ZINA..the GREAT CRIME

FIQH MUA’MALAH: ZINA the GREAT CRIME

Fiqh Muamalah is the Islamic laws that regulate the relations among humans being and all their acts and interconnections.

One type of Fiqh Mua’malah is a law that is related to crimes. Nowadays Zina or adultery is a well-known crime that is being committed by Muslims. This is a very serious offence, as in this modern era people tend to forget the prohibition.

What is zina? Zina means sexual intercourse between a man and a woman who are not married to each other. It is not material whether it is with the consent of the parties or not. Zina applies to both, fornication and adulteries, that means be it between two married parties or between unmarried parties. In the eyes of Islam, Zina is a great sin as it will open the gate to many shameful acts. Zina can destroy the family foundation, may leads to disputes or even murder, can ruins the reputation and property and through zina, diseases in the form of spiritual and physical may be easily spread like AIDS, Syphilis etcetera.

The Quran enjoins upon people:

“Do not come nearer to adultery for it is shameful(deed) and an evil, opening the road (to other evils).”

The Prophet declared in the Hadith that Zina is the greatest sin after shirk (associationisms). He says:

“There is no sin after associationism greater in the eyes of Allah that a drop of semen which is places in the womb which is not lawful for him.”

From the hadith it is undoubted that, zina is a very immense sin. If zina is allowed it will kill the harmony in the society and the unity of the ummah will be disrupted. For this reason, Islam reserves a harsh and severe punishment under the penal law of Islam and great agony in the hereafter.

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Punishment for Zina::

Definitely, the punishment for Zina is Hadd punishment. Had punishment has been mentioned in the Qura’n and the Sunnah. The commands in the Quran were revealed step by step or gradually.

The first revelation, talked about the punishment that is confining only the woman guilty of sexual offences in their houses until they died. It said:

“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 houses until death do claim them, or Allah ordains for them some (other) way.”

The second revelation came together with specific punishments for Zina:

“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 revelation:

“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 and the Last Day and let a party of believers witness their punishment.”

The punishment of 100 lashes was enumerated in the Hadith of the Prophet:

“Take from me accept from me, Undoubtedly Allah has now shown path for them{adulterers). For unmarried persons (guilty of fornication), the punishment is one hundred lashes and exile for one year. For married adulterers, it is one hundred lashes and stoning to death.”

Nevertheless, there are conditions that need to be fulfilled before the punishment of stoning to death is executed:

~ the offender must be sane

~he must be a Muslim

~he must be married

~he must have reached the age of puberty

~he must be a free man and not a slave

Every Muslim must be aware that Zina is prohibited in Islam. Zina is influenced by satanic lust. To abhor oneself from Zina he or she must put a shield to themselves that is by obeying Allah’s command. Allah is always with us. As long as we obey Him and instill Taqwa in ourselves, with Allah’s willing we will not go astray.