Zina
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Zina
''Zināʾ'' () or ''zinā'' ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, ''zina'' can include adultery, fornication, prostitution, rape, sodomy, incest, and bestiality. ''Zina'' must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later. The offenders must have acted of their own free will. Rapists could be prosecuted under different legal categories which used normal evidentiary rules.A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on ''zina'', ''Islamic studies'', Vol. 38, No. 3, pp. 403–431 Making an accusation of ''zina'' without presenting the required eyewitnesses is called ''qadhf'' (), which is itself a ''hudud'' offense. There are very few recorded examples of the stoning penalty for ''zinā'' being implemented legally. Prior to legal reforms introduced ...
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Hudud
''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam,Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. The offenses incurring ''hudud'' punishments are ''zina'' (unlawful sexual intercourse such as fornication), unfounded accusations of ''zina'', drinking alcohol, highway robbery, and some forms of theft. Jurists have differed ...
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Hudood Ordinances
The Hudood Ordinances (Urdu ; also Romanized Hadood, Hadud, Hudud; singular form is ''Hadh'' or ''hadd'') are laws in Pakistan that were enacted in 1979 as part of then military ruler Zia-ul-Haq's "Islamisation" process. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1296 Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1292 After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill. The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for ''zina'' (extramarital sex), ''qazf'' (false accusation of ''zina''), theft, and consumption of alcohol. The system provided for two kinds of offences — ''hadd ...
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Stoning
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times. The Torah and Talmud prescribe stoning as punishment for a number of offenses. Over the centuries, Rabbinic Judaism developed a number of procedural constraints which made these laws practically unenforceable. Although stoning is not mentioned in the Quran, classical Islamic jurisprudence (''fiqh'') imposed stoning as a '' hadd'' (sharia-prescribed) punishment for certain forms of ''zina'' (illicit sexual intercourse) on the basis of hadith (sayings and actions attributed to the Islamic prophet Muhammad). It also developed a number of procedural requirements which made ''zina'' difficult to prove in practice. Stoning appears to have been the standard method of capital punishment in ancient Israel. Its use is attested in the early Christian era, but Jewish ...
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Stoning Of Woman
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times. The Torah and Talmud prescribe stoning as punishment for a number of offenses. Over the centuries, Rabbinic Judaism developed a number of procedural constraints which made these laws practically unenforceable. Although stoning is not mentioned in the Quran, classical Islamic jurisprudence (''fiqh'') imposed stoning as a ''hadd'' (sharia-prescribed) punishment for certain forms of ''zina'' (illicit sexual intercourse) on the basis of hadith (sayings and actions attributed to the Islamic prophet Muhammad). It also developed a number of procedural requirements which made ''zina'' difficult to prove in practice. Stoning appears to have been the standard method of capital punishment in ancient Israel. Its use is attested in the early Christian era, but Jewish c ...
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Fornication
Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adultery. Nonetheless, John Calvin viewed adultery to be any sexual act that is outside the divine model for sexual intercourse, which includes fornication. For many people, the term carries an overtone of moral or religious disapproval, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. In modern usage, the term is often replaced with more judgment-neutral terms like ''premarital sex'', ''extramarital sex'', or ''recreational sex''. Etymology and usage In the original Greek version of the New Testament, the term ''porneia'' (πορνεία – " prostitution") is used 25 times (including variants such as the genitive πορνείας). In the late 4th century, the Latin Vulgate, a Latin translation ...
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LGBT In Islam
Attitudes toward lesbian, gay, bisexual, and transgender (LGBT) people and their experiences in the Muslim world have been influenced by its religious, legal, social, political, and cultural history. The Quran narrates the story of the "people of Lot" destroyed by the wrath of God because the men engaged in lustful carnal acts between themselves, but modern historians have concluded that the Islamic prophet Muhammad never forbade homosexual relationships outright, although he disapproved of them in line with his contemporaries. At the same time, "both the Quran and the ''hadith'' strongly condemn homosexual activity"; with some ''hadith'' prescribing the death penalty for those engaged in male homosexual intercourse. There is little evidence of homosexual practice in Islamic societies for the first century and a half of the early history of Islam (7th century CE), although male homosexual relationships were known and discriminated, but not sanctioned, in Arabia. Homosexual a ...
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Rajm
Rajm ( ar, رجم; meaning stoning)E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 in Islam refers to the ''Hudud'' punishment wherein an organized group throws stones at a convicted individual until that person dies. Under some versions of Islamic law (Sharia), it is the prescribed punishment in cases of adultery committed by a married man or married woman. The conviction requires a confession from either the adulterer/adulteress, or pregnancy outside of marriage under certain circumstances in Maliki school.Muhsan
The Oxford Dictionary of Islam (2012)
Ismail Poonwala (2007), The Pillars of Islam: Laws pertaining to human intercourse, Oxford University Press, , pp. ...
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Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ...
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Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ...
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Qur'an
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing.: ), which consist of verses (pl.: , sing.: , cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the final prophet, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine messages starting with those revealed to Adam, including the Torah, the Psalms and the Gospel. The word ''Quran'' occurs so ...
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