Senin, 18 Januari 2016

The Islamic Ruling Concerning the Criminal Act of Zina



In today’s English, the word used for a married person who engages in unlawful sexual intercourse is adultery; the single person who engages in sexual intercourse is fornication.  Unlike English, Arabic has only one word for both cases – zina.   A person has committed zina if they voluntarily and deliberately perform sexual intercourse with other than one’s spouse.  

The Qur’anic injunctions with regards to those commit zina were revealed gradually, that is, bit by bit.  The first revelation concerning the punishment of zina was that a woman guilty of zina was to be confined to their home until she died.  The second revelation covered both men and women and was a little specific regarding punishment.  Allah (S.W.T) then revealed: 

The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes.  Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day…

The Messenger of Allah (S.A.W) clarified this injunction by saying: 

“Take from me; Allah has made a decree for them.  A virgin (committing zina) with a virgin: one hundred lashes (for each) and exiling for year (for the man).  And a married (committing zina) with a married: one hundred lashes and stoning.” 

One of the effects of zina is that it earns the wrath of Allah because His sacred limits are transgressed. Another of the effects of zina is that it takes away the goodness which Allah described as the attribute of those who are chaste, and replaces it with the evil which Allah described as the attribute of the adulterers, as Allah says:

Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements are for good people (or good women for good men) and good people for good statements (or good men for good women)”

Difference of opinion exists among Muslim jurists concerning the combining of both stoning and lashing.  There are also different opinions regarding the exiling of women.  The penal punishment of a married adulterer under Islamic jurisdiction is by stoning to death, as per the preceding hadith and other hadiths. Ibn Mus ‘ud (r.a) reported that Allah’s Messenger (S.A.W) said:

The blood of a Muslim, who testifies that there is no (true) god except Allah and that I am Allah’s Messenger, does not become permissible except for one of three acts: a married person who commitszina, one soul for another (killed) soul, and a man who abandons his deen (religion) and departs from the Jamaa ‘ah (of Muslims).”

The Prophet (S.A.W) applied stoning to a number of people during his time. Know that punishment for the crime of zina acts an atonement of this sin.  The Prophet (S.A.W) said regarding the woman from Ghamid who was stoned to death: 

“She has repented such a repentance that, were it to be divided among seventy of Madina’s residents it would cover them.  Have you seen a better repentance than her giving away herself for Allah.”

The punishment of those who die without repenting from zina begins in their grave.  As for punishment in the hereafter, Allah Most High says: 

“And they (i.e. the servants of Allah) do not commit zina - And whoever does this shall meet a full penalty.  The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace.”

One might think that the only way a person guilty of zina can be forgiven is by being awarded the penal punishment (hadd).  The scholars have said that a person who commits a sin should repent between himself and Allah (S.W.T).  The repentance will not be accepted if it is done during the pangs of death, as Allah Most High says: 

“And of no effect is the repentance of those who continue to do evil deeds until death faces one of them and says: ‘Now I repent’….”

The Messenger of Allah (S.A.W) informed us in the hadith collected by Muslim:

“Whoever repents, before the sun rises from it’s setting (i.e. the west), Allah will forgive him.”  

There are many actions a Muslim can do to protect themselves from zina.  
1.      Salaat, both obligatory and supererogatory is one of the strongest fortresses against zina.  Allah (S.W.T) said: 

“…and establish prayer, indeed prayer prevents from depravity and wrongdoing….”


2.      Regular fasting is another way of suppressing the sexual desire, as Allah’s Apostle (S.A.W) prescribed it for the young people who cannot afford marriage.

We ask Allah Most High to protect us from the evil of zina, accept our righteous actions, and shower us from His bounties in this life and in the Hereafter. And Allah knows best.

Tidak ada komentar: