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.

:

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.

The Position of Wealth in Islam?[FIQH MUA'MALAH]

FIQH MUAMALAH.

:: WEALTH in ISLAM:

Wealth is something that is valuable, profitable, and interest that could be used by people in their daily activities. In discussing the basis of wealth, does wealth includes haq and manfaah? There are two views as regards to this. Firstly, according to the Hanafis view, right and manfaah is not regarded as properties. Secondly, according to Jumhur, Human has no absolute right upon their property, in fact they only possess an exclusive right. As for that, in Islam there are restrictions for utilising the property.

First of all human is only trustee to the property, as the real owner of the property is Allah SWT. Secondly, wealth is only the tool of life and not the purpose of life. That is why, people must seek wealth for their daily use, but they must ensure that it is meant for good purpose and not for ma’siah. Islam allows people to own property; however they must balance it by paying zakah. For the reason that, when one owns property he or she must share it with others as in their property there is portion prescribed for other people. Sharing might be through sadaqah, waqf, wasiah etcetera.thirdly, once a person has possessed wealth, he must perform haj. It would be not good if someone who is wealthy do not go and perform the haj since performing haj is one of the pillars of islam. Moreover, it is obligatory upon muslim to go to pilgrimage if they have enough property and has the ability and the capability.

Property can be divided into five types. There are, mal mutaqawwim and ghair mutaqawwim, mal mithli and mal qimi, mal isti’mali and mal istikhlaki, mal ain and mal naf’.

::The right of poor and handicapped::

Before this, we have already discussed the basics of property and wealth. As what has been mentioned before, in the property of a Muslim, there are the rights of other people in their property. This includes the poor and the handicapped. It is not good for us to undermine those unlucky people. It needs to be realized that, they are being tested by Allah through poverty also through the incapability. But this doesn’t mean they cannot be attained wealth. That is why we need to lend them a hand.

As promised in the Quran, “ Allah will deprive usury of all blessings, but will give increase for deeds of charity.” Thus, Islam lays great stress on the relief of poverty by the rich:

“The poor and the unfortunate have a right in their (the rich peoples’) property. “

The holy Quran reminds us that in the past time, many nations were destroyed because the rich did nothing to better the condition of the poor, tried to keep them in the state of poverty, and treated them with disrespect and indignity. The prophet Nuh also had reminded his people to help enriching the poor. However, he was told by them:

“Does your religion demand of us that we should give up worshipping what our fathers worshipped and what we should not be free to do whatever we like with our wealth and poverty?”

This clearly shows that in all ages the prophet had always preached their people to spend a portion of their money to the poor and not to freely use and spend their wealth as they like. Even our holy prophet SAW, was a great friend of the poor and treated them with great respect and kindness.according to the prophet Zakah is not the only institution to relieve poverty, even after the payment of zakah his duty towards the unfortunate community has not ended. He is still has to help the poor and the needy.

A hadith of the prophet says:

“if a man brings up and educates an orphan, he will be as near the paradise as the fingers of a hand are near to each other.”

In another hadith:

“ a man who helps and spends his time and money in looking after widows and the poor, holds the same position in the yes of Allah as one who fights in the holy war or fasts every day and prays the whole night over a number of years.”