl because the slave had forced her 1 85 81 37 41 3 15 Malik related to me from Ibn Shihab that gave a judgment that the rapist had to pay the raped woman her bride price Yahya said that he heard Malik say What is done in our community about the man who rapes a woman virgin or non virgin if she is free is that he must pay the bride price of the like of her If she is a slave he must pay what he has diminished of her worth The hadd punishment in such cases is applied to the rapist and there is no punishment applied to the raped woman If the rapist is a slave that is against his master unless he wishes to surrender him 36 16 14 If a confession or the four witnesses required to prove a hadd crime are not available but rape can be proved by other means the rapist is sentenced under the ta zir system of judicial discretion 38 According to the eleventh century Maliki jurist Ibn Abd al Barr 38 The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment or if he admits to that Otherwise he is to be punished i e if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses then the judge may punish him and stipulate a punishment that will deter him and others like him There is no punishment for the woman if it is true that he forced her and overpowered her which may be proven by her screaming and shouting for help Al Istidhkaar Homosexuality Edit Main article Homosexuality in Islam Islamic teachings in the hadith tradition 39 presume same sex attraction extol abstention and in the Qur an 40 39 condemn consummation The Quran forbids homosexual relationships in Al Nisa Al Araf verses 7 80 84 11 69 83 29 28 35 of the Quran using the story of Lot s people and other surahs For example 40 39 41 We also sent Lot He said to his people Do ye commit lewdness such as no people in creation ever committed before you For ye practice your lusts on men in preference to women ye are indeed a people transgressing beyond bounds Quran 7 80 81 In another verse the statement of prophet Lot has been also pointed out Do you approach males among the worlds And leave what your Lord has created for you as mates But you are a people transgressing Quran 26 165 166 trans Sahih International Some scholars indicate this verse as the prescribed punishment for homosexuality in the Quran If two men among you are guilty of lewdness punish them both If they repent and amend Leave them alone for Allah is Oft returning Most Merciful Qur an Sura 4 Al Nisa ayat 16 42 However there are different interpretations of the last verse where who the Quran refers to as two among you Pakistani scholar Javed Ahmed Ghamidi sees it as a reference to premarital sexual relationships between men and women In his opinion the preceding Ayat of Sura Nisa deals with prostitutes of the time He believes these rulings were temporary and were abrogated later when a functioning state was established and society was ready for permanent rulings which came in Sura Nur Ayat 2 and 3 prescribing flogging as a punishment for adultery He does not see stoning as a prescribed punishment even for married men and considers the Hadiths quoted supporting that view to be dealing with either rape or prostitution where the strictest punishment under Islam for spreading fasad fil ardh meaning corruption in the land referring to egregious acts of defiance to the rule of law was carried out citation needed The Hadiths consider homosexuality as zina 7 and male homosexuality to be punished with death 43 For example Abu Dawud states 39 not specific enough to verify 44 page needed From Abu Musa al Ash ari the Prophet states that If a woman comes upon a woman they are both adulteresses if a man comes upon a man then they are both adulterers Al Tabarani in al Mu jam al Awat 4157 Al Bayhaqi Su ab al Iman 5075 Narrated Abdullah ibn Abbas The Prophet said If you find anyone doing as Lot s people did 45 kill the one who does it and the one to whom it is done 38 4447 Narrated Abdullah ibn Abbas If a man who is not married is seized committing sodomy he will be stoned to death 38 4448 The discourse on homosexuality in Islam is primarily concerned with activities between men There are however a few hadith mentioning homosexual behavior in women 46 47 The jurists are agreed that there is no hadd punishment for lesbianism because it is not zina Rather a ta zeer punishment must be imposed because it is a sin 48 Although punishment for lesbianism is rarely mentioned in the histories al Tabari records an example of the casual execution of a pair of lesbian slavegirls in the harem of al Hadi in a collection of highly critical anecdotes pertaining to that Caliph s actions as ruler 49 Some jurists viewed sexual intercourse as possible only for an individual who possesses a phallus 50 hence those definitions of sexual intercourse that rely on the entry of as little of the corona of the phallus into a partner s orifice 50 Since women do not possess a phallus and cannot have intercourse with one another they are in this interpretation physically incapable of committing zina 50 Sodomy Edit Main articles Islamic view of anal sex and Islamic views on oral sex Muslim scholars justify the prohibition of sodomy anal sex liwat and oral sex on the basis of the Qur anic verse 2 223 saying that it commands intercourse only in the vagina i e potentially procreational intercourse The vaginal intercourse may be in any manner the couple wishes that is from behind or from the front sitting or with the wife lying on her back or on her side There are also several hadith which prohibit sodomy Do not have anal sex with women Reported by Ahmad At Tirmidhi An Nasa i and Ibn Majah Muhammad also said Cursed he who has sex with a woman through her back passage Ahmad Khuzaymah Ibn Thabit also reported that the Messenger of Allah said Allah is not too shy to tell you the truth Do not have sex with your wives in the anus Reported by Ahmad 5 213 Ibn Abbas narrated The Messenger of Allah said Allah will not look at a man who has anal sex with his wife Reported by Ibn Abi Shaybah 3 529 At Tirmidhi classified it as an authentic hadith 1165 It is reported that Umar Ibn Al Khattab came one day to Muhammad and said O Messenger of Allah I am ruined What has ruined you asked the Prophet He replied Last night I turned my wife over meaning that he had had vaginal intercourse with her from the back The Prophet did not say anything to him until the verse cited above was revealed Then he told him Make love with your wife from the front or the back but avoid the anus and intercourse during menstruation Reported by Ahmad and At Tirmidhi 51 Furthermore it is reported that Muhammad referred to anal sex as minor incest Islamic law establishes two categories of legal sexual relationships between husband and wife and between a man and his concubine All other sexual relationships are considered zinaʾ fornication including adultery and homosexuality according to Islamic law and exegesis of the Qur an From the story of Lot it is clear that the Qur an regards sodomy as an egregious sin The death by stoning for people of Sodom and Gomorrah is similar to the stoning punishment stipulated for illegal heterosexual sex There is no punishment for a man who sodomizes a woman because it is not tied to procreation However other jurists insist that any act of lust in which the result is the injecting of semen into another person constitutes sexual intercourse 52 In Islam oral sex between a husband and a wife is considered Makruh Tahrimi 53 or highly undesirable by some Islamic jurists when the act is defined as the mouth and the tongue coming in contact with the genitals 54 55 The reason behind considering this act as not recommended is manifold the foremost being the issues of modesty purification Taharat and cleanliness 56 The most common argument states 55 that the mouth and tongue are used for the recitation of the Quran and for the remembrance of Allah Dhikr 57 Firstly scholars consider touching genitals by mouth as discouraged mentioning the reason that touching genitals by the right hand rather than the left hand has been prohibited by Muhammad as in their opinion the mouth is comparatively more honorable than the right hand for that touching genitals with the mouth is more abhorrent and vacatably excluded Secondly the status of genital secretions is debated among the four Sunni schools some scholars viewing it as impure and others not Currently sodomy is punishable by death in a number of Muslim countries including Saudi Arabia and Yemen as well as in Nigeria s Sharia courts 50 Incest Edit Hadith forbids incestous relationship zina bi l maharim sexual intercourse between someone who is mahram and prescribes execution as punishment 8 9 Narrated Ibn Abbas That the Prophet said If a man says to another man O you Jew then beat him twenty times If he says O you effeminate then beat him twenty times And whoever has relations with someone that is a Mahram family member or blood relative then kill him Jami at Tirmidhi 17 46 Masturbation Edit Main article Islam and masturbation Islamic scripture does not specifically mention masturbation There are a few Hadiths mentioning it but these are classified as unreliable 58 Bestiality Edit According to hadith bestiality is defined under zina and its punishment is execution of the accused man or woman along with the animal 2 10 Narrated Ibn Abbas That the Messenger of Allah said Whomever you see having relations with an animal then kill him and kill animal So it was said to Ibn Abbas What is the case of the animal He said I did not hear anything from the Messenger of Allah about this but I see that the Messenger of Allah disliked eating its meat or using it due to the fact that such a heinous thing has been done with that animal Jami at Tirmidhi 17 38Inclusions in the definition EditZina encompasses any sexual intercourse except that between husband and wife It includes both extramarital sex and premarital sex and is often translated as fornication in English 59 Technically zina only refers to the act of penetration while non penetrative sex acts outside of marriage were censured by the Prophet as that which can lead to zina 11 60 According to sharia the punishment for zina varies according to whether the offender is muhsan adult free Muslim and married at least once or not muhsan i e a minor a slave a non Muslim or never married A person only qualifies as muhsan if he or she meets all of the criteria The punishment for an offender who is muhsan is stoning rajm the punishment for an offender who is not muhsan is 100 lashes 61 Accusation process and punishment EditIslamic law requires evidence before a man or a woman can be punished for zina These are 59 page needed 29 62 A Muslim confesses to zina four separate times However if the confessor takes back his words before the punishment is enforced or during the punishment he she will be released and set free The confessor is in fact encouraged to take back their confession 63 64 65 Four free adult male Muslim witnesses of proven integrity They must testify that they observed the couple engaged in unlawful sexual intercourse without any doubt or ambiguity They are able to say that they saw their private parts meet like the Kohl needle entering the Kohl bottle 63 Unlike witnesses in most other circumstances they are neither legally nor morally obliged to testify and in fact legal texts state that it is morally better if they don t If any of the witnesses take back their testimony before the actual punishment is enforced then the punishment will be abandoned and the witnesses will be punished for the crime of false accusation 63 The witnesses must give their testimony at the earliest opportunity 63 If the offense is punished by stoning to death the witnesses must throw the stones If a pregnant woman confesses that her baby was born from an illegal relationship then she will be subject to conviction in the Islamic courts In cases where there are no witnesses and no confession then the woman will not receive punishment just because of pregnancy Women can fall pregnant without committing illegal sexual intercourse A woman could be raped or coerced In this case she is a victim and not the perpetrator of a crime Therefore she cannot be punished or even accused of misconduct merely on the strength of her falling pregnant 65 66 67 The four witnesses requirement for zina is revealed by Quranic verses 24 11 through 24 13 and various hadiths 68 69 The testimony of women and non Muslims is not admitted in cases of zina or in other hadd crimes Any witness to or victim of non consensual sexual intercourse who accuses a Muslim of zina but fails to produce four adult pious male eyewitnesses before a sharia court commits the crime of false accusation Qadhf القذف punishable with eighty lashes in public 70 71 These requirements made zina virtually impossible to prove in practice 1 Hence there are very few recorded examples of stoning for zina being legally carried out 1 19 In the 623 year history of the Ottoman Empire the best documented and most well known pre modern Islamic legal system there is only one recorded example of the stoning punishment being applied for zina when a Muslim woman and her Jewish lover were convicted of zina in 1680 and sentenced to death the woman by stoning and the man by beheading This was a miscarriage of justice according to the standards of Islamic law adequate evidence was not produced and the correct penalty for non Muslims was 100 lashes rather than death 72 Some schools of Islamic jurisprudence fiqh created the principle of shubha doubt According to this principle if there is room for doubt in the perpetrator s mind about whether the sexual act was illegal he or she should not receive the hadd penalty but could receive a less severe punishment at the discretion of the judge 29 Jurists had varying opinions on what counted as legitimate doubt for this purposes A typical example is a man who has sex with his wife s or his son s slave This is zina a man can lawfully have sex only with his own slave But a man might plausibly believe that he had ownership rights over his wife s or his son s property and so think that having sex with their slaves was legal The Ḥanafi jurists of the Ottoman Empire applied the concept of doubt to exempt prostitution from the hadd penalty Their rationale was that since legal sex is legitimized in part by payment the dower paid by the husband to the wife upon marriage or the purchase price of a slave a man might plausibly believe that prostitution which also involves a payment in return for sexual access was legal 73 It is important to note that this principle did not mean that such acts were treated as legal they remained offenses and could be punished but they were not liable for the hadd penalty of 100 lashes or stoning Sunni practice Edit All Sunni schools of jurisprudence agree that zinaa is to be punished with stoning to death if the offender is a free adult married or previously married Muslim muhsan Persons who are not muhsan i e a slave a minor never married or non Muslim are punished for zina with one hundred lashes in public 44 page needed 74 Maliki school of Islamic jurisprudence considers pregnancy as sufficient and automatic evidence unless there is evidence of rape Other Sunni schools of jurisprudence rely on early Islamic scholars that state that a fetus can sleep and stop developing for 5 years in a womb and thus a woman who was previously married but now divorced may not have committed zina even if she delivers a baby years after her divorce 75 They also argue that the woman may have been forced or coerced see section above Accusation process and punishment The position of modern Islamic scholars varies from country to country For example in Malaysia which officially follows the Shafi i fiqh Section 23 2 through 23 4 of the Syariah Sharia Criminal Offences Federal Territories Act 1997 state 76 Section 23 2 Any woman who performs sexual intercourse with a man who is not her lawful husband shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof Section 23 3 The fact that a woman is pregnant out of wedlock as a result of sexual intercourse performed with her consent shall be prima facie evidence of the commission of an offence under subsection 2 by that woman Section 23 4 For the purpose of subsection 3 any woman who gives birth to a fully developed child within a period of six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock Islamic Laws of Malaysia 77 Minimal proof for zina is still the testimony of four male eyewitnesses even in the case of homosexual intercourse citation needed Prosecution of extramarital pregnancy as zina as well as prosecution of rape victims for the crime of zina have been the source of worldwide controversy in recent years 78 79 Shi a practice Edit Again minimal proof for zinais the testimony of four male eyewitnesses The Shi is however also allow the testimony of women if there isat least one male witness testifying together withsix women All witnesses must have seen the act in its most intimate details i e the penetration like a stick disappearing in a kohl container as the fiqh books specify If their testimonies do not satisfy the requirements they can be sentenced to eighty lashes for unfounded accusation of fornication kadhf If the accused freely admits the offense the confession must be repeatedfourtimes just as in Sunni practice Pregnancy of a single woman is also sufficient evidence of her having committedzina 40 need quotation to verify Human rights controversy EditSee also Human rights in the Quran Muslim majority regions with zina laws against consensual premarital and extramarital sex 80 81 page needed The zina and rape laws of countries under Sharia law are the subjects of a global human rights debate 82 83 Hundreds of women in Afghan jails are victims of rape or domestic violence 79 This has been criticized as leading to hundreds of incidents where a woman subjected to rape or gang rape was eventually accused of zinaʾ and incarcerated 84 In Pakistan over 200 000 zina cases against women under its Hudood laws were under process at various levels in Pakistan s legal system in 2005 78 In addition to thousands of women in prison awaiting trial for zina related charges there has been a severe reluctance to even report rape because the victim fears of being charged with zina 85 not specific enough to verify Iran has prosecuted many cases of zina and enforced public stoning to death of those accused between 2001 and 2010 86 87 Zina laws are one of many items of reform and secularization debate with respect to Islam 88 89 In the early 20th century under the influence of colonial era many penal laws and criminal justice systems were reformed away from Sharia in Muslim majority parts of the world In contrast in the second half of the 20th century after respective independence a number of governments including Pakistan Morocco Malaysia and Iran have reverted to Sharia with traditional interpretations of Islam s sacred texts Zina and hudud laws have been re enacted and enforced 90 Contemporary human right activists refer this as a new phase in the politics of gender in Islam the battle between forces of traditionalism and modernism in the Muslim world and the use of religious texts of Islam through state laws to sanction and practice gender based violence 91 92 In contrast to human rights activists Islamic scholars and Islamist political parties consider universal human rights arguments as imposition of a non Muslim culture on Muslim people a disrespect of customary cultural practices and sexual codes that are central to Islam Zina laws come under hudud seen as crime against Allah the Islamists refer to this pressure and proposals to reform zina and other laws as contrary to Islam Attempts by international human rights to reform religious laws and codes of Islam has become the Islamist rallying platforms during political campaigns 93 94 In popular culture EditThe Stoning of Soraya M A 2008 Persian language American drama film adapted from French Iranian journalist Freidoune Sahebjam s 1990 book La Femme Lapidee regarding to a mistaken punishment of a false zina accusation See also EditIslamic criminal jurisprudence Islamic family jurisprudence Islamic sexual jurisprudence Modesty in Islam Namus Nikah mut ah Nikah urfi Ma malakat aymanukum and sex Rajm Repentance in Islam Sex and the lawReferences Edit a b c d e f g h i j 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Behaviour of LGBT PDF islam gov my Government of Malaysia Retrieved 26 July 2019 a b Clarke Morgan 2009 Islam and New Kinship Reproductive Technology and the Shariah in Lebanon Berghahn Books p 41 ISBN 9781845454326 Retrieved 13 July 2019 a b Kamali Mohammad Hashim 2019 Crime and Punishment in Islamic Law A Fresh Interpretation Oxford University Press p 94 ISBN 9780190910648 Retrieved 13 July 2019 a b Ahmed Syed 1999 Law relating to fornication Zina in the Islamic legal system a comparative study Andhra Legal Decisions p 3 71 142 a b c Peters R 2012 Zina or Zinaʾ In P Bearman Th Bianquis C E Bosworth E van Donzel W P Heinrichs eds Encyclopaedia of Islam 2nd ed Brill doi 10 1163 1573 3912 islam SIM 8168 Kamali Mohammad Hashim 2019 Crime and Punishment in Islamic Law A Fresh Interpretation Oxford University Press p 91 ISBN 9780190910648 Zuhur Sherifa Cozumler Kadinin Insan Haklari Yeni Ways Women for Women s Human Rights New 2005 Gender sexuality and the criminal laws in the Middle East and North Africa a comparative study WWHR New Ways p 45 ISBN 9789759267728 Kugle Scott Siraj al Haqq 2010 Homosexuality in Islam Critical Reflection on Gay Lesbian and Transgender Muslims Oneworld Publications ISBN 9781780740287 https islamqa info en answers 13233 description of flogging for an unmarriezd person who commits zina Peters Rudolph 2006 Crime and Punishment in Islamic Law Theory and Practice from the Sixteenth to the Twenty First Century Cambridge University Press p 53 55 ISBN 978 0521796705 a b A Quraishi 1999 Her honour an Islamic critique of the rape provisions in Pakistan s ordinance on zina Islamic studies Vol 38 No 3 pp 403 431 Peters Rudolph 2006 Crime and Punishment in Islamic Law Theory and Practice from the Sixteenth to the Twenty First Century Cambridge University Press p 63 ISBN 978 0521796705 a b c Semerdjian Elyse 2013 Zinah The Oxford Encyclopedia of Islam and Women Oxford Oxford University Press doi 10 1093 acref oiso 9780199764464 001 0001 ISBN 9780199764464 Vikor Knut S 2014 Shariʿah In Emad El Din Shahin ed The Oxford Encyclopedia of Islam and Politics Oxford University Press Gunnar J Weimann 2010 Islamic Criminal Law in Northern Nigeria Politics Religion Judicial Practice Amsterdam University Press p 77 ISBN 9789056296551 Pakistan Toughens Laws on Rape and Honor Killings of Women The New York Times Oct 6 2016 Reza Aslan 2004 The Problem of Stoning in the Islamic Penal Code An Argument for Reform UCLA Journal of Islamic and Near East Law Vol 3 No 1 pp 91 119 How Islam Views Adultery islamonline net Retrieved July 6 2020 Quran 17 32 Saalih al Munajjid Muhammad Ruling on the things that lead to zina kissing touching and being alone together Islamqa info Retrieved 13 August 2015 Quran 24 2 Quran 24 4 5 a b c Z 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 Ziba Mir Hosseini 2001 Marriage on Trial A Study of Islamic Family Law ISBN 978 1860646089 pp 140 223 Hina Azam 2012 Rape as a Variant of Fornication Zina in Islamic Law An Examination of the Early Legal Reports Journal of Law amp Religion Volume 28 441 459 2 23 413 Understanding Islamic Law By Raj Bhala LexisNexis May 24 2011 Bouhdiba Abdelwahab 1985 Sexuality in Islam Saqi Books p 288 ISBN 9780863564932 Khan Muhammad Aftab 2006 Sex and Sexuality in Islam The University of Michigan Nashriyat p 764 ISBN 9789698983048 Abiad Nisrine 2008 Sharia Muslim States and International Human Rights Treaty Obligations A Comparative Study p 136 Bukhari Book 89 Statements made under Coercion Chapter 6 If a woman is compelled to commit illegal sexual intercourse against her will sunnah com Retrieved 14 August 2015 a b Rape against Muslim Women www irfi org Retrieved 2016 01 16 a b c d Stephen O Murray and Will Roscoe 1997 Islamic Homosexualities Culture History and Literature ISBN 978 0814774687 New York University Press pp 88 94 a b c Camilla Adang 2003 Ibn Hazam on 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original on 2 April 2019 Retrieved 7 July 2019 a b Kecia Ali 2006 Sexual Ethics and Islam ISBN 978 1851684564 Chapter 4 What s the Classical Definition of Zina UNDERSTANDING ISLAM 2003 05 13 Retrieved 2017 10 10 Rudolph Peters Crime and Punishment in Islamic Law Cambridge University Press 2005 ISBN 9780511610677 ch 2 17 4194 a b c d The Legal Penalty for Fornication IslamQA IslamQA 2012 07 28 Retrieved 2016 06 13 al Ikhtiyar li ta lil al Mukhtar pp 2 311 316 a b Sengupta Somini 2003 09 26 Facing Death for Adultery Nigerian Woman Is Acquitted The New York Times ISSN 0362 4331 Retrieved 2016 06 14 Pregnancy not proof of fornication IslamToday English en islamtoday net Retrieved 2016 06 13 Qudamah Ibn Al Mughni Quran 24 13 Kerby Anderson 2007 Islam Harvest House ISBN 978 0736921176 pp 87 88 36 19 17 36 19 18 41 1 7 J Campo 2009 Encyclopedia of Islam ISBN 978 0816054541 pp 13 14 R Mehdi 1997 The offence of rape in the Islamic law of Pakistan Women Living under Muslim Laws Dossier 18 pp 98 108 Marc Baer Death in the Hippodrome Sexual Politics and Legal Culture in the Reign of Mehmed IV Past amp Present 210 2011 pp 61 91 doi 10 1093 pastj gtq062 James E Baldwin 2012 Prostitution Islamic Law and Ottoman Societies Journal of the Economic and Social History of the Orient 55 pp 117 52 Kecia Ali Marriage and Slavery in Early Islam Cambridge MA Harvard University Press JANSEN W 2000 Sleeping in the Womb Protracted Pregnancies in the Maghreb The Muslim World n 90 p 218 237 Laws of Malaysia SYARIAH CRIMINAL OFFENCES FEDERAL TERRITORIES ACT 1997 Government of Malaysia CEDAW and Malaysia Women s Aid Organization United Nations Report April 2012 page 83 85 a b Pakistan Human Rights Watch 2005 a b Afghanistan Moral Crimes Human Rights Watch 2012 Quote Some women and girls have been convicted of zina sex outside of marriage after being raped or forced into prostitution Zina is a crime under Afghan law punishable by up to 15 years in prison Ziba Mir Hosseini 2011 Criminalizing sexuality zina laws as violence against women in Muslim contexts SUR Int l Journal on Human Rights 15 pp 7 31 Haideh Moghissi 2005 Women and Islam Part 4 Women sexuality and sexual politics in Islamic cultures Taylor amp Francis ISBN 0 415 32420 3 KUGLE 2003 Sexuality diversity and ethics in the agenda of progressive Muslims In SAFI O Ed Progressive Muslims On Justice Gender and Pluralism Oxford Oneworld pp 190 234 LAU M 2007 Twenty Five Years of Hudood Ordinances A Review Washington and Lee Law Review n 64 pp 1291 1314 National Commission on the status of women s report on Hudood Ordinance 1979 Archived from the original on 2007 12 29 Rahat Imran 2005 Legal Injustices The Zina Hudood Ordinance of Pakistan and Its Implications for Women Journal of International Women s Studies Vol 7 Issue 2 pp 78 100 BAGHI E 2007 The Bloodied Stone Execution by Stoning International Campaign for Human Rights in Iran End Executions by Stoning An Appeal AMNESTY INTERNATIONAL 15 Jan 2010 Rehman J 2007 The sharia Islamic family laws and international human rights law Examining the theory and practice of polygamy and talaq International Journal of Law Policy and the Family 21 1 pp 108 127 SAFWAT 1982 Offences and Penalties in Islamic Law Islamic Quarterly vol 26 no 3 pp 149 181 Weiss A M 2003 Interpreting Islam and women s rights implementing CEDAW in Pakistan International Sociology 18 3 pp 581 601 KAMALI 1998 Punishment in Islamic Law A Critique of the Hudud Bill of Kelantan Malaysia Arab Law Quarterly vol 13 no 3 pp 203 234 QURAISHI A 1996 Her Honor An Islamic Critique of the Rape Laws of Pakistan from a Woman Sensitive Perspective Michigan Journal of International Law vol 18 pp 287 320 A SAJOO 1999 Islam and Human Rights Congruence or Dichotomy Temple International and Comparative Law Journal vol 4 pp 23 34 K ALI 2003 Progressive Muslims and Islamic Jurisprudence The Necessity for Critical Engagement with Marriage and Divorce Law In SAFI O Ed Progressive Muslims On Justice Gender and Pluralism Oxford Oneworld pp 163 189Further reading EditCalder Norman Colin Imber and R Gleave Islamic Jurisprudence in the Classical Era Cambridge U K Cambridge UP 2010 Johnson Toni and Lauren Vriens Islam Governing Under Sharia Council on Foreign Relations Council on Foreign Relations Inc 24 Oct 2011 Web 19 Nov 2011 Karamah Muslim Women Lawyers for Human Rights Zina Rape and Islamic Law An Islamic Legal Analysis of the Rape Laws in Pakistan 26 Nov 2011 Khan Shahnaz Locating The Feminist Voice The Debate On The Zina Ordinance Feminist Studies 30 3 2004 660 685 Academic Search Complete Web 28 Nov 2011 McAuliffe Jane Dammen The Cambridge Companion to the Qurʼan Cambridge UK Cambridge UP 2006 Peters R Zina or Zinaʾ a Encyclopaedia of Islam Second Edition Edited by P Bearman Th Bianquis C E Bosworth E van Donzel and W P Heinrichs Brill 2011 Brill Online UNIVERSITY OF TEXAS AT AUSTIN 17 November 2011 Peters R The Islamization of criminal law A comparative analysis in WI xxxiv 1994 246 74 Quraishi Asifa Islamic Legal Analysis of Zina Punishment of Bariya Ibrahim Magazu Zamfara Nigeria Muslim Women s League Muslim Women s League 20 Jan 2001External links EditZina prosecution in Katsina State Northern Nigeria Proceedings and Judgments in the Amina Lawal Case 2002 Sharia Law False Accusation Under Islamic Law Articles and Opinions American Muslims need to speak out against violations of Islamic Shariah law Asma Society Understanding Islamic Law From Classical to Contemporary Zina Chapter p 43 at Google Books Hisham M Ramadan Afghanistan Surge in Women Jailed for Moral Crimes Zina in Afghanistan Human Rights Watch May 21 2013 Mukhtar Mai history of a rape case Pakistan BBC News Fate of another royal found guilty of adultery Zina in Saudi Arabia The Independent 2009 UK Retrieved from https en wikipedia org w index php title Zina amp oldid 1048384111, wikipedia, wiki, book,

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