Fornication (Zināʾ)

Definition of Fornication (Zināʾ)

Fornication, referred to as zināʾ (زناء‎) in Arabic, encompasses both instances of sexual relations between unmarried individuals and adultery involving married individuals. In Islamic jurisprudence, zināʾ is a grave sin deserving of specified legal consequences.

Etymology

• Arabic: زناء‎ (Zināʾ)
• Turkish: Zinâ

The term derived from classical Arabic encompasses a wide scope of unlawful sexual relationships.

Legal Provisions

Proof and Confession

1. Proof by Witnesses: Establishing fornication requires testimony from four witnesses. Failure to provide sufficient witnesses mandates punishment for false accusation (Qazf).
2. Confession: An individual may confess to zināʾ, but the confession must be reiterated four times in front of a qāẓī (Islamic judge), explicitly detailing the act to prevent any ambiguities. A retractation of the confession at any point is permissible and must be accepted.

Punishment

• Ordinary Punishment: According to Surah 24:2-5 of the Qurʾān, the penalty for fornication is 100 stripes. For a slave, the penalty is halved.
  • Manner of Punishment:
    • For men: Administered while standing.
    • For women: Administered while sitting, with modesty preserved (not stripped).
  • Additional Measures: In certain regions, banishment may follow repeated offenses or instances of prostitution.

Scriptural Basis

Qur’anic Verses

• Surah 24:2-5 details both punishment and the prohibition of marriage between fornicators and pious Muslims.
• Key verses include:
  • Verse 2: “The whore and the whoremonger—scourge each of them with a hundred stripes…”
  • Verses 3-5: Discuss the social stigma and moral consequences of zināʾ and lay down stipulations for slander or false accusations.

Comparison with Jewish Law

• Jewish Scriptures:
  • Exodus 22:16-17: Proposes financial restitution or marriage.
  • Deuteronomy 22:25-29: Stipulates different punishments depending on whether the act was consensual or forced.

Differences Between Islamic and Jewish Laws

Islamic law differs notably from Jewish law, as specified in the Torah, which varies in its approach based on specifics such as the victim’s betrothal status and the circumstance around the act.

Further Reading

For in-depth study, consider these books:

1. “Hudood Ordinance” by Asma Jahangir and Hina Jilani.
2. “An Introduction to Islamic Law” by Wael B. Hallaq.
3. “Studies in Islamic Law” edited by Mohammad Hashim Kamali.
4. “Islamic Jurisprudence in the Classical Era” by Norman Calder.

Takeaways

1. Zināʾ carries severe legal and social repercussions under Islamic law.
2. Establishing the act requires rigorous proof mechanisms.
3. Islamic procedural and punitive measures emphasize both justice and compassion.

Conclusion

The concept of zināʾ in Islam is deeply embedded in both ethical and legal spheres, shaping the morality and societal norms within Muslim communities. Understanding these regulations necessitates appreciation of their historical and scriptural roots, forming a holistic perspective on justice and propriety in Islamic teachings.