Zina

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In Islamic law, Zina (Arabic: ?????? ) is extramarital sex and premarital sex. Islamic law prescribes punishments for Muslim men and women for the act of Zina.

Islamic law considers this prohibition to be for the protection of men and women and for the respect of marriage. Zina is considered one of the great sins in Islam.

Verses 24-2,3 says: "The woman and the man guilty of adultery or fornication flog each of them with 100 stripes." "The adulterer shall not marry save an adultress, and the adultress shall not marry save an adulterer or an idolater All that is forbidden unto believers." Clearly the punishment is not lethal since the adulterers and adulteresses can marry subsequently.

The most accepted collection of Hadith Sahih al Bukhari has 4 entries under 3829, 8804, 8805 and 8824 which refer to stoning by death. The case under 4829 involved Jews who were stoned to death in accordance with the Law of the Torah (not the Koran). 8805 says: "A married man from the tribe of Bani Aslam who had committed illegal sexual intercourse and bore witnesses four times against himself was ordered by Mohamed to be stoned to death". 8804 and 8824 overlap each other. And in both the narrator acknowledges his ignorance of whether the stoning to death was carried out before or after the revelation of Quranic Verse 24-2.

The Hadith is very clear but is silent on the question whether stoning to death was ordered by the islamic prophet Mohamed before or after the revelation of the Verse 24-2.

It is well known that the Quran was revealed in stages over 23 years. Until revelation on a specific point was received by the Prophet, he followed the law of Moses or the traditions of Abraham but once a revelation was received, there was no question of his substituting it by his own will or by the law of Moses. In any case, there is no record in Sahih al Bukhari or any other accepted compendium of the traditions of Muhammad of another Rajm (death by stoning) carried out under the command of Muhammad.

Some scholars support 'Rajm' by attributing a statement to the second Caliph Omar that a revelation on the subject had been received but had been lost. It is generally accepted that the Quran was compiled in its present form during the period of the third Caliph Othman. Some scholars maintain that the compilation was already available during the life-time of the Prophet or during the Caliphate of the first Caliph Abu Bakr.

Hence there is an obvious discrepancy and the statement attributed to Caliph Omar needs to be rejected for being prima facie erroneous. And also because it is the firm faith of the Muslims that the Quran includes every word that was revealed by Allah to the Prophet and not a word has been lost or added to the revelation.

The term zina signifies voluntary sexual intercourse between a man and a woman not married to one another, irrespective of whether one or both of them are married to other persons or not: hence, it does not - in contrast with the usage prevalent in most Western languages - differentiate between the concepts of "adultery" (i.e., sexual intercourse of a married man with a woman other than his wife, or of a married woman with a man other than her husband) and "fornication" (i.e., sexual intercourse between two unmarried persons).

Punishment

Some believe that punishment for adultery according to the Qur'an is noted in Surah 24 (An-Núr), Verse 2:

"The woman and the man guilty of adultery or fornication - flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment." -Qur'an, [Qur'an 24:2]

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