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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. | 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: | Adultery is the consensual sex with a woman who does not qualify as one of the following: | ||
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#His slave<ref>''"The believers must (eventually) win through,- Those who humble themselves in their prayers; Who avoid vain talk; Who are active in deeds of charity; Who abstain from sex, Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame, But those whose desires exceed those limits are transgressors;- "'' - {{Quran-range|23|1|7}}</ref><ref>''"And those who guard their chastity, Except with their wives and the (captives) whom their right hands possess,- for (then) they are not to be blamed, "'' - {{Quran-range|70|29|30}}</ref> | #His slave<ref>''"The believers must (eventually) win through,- Those who humble themselves in their prayers; Who avoid vain talk; Who are active in deeds of charity; Who abstain from sex, Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame, But those whose desires exceed those limits are transgressors;- "'' - {{Quran-range|23|1|7}}</ref><ref>''"And those who guard their chastity, Except with their wives and the (captives) whom their right hands possess,- for (then) they are not to be blamed, "'' - {{Quran-range|70|29|30}}</ref> | ||
A Muslim man is permitted to have up to four wives<ref>''"If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. "'' - {{Quran|4|3}}</ref> and an unlimited number of concubines and slave girls<ref>''"(Indeed We know what We have enjoined upon them about their wives) means, `concerning the limiting of their number to four free women, and whatever they wish of slave-girls"'' - [http://www.tafsir.com/default.asp?sid=33&tid=41951 Tafsir Ibn Kathir - Quran 33:50]</ref>. | A Muslim man is permitted to have up to four wives<ref>''"If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. "'' - {{Quran|4|3}}</ref> and an unlimited number of concubines and slave girls (whether he is married or not)<ref>''"(Indeed We know what We have enjoined upon them about their wives) means, `concerning the limiting of their number to four free women, and whatever they wish of slave-girls"'' - [http://www.tafsir.com/default.asp?sid=33&tid=41951 Tafsir Ibn Kathir - Quran 33:50]</ref>. | ||
==Females== | ==Females== | ||
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#Her master | #Her master | ||
A Muslim woman can only have one husband at a time. | A Muslim woman can only have one husband at a time. She may not have sex with her male slaves.<ref>[http://www.englishtafsir.com/Quran/23/index.html#sdfootnote7sym - Sayyid Abul Ala Maududi - Tafhim al-Qur'an (Quran 23:1-11, Footnote 7 #2)]</ref> She must have consent from her guardian (usually her parents) to the marriage, if not, sex between the couple is classed as adultery.<ref>''"It was narrated from Abu Hurairah that: the Messenger of Allah said: “No woman should arrange the marriage of another woman, and no woman should arrange her own marriage. The adulteress is the one who arranges her own marriage.” (Sahih)"'' - Ibn Majah Vol. 3, Book 9, Hadith 1882</ref> | ||
==Punishments for Zina== | |||
The Quran prescribes the punishment of 100 lashes for men and women guilty or zina. | |||
{{Quote|{{Quran|24|2}}|The adulterer and the adulteress, scourge ye each one of them (with) a hundred stripes. And let not pity for the twain withhold you from obedience to Allah, if ye believe in Allah and the Last Day. And let a party of believers witness their punishment.}} | |||
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. | |||
{{Quote|{{Bukhari|3|49|860}}|''"Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death."''}} | |||
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]]). | |||
In order to carry out the penalties for zina, there are certain evidentiary requirements. There must be either four witnesses to the alleged offence, a confession, or pregnancy.<ref>[https://islamqa.info/en/answers/6926/how-can-zinaa-be-proven How can zinaa be proven (Fatwa 6926)]- Islamqa.info</ref> | |||
In Saudi Arabia today, if a female is raped but cannot prove it, she may be accused of khilwa (mingling)<ref>{{cite web |year=2007 |title=Saudi Arabia: Rape Victim Punished for Speaking Out |url=https://www.hrw.org/news/2007/11/15/saudi-arabia-rape-victim-punished-speaking-out/|publisher=HRW}}</ref> or she may be deemed to have confessed to unlawful sex (''zina'') and prosecuted instead.<ref>[https://www.hrw.org/news/2022/04/29/saudi-arabia-forthcoming-penal-code-should-protect-rights Saudi Arabia: Forthcoming Penal Code Should Protect Rights] - Human Rights Watch 29 April 2022</ref> | |||
==See Also== | ==See Also== | ||