Adultery (Zināʾ) - Definition, Etymology, and Implications in Islam
Definition and Etymology
Adultery, referred to as Zināʾ (زناء) in Arabic, encompasses both adultery (engaging in sexual relations where at least one party is married) and fornication (engaging in sexual relations without being married). The term zināʾ finds its root in classical Arabic and has profound legal and moral implications within Islamic jurisprudence.
Turkish Translation: Zinā
Legal Definition and Proof
In Islamic law, adultery is a grave offense, and its establishment before a Qāẓi (Islamic judge) can occur through either proof or confession. The proof requires the testimony of four witnesses, as stipulated in the Qurʾān (Sūrah An-Nisāʾ 4:15), where the witnesses must describe the act of carnal conjunction in explicit terms. If the testimony of the witnesses is found credible and complete, the Qāẓi will pass the sentence accordingly.
Confession
A confession must be made voluntarily and repeated four times according to most schools of Islamic thought. However, Imām ash-Shāfiʿī opines that a single confession is sufficient. Additionally, if the person retracts their confession, it must be accepted, and they are to be released.
Punishments
Initially, during the early period of Prophet Muhammad’s mission, women found guilty of adultery were imprisoned in their homes until death or until God made another way for them (Qurʾān, Sūrah An-Nisāʾ 4:15). This was later abrogated and replaced by the punishment of stoning (lapidation) for married individuals guilty of adultery and 100 lashes plus a year’s banishment for fornication.
Execution of Punishment
When administering the punishment of stoning, it is carried out in a barren place:
- Initially by the witnesses.
- Followed by the Qāẓi.
- Then by the by-standers.
For women, a hole as deep as the waist should be dug to hold the condemned, based on the precedent set by Prophet Muhammad in the case of Ghāmīdia.
Exemptions and Specific Conditions
Certain individuals are exempt from the harsh punishments stipulated:
- Supreme rulers like the K͟halīfah are not subjected to the same punishments.
- The individual must be a free Muslim and should have consummated a lawful marriage.
A quantitative and qualitative conditions determine the application of this law: the person involved must be free (not a slave), a Muslim, and in a lawful marriage.
Comparative Perspective with Other Abrahamic Traditions
Islamic rulings on adultery closely mirror the Mosaic Law’s stipulations found in the Jewish Torah (Deuteronomy 23:22, Leviticus 19:20). However, Mosaic Law also applies to betrothed women, expanding the scope of the offense.
Suggested Readings for Further Study
- “The Spirit of Islamic Law” by Bernard G. Weiss
- “Islamic Law: Its Scope and Equity” by Ahmad Hasan
- “The Penal Law of Islam” by Said Ramadan
Takeaways and Conclusion
Adultery or zināʾ has serious legal and moral ramifications in Islam. The requirement of witness testimonies and confessions, along with severe penalties, demonstrates the significant emphasis Islam places on marital fidelity. The Islamic legal framework shares similarities with Judaic laws, portraying a continuum of thought within Abrahamic traditions.
Understanding these intricate legal proceedings and the gravity of the punishments elucidates the deeply rooted values in Islamic traditions surrounding sexuality and marital fidelity.
By exploring the roles and nuances of adultery within Islamic law, individuals can grasp the interplay of religion, law, and moral ethics that underpin Islamic society and its worldview on marital sanctity.
