Adultery/Fornication:-
Arabic Zina'. The word zina' includes both fornication with an unmarried person and adultery with a married person.
Zina in Arabic is from the Hebrew: Zana; except that in Hebrew it only pertains to fornication and NOT adultery.
The sin of fornication must be established, as in the case of adultery, either by proofs or by confession.
To establish it by proof, four witnesses are required, and if any person brings an accusation against a woman of chaste reputation and fails to establish it, he must be punished with eighty stripes.
When a person for conscience sake confesses the sin of fornication, the confession must be repeated four times at four different appearances before a qazi (judge), and the person confessing must be very exact and particular as to the circumstances, so that there can be no mistake. A self-accused person may also retract the confession at any period before, or during, the infliction of the punishment, and the retraction must be accepted.
The punishment for fornication is one hundred stripes (or fifty for a slave). The scourging to be inflicted upon a man standing and upon a woman sitting; and the woman is not to be stripped. It should be done with moderation, with a strap or whip which has no knots upon it, and the stripes should be given not all upon the same part of the body. [Dirrah]
In some countries banishment is added to the punishment of scourging for fornication, especially if the sin is often repeated, so as to constitute common prostitution. The law is founded upon the following verse in the Quran-
The Muhammadan law differs from the Torah (and Jewish Traditions) with regard to fornication as in:
Exodus 22: 16-17 "If a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins
Deut. 22: 25-29 "If a damsel that is a virgin be betrothed unto a husband, and a man find her in the city and lie with her, then ye shall bring them out unto the gate of the city, and ye shall stone them with stones that they die; the damsel because she cried not, being in the city, and the man because he hath humbled his neighbor's wife; so shalt thou put away evil from among you.
But if a man find a betrothed damsel in the field, and the man force her to lie with him, then the man only that lay with her shall die. But unto the damsel shalt thou do nothing; there is in the damsel no sin worthy of death....If a man find a damsel that is a virgin, which is not betrothed and lay hold on her, and lie with her, and they be found, then the man that lay with her shall give unto the damsel's father fifty shekels of silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days."
*** In the tradition of the Jews, FORNICATION - between two unmarried people - is not punishable with death but with financial restitution or marriage.
In the case of the RAPE of a MARRIED woman, only the male rapist is stoned to death.
In the case of the RAPE of an UnMARRIED woman, then the rapist is made to pay a financial penalty and must marry his victim and keep her as wife until death.
In the case of ADULTERY, BOTH the male and female are stoned to death ***
4: 15 If any of your women are guilty of lewdness take the evidence of four (reliable) witnesses from amongst you against them; and if they testify confine them to houses until death do claim them or Allah ordain for them some (other) way.
# 523 Most commentators understand this to refer to adultery or fornication; in that case they consider that the punishment was altered by the later verse, xxiv. 2.
524 To protect the honor of women, stricter evidence is required, i.e., the evidence of four instead of the usual two witnesses. It is the same for adultery (see xxiv. 4.)
525 Keep them in prison until some definite order is received. Those who take the crime to be adultery or fornication construe this definite order ("some other way") to mean some definite pronouncement by the Prophet under inspiration; this was the punishment of flogging under xxiv. 2, for fornication, and stoning to death under the Prophet's directives for
adultery #
4: 16 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.
*** In the case of lewd men, it means a homosexual act. There are no EXPLICIT rules of punishment for homosexuality (either between men or betweem women) in the Quran.
There are Quranic verses regarding the story of Lot (7:80-84; 11:78-81; 26:160-175; 27:55-57; 29:28-31) that are plagairised and modified from the Bible which by implication assert that Allah punished the evil doers and NOT man.
The reason that the followers of Muhammad EXECUTE homosexuals is because they rely on the rules ordained in the Hebrew Bible as given by the Almighty to Moses ***
17: 32 Nor come nigh to adultery [zina] : for it is a shameful (deed) and an evil opening the road (to other evils).
24:2-5 "The whore [Zaniatu] and the whoremonger [Zani] - scourge each of them with an hundred stripes; and let not compassion keep you from carrying out the sentence of Allah , if ye believe in Allah and the last day; And let some of the faithful witness their chastisement." …"The whoremonger shall not marry other than a whore or an idolatress; and the whore shall not marry other than a whoremonger or an idolater. Such alliances are forbidden to the faithful." …"They who defame virtuous women, and bring not four witnesses, scourge them with fourscore stripes, and receive ye not their testimony for ever, for these are perverse persons - …Save those who afterwards repent and live virtuously; for truly Allah is Lenient, Merciful!"
25: 68 Those who invoke not with Allah any other god nor slay such life as Allah has made sacred except for just cause not commit fornication and any that does this (not only) meets punishment
Sunan of Abu-DawoodHadith 4412 Narrated byAbdullah ibn Abbas
Ma'iz ibn Malik came to the Prophet (peace be upon him) and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. But he drove him away. He then came and admitted fornication twice. He (the Prophet) said: You have testified to yourself four times. Take him away and stone him to death.
Sunan of Abu-DawoodHadith 4423 Narrated bySahl ibn Sa'd
A man came to the Prophet (peace be upon him) and confessed before him that he had committed fornication with a woman whom he named. The Apostle of Allah (peace be upon him) sent for the woman and asked her about it. But she denied that she had committed fornication. So he inflicted the prescribed punishment of flogging on him, and let her go.
Sunan of Abu-DawoodHadith 4424 Narrated byJabir ibn Abdullah
A man committed fornication with a woman. So the Apostle of Allah (peace be upon him) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.
Al-Muwatta Hadith
Hadith 41.16
The Hadd for Fornication
Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, -Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication."
