Zina

Zina (Arabic: الزنا‎ ) is the Arabic word for "unlawful sexual relations." Zina, according to traditional Islamic jurisprudence, can include adultery^[1][2][3] (of married parties), fornication^[1][2][3] (of unmarried parties), prostitution,^[4] rape,^[5] sodomy^[1][6] (in a heterosexual or homosexual context^[7][6]), incest,^[8][9] and bestiality.^[1][10]

The Islamic definition of Zina differs from the commonly used definition of "adultery" in English. The meaning also differs in relation to gender under traditional Islamic jurisprudence.

Males

Adultery is the consensual sex with a woman who does not qualify as one of the following:

1. His wife
2. His concubine
3. His slave^[11][12]

A Muslim man is permitted to have up to four wives^[13] and an unlimited number of concubines and slave girls (whether he is married or not)^[14].

Females

Adultery is the consensual sex with a man who does not qualify as one of the following:

1. Her husband
2. Her master

A Muslim woman can only have one husband at a time. She may not have sex with her male slaves.^[15] She must have consent from her guardian (usually her parents) to the marriage, if not, sex between the couple is classed as adultery.^[16]

Punishments for Zina

The Quran prescribes the punishment of 100 lashes for men and women guilty of zina.

For believing slave girls who their male masters are permitted to marry, the punishment is half that of free women i.e. 50 lashes.

A hadith in Sahih al-Bukhari narrates the story of a male labourer who commited zina with his master's wife and received 100 lashes and exile. It does not state whether or not he was married.

In Islamic law, if either party who commits zina is married, that person (male or female) receives a much harsher punishment - being stoned to death. The stoning punishment is not present in the Quran, but is based rather on hadiths (see stoning). On this basis the Quranic punishment of 100 lashes was interpreted as applying to either party only if they are unmarried.

In order to carry out the hadd punishment for zina (lashings or stoning to death) there must be either four reliable muslim male witnesses to the alleged offence or a confession. Pregnancy of an unmarried woman is also considered proof of zina unless she says she was raped, in which case she is spared punishment (though for the Maliki school of jurisprudence further evidence to prove coercion is required from her physical state or a witness who heard her cry for help).^[17][18]

The four witnesses requirement comes from the early part of Surah al Nur:

A few verses later the surah turns into a rant about an alleged incident for which four witnesses were not presented. According to tradition these verses refer to the incident of al-Ifk (the slander) in which Muhammad's wife Aisha was accused of adultery. Critics might infer here that the four witnesses requirement at the start of the surah was introduced by Muhammad for the sake of sparing Aisha from suspicion and punishment.

In Saudi Arabia today, if a female is raped but cannot prove it, she may be accused of khilwa (mingling)^[19] or she may be deemed to have confessed to unlawful sex (zina) and prosecuted for that instead.^[20]

See Also

• Adultery - A hub page that leads to other articles related to Adultery

References