ZINAA (ILLICIT SEXUAL GRATIFICATION)...
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INTRODUCTION
Perverted people of the modern era visualize illegal and
deviated sexual gratification as natural acts and regard marriage as an
unnecessary innovation of civilization. They seem to think that it is
perfectly natural that whenever one feels the urge, or finds the
opportunity, and two members of the same or opposite sex mutually agree,
sexual intercourse should take place, even without the presence of a deeper
spiritual bond. They do not consider such conduct to be demeaning to the
nature of man. This is indeed a wrong perception of the character of human
beings since man has. the capacity to form spiritual relationships that
transcend beyond the mere physical. Thus the humanity of man is not two
independent traits, but have to merge together to constitute his
personality. Due to their inter-dependance,
it is impossible to reject the demands of one in favour of the other.
ILLICIT SEXUAL GRATIFICATION
It is not surprising that all the revealed religions have prohibited
fornication and adultery and have fought against these crimes against
society. Islam, the last of the divinely revealed religions is very strict
in prohibiting Zina, for it leads to confusion of lineage, child abuse, the
breaking-up of families, bitterness in relationships, the spread of veneral
diseases, and a general laxity in morals; moreover, it opens the door to a
flood of lust and self-gratification. Therefore, in Islam, whatever excites
passions, opens ways for illicit sexual relations and promotes indecency and
obscenity, is prohibited.
Fornication has been defined as the disappearance of the glans penis of a
sober and sensible major (adult) person into the vagina of a woman, not his
own legally married wife, and this act not being due to any mistake or
compulsion.
The Arabic word, 'Zinaa' refers to sexual intercourse between a man and
married to each other. It therefore implies both to adultery (which implies
that one or both of the parties are married to a person or persons other
than the ones concerned) and to fornication, which in its signification,
implies that both parties, are unmarried. The English word adultery applies
to a married man or woman indulging in illicit sexual intercourse with one
who is not the legal wife or husband, while fornication implies that both
parties are unmarried. Thus Zinaa, which is a major sin in Islam, refers to
both adultery and fornication.
The following is mentioned in the Old Testamet:
"The Lord gave the following regulations. Do not have sexual
intercourse with any of your relatives. Do not disgrace your father by
having intercourse with any of his wives. Do not have intercourse with
your sister or step-sister, whether or not she was brought up in the same
house with you. Do not have intercourse with your granddaughter that will
be disgrace to you. Do not have intercourse with your aunt, whether she is
your father’s sister or your mother’s sister. Do not have intercourse with
your uncle’s wife. She is, your aunt too. Do not have intercourse with
your daughter-in-law or with your brother’s wife. Do not have intercourse
with the daughter or grand-daughter of a woman with whom you had
intercourse, they may be related to you, and that would be incest. Do not
take your wife’s sister as one of your wives, as long as your wife is
living. Do not have intercourse with a woman during her monthly period. Do
not have intercourse with another man’s wife …’
Adultery is not only shameful in itself and inconsistent with any
self-respect or respect for others, but it opens the road to many evils. It
destroys the basis of the family; it works against the interest of children
born or to be born; it may lead to murders and feuds and loss of reputation
and should it be avoided as a sin, but any approach or temptation to it
should be avoided. The Qur’aan mentions:
‘And approach not adultery, for it is a shameful deed and an evil,
opening the road to other evils.’
Compare this austere attitude of Islam with the sordid morality of the
modern-day West where sexual fidelity and discipline are quickly becoming a
thing of the past.
Zinaa is a very grievous crime. One should not even draw near it implies
that one should not even commit those actions which are done by the
preliminary impulses of lewdness as seeing a woman without legitimate
authority of Shari’ah, kissing a woman, shaking hands with a woman, etc. as
is customary in western society. This verse forbids even the preliminary
motions of lewdness also.
Islam forbids looking at a member of the opposite sex with desire; for
the eye is the key to the feelings, and the look is the messenger of desire,
carrying the message of fornication or adultery. A poet of ancient times has
said:
'All affairs begin with the sight, the raging fire a spark can
ignite'
while a contemporary poet declares:
'A look, then a smile, then a nod of the head, then a talk, then a
promise, then the warmth of the bed'
The prophet (Sallallaahu Alayhi Wasallam) considered hungry and lustful
looks at a person of the opposite sex as 'the zina' of the eyes, according
to his saying, 'The eyes also commit Zina, and their Zina is the lustful
look. He termed, 'the lustful look' Zina because it gives sexual pleasure
and gratification in an unlawful manner. This is also what Hadhrat Isa
(Jesus) (Alayhis salaam) is reported to have said in the Gospel of Matthew:
'You have heard that it was said, you shall not commit adultery. But
I say to you that everyone who so much as looks at woman with evil desire
for her has already committed adultery with her in his heart.'
(Matt.5.27-28)
Indeed such hungry and lustful looks are not merely a danger to sexual
morality but they also result in agitation of the mind and disturbed
thoughts.
The Prophet (Sallallaahu Alayhi Wasallam) declared that Zinaa is the
greatest crime after Shirk (associating partners with Allah Ta'ala):
'There is no sin after Shirk greater in the eyes of Allah than a
drop of semen which a man places in the womb which is not lawful for him.'
Fornication creates disturbance in genealogy and is the cause of many
dissensions and strife and in an evil way makes its head in society.
Once a man came to the holy Prophet (Sallallaahu Alayhi Wasallam) and
asked him to permit him to engage in fornication. The Prophet (Sallallaahu
Alayhi Wasallam) remained silent for a while, while the companions around
him rebuked the man at his discourteous and insolent questions to the
prophet. They said to him that he should control his tongue in the presence
of the Messenger of Allah and should not utter such derogatory statements.
The Prophet (Sallallaahu Alayhi Wasallam) called him near and asked him
whether he approved of this act being committed to his mother, daughter,
sister, paternal or maternal aunt. He said, 'May Allah sacrifice my life
on you, O Messenger of Allah, never!' The Prophet replied, 'Similar
is the case with others. They will greatly abhor this action being committed
to their mothers, daughters, sisters, paternal and maternal aunts.' Then
the Messenger of Allah prayed to Allah on his behalf that his heart be
purified and his shameful parts made secure. Abu Imaama mentioned that after
this prayer his condition became such that he did not cast an eye on any
strange woman.
Islam strictly abhors adultery and therefore commands the Muslims to
refrain from all those satanic temptations that encourages a person to
engage in such unlawful encounters. Even to glance at an unknown woman with
a passionate, lustful intention is also considered a sin. Similarly, the
adultery of the legs is walking towards an unlawful woman with evil
temptations, and the adultery of the hands is touching, patting and
caressing a strange woman who is prohibited to one.
PUNISHMENT FOR ZINA
The Qur’aan and Ahaadith have clearly defined the punishment to be meted
out to those committing Zina. Because the Arabs were steeped in the vice of
Zinaa is the days of ignorance, the Qur’aan transformed this unhealthy
environment, accommodating the new converts in a gradual process over a
length of time. The first injunction was directed towards the women
restricting those guilty of Zinaa to their homes until death. Allah Ta’ala
declares:
'If any of your women are guilty of adultery, take the evidence of
four (reliable) witnesses from amongst you against them; and if they
testify, confine them to their houses until death do claim them, or Allah
Ta’ala ordains for them some other way.'
Here it must be emphasized that the overwhelming majority of the
commentators of the Qur’aan are of the opinion that the word ‘Faahishah’
refers to adultery or fornication.
Thereafter, divine revelation was directed towards both men and women
regarding their punishment:
'If two persons among you are guilty of adultery, punish them both.
If they repent and amend, leave them alone, for Allah is Oft-Returning,
Most Merciful'.
The third injunction categorically and specifically defined the
punishment to be meted out to the offenders:
'The woman and the man guilty of adultery or fornication, flog each
one of them with a hundred stripes; let not compassion move you in their
case, in a matter prescribed by Allah, if you believe in Allah Ta’ala and
the Last Day and let a party of believers witness their punishment.'
If you believe firmly in Allah Ta'ala, you should not hesitate a little
in the promulgation and execution of His Laws and Commandments. You should
not diminish the punishment of the culprit feeling merciful upon him, nor
should you withdraw the punishment, not should you devise a very light form
of punishment which may mar its punitive aspect totally. You should
understand very well that Allah Ta'ala is All-Wise and is Kinder to His
servants than you. His order, whether lenient or severe, is not devoid of
wisdom and mercy for the collective creatures of the universe.
The punishment should not be given in solitary confinement, should be
administered before an assembly of Muslims because in that humiliation there
is the perfection and publicity of the punishment, and a source of lesson
for the on lookers.
Here a misconception may arise that as in the case of fornication, the
punishment of adultery too, has also been restricted to a hundred lashes,
since the Qur’aan remained silent on Rajm (stoning to death). This
misunderstanding has been clarified by the following Hadith:
'Take it from me, accept it from me, undoubtedly Allah has now shown
a path for them (adulterers). For unmarried persons (guilty of
fornication), the punishment is one hundred lashes and an exile for one
year. For married adulterers, it is one hundred lashes and stoning to
death.'
Hadhrat Umar (Radhiallaahu Anhu) also predicted anti-Rajm
sentiments in future generations: Ibn Abbaas (Radhiallaahu Anhu)
reported, 'Umar said, 'I am afraid that after a long time has passed, people
may say, ‘We do not find the verses of rajm (stoning to death) in the Book
of Allah', and consequently they may go astray by leaving an obligation that
Allah Ta’ala has revealed. Lo! I confirm that the penalty of rajm be
inflicted on him who commits illegal sexual intercourse if he is already
married and the crime is proved by witnesses or pregnancy or confession.'
Some scholars are of the opinion that an offender who is going to be
stoned to death, need not be punished with a hundred lashes, citing the
incidence where the Prophet (Sallallaahu Alayhi Wasallam) stoned two
Jewish adulterers and withheld lashing them. some jurists are of a contrary
opinion maintaining that Khalif Ali (Radhiallaahu Anhu) punished a
woman with lashes on a Thursday and stoned her on a Friday. His explanation
was that she was lashed in accordance with Qur’aanic injunction and stoned
in keeping with Prophetic compulsion.
Anyone who has been accused of Zinaa, has to be proven guilty by one of
these four conditions:
a) Four
eye witnesses
b) Self
confession
c) Circumstancial
evidence, e.g. an unmarried woman becomes pregnant
b) Li'aan, i.e. each
of the spouses curses himself/herself in the even of his/her allegation of
adultery is incorrect and curses the other if the allegation against him/her
is fabricated.
Last modified:
July 19, 2007
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