Zinā
Zinā ( Arabic زنا, DMG zinā , adultery ') in Islam refers to sexual intercourse between people who are not married and who are not in a cohabiting relationship (master and slave ) with one another. Zina is considered a crime. It is subject to what is known as a hadd penalty . The punishments range from banishment and flagellation to the death penalty . This is currently being done for Zina in Pakistan , Afghanistan , Sudan , Yemen , Saudi Arabia and Iran . Stoning ( radschm ) is practiced in the latter two countries . Also prostitution and homosexual intercourse is punishable as Zina.
light green stoning and other hadd punishments
dark green punishment under common and criminal law
Zinā in the Koran
The Koran describes Zina as "something hideous - a bad practice" ( Sura 17:32). Sura 4 states that four (male) witnesses are required for the evidence. The punishment provided there for women of imposing in the house until death or until a divine escape is considered abrogated by Sura 24 , Verse 2. There it says:
“If a woman and a man commit fornication, give each of them a hundred lashes! And in view of the fact that (this criminal ordinance) is about the religion of God, do not be gripped by compassion for them if (otherwise) you believe in God and the last day! And a group of believers (as witnesses) should be present when they are punished. "
The Koranic rule from the following verse, according to which men and women who have committed zina, are only allowed to marry a pagan partner or a partner who is also guilty of zina, is generally considered to be repealed.
Zinā in the Sunnah
In contrast to the Koran, the traditional sayings and deeds of the Prophet Mohammed ( Sunna ) tell of stoning as a punishment for Zina. Accordingly, in one case, Mohammed condemned the man to be flogged and exiled and had the woman stoned. Other traditions tell of a stoning verse that is said to have originally been part of the Koran.
Zinā in Islamic law
A prerequisite for the determination of guilt is either a confession or the testimony of four male Muslim witnesses. The confession can be withdrawn. Witnesses are required to report only what they actually saw, which makes it difficult to provide evidence. The penalty for “defamation for alleged fornication” ( qadhf ) is 80 lashes. If the husband accuses his wife of fornication, no further witnesses are required. He has to repeat the accusation four times and the fifth time to invoke God's curse in the event of a lie. The accused wife can reject the accusation in the same way. This oath of curse ( li'ān ) gives the husband the opportunity to accuse his wife of zina with impunity. The law knows no other possibilities of proof. Only the Maliki law school allows the pregnancy of an unmarried woman as circumstantial evidence.
When determining the degree of punishment, Islamic law differentiates between people who are must and who are not. The law defines muḥṣan as a person who is of age and sane. Furthermore, such a person cannot be a slave and must have had conjugal intercourse. For those who meet these conditions, stoning is the designated punishment for zina. People who are not compulsory receive 100 lashes and are banned for one year. In the case of slaves, the duration and number of lashes ( darb ) is halved. Above all, Mālik ibn Anas saw the conduct of Umar ibn al-Khattab , who had a married woman who had confessed to adultery stoned, as the normative basis for the stoning sentence for adultery.
When it comes to homosexual intercourse, the law schools have different rules. Shāfiʿites and Hanbalites differentiate between the active and the passive partner. The Hanafi school of law provides for the so-called taʿzīr punishment, which is at the discretion of the judge. The other law schools set stoning, flogging and exile as punishments.
The term "zina" in Turkish law
In Turkish divorce law , zina denotes the offense of adultery . In today's Turkish legal practice, however, in line with secularism , the word has completely lost its relation to religion and can therefore only be indirectly connected with the Zina described here in Islamic law.
literature
- Rita Breuer : love, guilt and shame. Sexuality in Islam . Herder, Freiburg 2016, ISBN 978-3-451-35148-8 .
- R. Peters in: The Encyclopaedia of Islam . New Edition. Brill, suffering. Keyword: "Zina"
- John Burton: The Sources of Islamic Law. Islamic theories of abrogation. Edinburgh 1990. pp. 127-158.
Individual evidence
- ^ Konrad Dilger: tendencies of legal development. In: Ende / Steinbach: Islam in the Present. Munich 1984, p. 188.
- ↑ a b c d The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 11, p. 508 ("Zinā")
- ↑ Khoury / Hagemann / Heine: Islam-Lexikon AZ: Keyword criminal law.
- ^ Concise dictionary of Islam. Leiden 1976, p. 724.
- ^ The Encyclopaedia of Islam. New Edition. Brill, suffering. Vol. 7, p. 474 ("Muhsan")
- ↑ See Burton 127f.