MALLAM ISSAH OSEI ANSWERED QUESTIONS FROM THE PEOPLE

MALLAM ISSAH OSEI ANSWERED QUESTIONS FROM THE PEOPLE
 

MUHAMMED AND THE QUR'AN

Muslims view the Qur'an as a divine scripture revealed by God in the same way that many Christians and Jews view their scriptures. The Arabic word "Qur'an" means "the Recitations" or "the Revelations." It is a collection of the revelations that Muslims believe Muhammad received, starting in 610 when he was 40 years old. According to its own message, the Qur'an does not establish a new religion. Instead, it confirms and clarifies the truth of the original monotheism of Abraham, the focus of the Torah and Gospels.
Rather than a chronological narrative, the Qur'an addresses the social and inner condition of believers. Ethical and spiritual by turns, it occasionally refers to Biblical prophets, religious figures and events- Joseph in Egypt, Noah and the Flood, Jesus and the Virgin Mary, among many others- but it is not a book of history or narration. Rather, the Qur'an is concerned with people's spiritual destiny, the Day of Judgment, and what it means to believe in God and be a responsible person. In this last regard, the Qur'an occasionally lays down rules of behavior, but it is not a detailed book of laws like Leviticus or Deuteronomy.
Like many of the Biblical prophets, Muhammad described the experience of revelation as wrenching. He felt as if his "soul was being ripped away." He doubted its validity at first, until reassured first by his wife, then by a Christian ascetic, and eventually by the revelations themselves. All his life he distinguished between his personal opinions and the words conveyed to him in revelation.
Nonetheless, the year 610 became the watershed of Muhammad's life. Once he began to hear messages and convey them, nothing would ever be the same for him, or for the world. From a humble merchant and family man, the experience transformed him into a spiritual teacher, lawgiver, and ultimately leader of the tribes of the Arabian Peninsula. The book he delivered grew in stature from a text that was first reviled and ridiculed by many, to become the most memorized text in the world, a spiritual comfort to hundreds of millions, and the scripture for a global religion of more than 1.2 billion followers.
The Qur'an consists of several thousand verses arranged in 114 chapters, with the longest chapters coming first, and the shorter chapters near the end. According to Muslim tradition, its contents arrived unexpectedly to Muhammad a few verses at a time over weeks, months, and years. As this long, intermittent burst of sacred language emerged, it was memorized and written down by others, and later reorganized into the book form we have now.
The Qur'an may be called rhymed prose. It is often said to have a striking beauty when heard in Arabic. Its deft use of associations, rhymes, near rhymes and shifts in cadence seems proof to many of its Divine origin. Some prominent figures during Muhammad's lifetime converted to Islam after hearing or reading a part of it. The language of the Qur'an quickly became the basis of Classical Arabic, both written and spoken.
For readers today, the Qur'an bears the stamp of its time and place, yet for many its message transcends time and history to express universal truths. An English version of the first ten verses of the ninety-first chapter, The Sun, reads:
Consider the sun and its radiance, and the moon reflecting the sun.
Consider the day as it reveals the world,
and the night that veils it in darkness.
Consider the sky and its wonderful composition,
the earth and its expanse.
Consider the human self and He Who perfected it
And how He imbued it with awareness
of what is right and wrong.
The one who helps this self to grow in a clean way
attains to happiness.
The one who buries it in darkness is really lost. Today, the Qur'an is memorized and recited in classical Arabic by millions of people from grade-schoolers to professional performers. It is also the basis for much of the decoration in Islamic architecture around the world, where calligraphy beautifully executed in mortar and paint enhances the walls and corridors of mosques, schools, and other public buildings. The central purpose, however, is not to provide decoration but rather to honor the Divine Word.
Muslims hear and use the Qur'an every day. The five daily prayers themselves all incorporate passages from it. The call to prayer, heard from minarets, is composed of Qur'anic lines and phrases. In view of its religious value for over a billion human beings, the Qur'an remains one of the modern world's most influential books.

PROPHET MUHAMMED AND THE JEWS OF MEDINA

 

Judaism was already well established in Medina two centuries before Muhammad's birth. Although influential, the Jews did not rule the oasis. Rather, they were clients of two large Arab tribes there, the Khazraj and the Aws Allah, who protected them in return for feudal loyalty. Medina's Jews were expert jewelers, and weapons and armor makers. There were many Jewish clans-some records indicate more than twenty, of which three were prominent-the Banu Nadir, the Banu Qaynuqa, and the Banu Qurayza.
Various traditions uphold different views, and it is unclear whether Medina's Jewish clans were Arabized Jews or Arabs who practiced Jewish monotheism. Certainly they were Arabic speakers with Arab names. They followed the fundamental precepts of the Torah, though scholars question their familiarity with the Talmud and Jewish scholarship, and there is a suggestion in the Qur'an that they may have embraced unorthodox beliefs, such as considering the Prophet Ezra the son of God.
There were rabbis among the Jews of Medina, who appear in Muslim sources soon after Muhammad proclaimed himself a prophet. At that time the quizzical Meccans, knowing little about monotheism, are said to have consulted the Medinan rabbis, in an attempt to put Muhammad to the test. The rabbis posed three theological questions for the Meccans to ask Muhammad, asserting that they would know, by his answers, whether or not he spoke the truth. According to later reports, Muhammad replied to the rabbis' satisfaction, but the Meccans remained unconvinced.
Muhammad arrived in Medina in 622 believing the Jewish tribes would welcome him. Contrary to expectation, his relations with several of the Jewish tribes in Medina were uneasy almost from the start. This was probably largely a matter of local politics. Medina was not so much a city as a fractious agricultural settlement dotted by fortresses and strongholds, and all relations in the oasis were uneasy. In fact, Muhammad had been invited there to arbitrate a bloody civil war between the Khazraj and the Aws Allah, in which the Jewish clans, being their clients, were embroiled.
At Muhammad's insistence, Medina's pagan, Muslim and Jewish clans signed a pact to protect each other, but achieving this new social order was difficult. Certain individual pagans and recent Medinan converts to Islam tried to thwart the new arrangement in various ways, and some of the Jewish clans were uneasy with the threatened demise of the old alliances. At least three times in five years, Jewish leaders, uncomfortable with the changing political situation in Medina, went against Muhammad, hoping to restore the tense, sometimes bloody-but predictable-balance of power among the tribes.
According to most sources, individuals from among these clans plotted to take his life at least twice, and once they came within a bite of poisoning him. Two of the tribes--the Banu Nadir and the Banu Qaynuqa--were eventually exiled for falling short on their agreed upon commitments and for the consequent danger they posed to the nascent Muslim community.
The danger was great. During this period, the Meccans were actively trying to dislodge Muhammad militarily, twice marching large armies to Medina. Muhammad was nearly killed in the first engagement, on the plains of Uhud just outside of Medina. In their second and final military push against Medina, now known as the Battle of the Trench, the Meccans recruited allies from northwestern Arabia to join the fight, including the assistance of the two exiled Jewish tribes. In addition, they sent envoys to the largest Jewish tribe still in Medina, the Banu Qurayza, hoping to win their support. The Banu Qurayza's crucial location on the south side of Medina would allow the Meccans to attack Muhammad from two sides.
The Banu Qurayza were hesitant to join the Meccan alliance, but when a substantial Meccan army arrived, they agreed.
As a siege began, the Banu Qurayza nervously awaited further developments. Learning of their intention to defect and realizing the grave danger this posed, Muhammad initiated diplomatic efforts to keep the Banu Qurayza on his side. Little progress was made. In the third week of the siege, the Banu Qurayza signaled their readiness to act against Muhammad, although they demanded that the Meccans provide them with hostages first, to ensure that they wouldn't be abandoned to face Muhammad alone. Yet that is exactly what happened. The Meccans, nearing exhaustion themselves, refused to give the Banu Qurayza any hostages. Not long after, cold, heavy rains set in, and the Meccans gave up the fight and marched home, to the horror and dismay of the Banu Qurayza.
The Muslims now commenced a 25-day siege against the Banu Qurazya's fortress. Finally, both sides agreed to arbitration. A former ally of the Banu Qurayza, an Arab chief named Sa'd ibn Muadh, now a Muslim, was chosen as judge. Sa'd, one of the few casualties of battle, would soon die of his wounds. If the earlier tribal relations had been in force, he would have certainly spared the Banu Qurayza. His fellow chiefs urged him to pardon these former allies, but he refused. In his view, the Banu Qurayza had attacked the new social order and failed to honor their agreement to protect the town. He ruled that all the men should be killed. Muhammad accepted his judgment, and the next day, according to Muslim sources, 700 men of the Banu Qurayza were executed. Although Sa'd judged according to his own views, his ruling coincides with Deuteronomy 20:12-14.
Most scholars of this episode agree that neither party acted outside the bounds of normal relations in 7th century Arabia. The new order brought by Muhammad was viewed by many as a threat to the age-old system of tribal alliances, as it certainly proved to be. For the Banu Qurayza, the end of this system seemed to bring with it many risks. At the same time, the Muslims faced the threat of total extermination, and needed to send a message to all those groups in Medina that might try to betray their society in the future. It is doubtful that either party could have behaved differently under the circumstances.
Yet Muhammad did not confuse the contentiousness of clan relations in the oasis with the religious message of Judaism. Passages in the Qur'an that warn Muslims not to make pacts with the Jews of Arabia emerge from these specific wartime situations. A larger spirit of respect, acceptance, and comradeship prevailed, as recorded in a late chapter of the Qur'an:
    We sent down the Torah, in which there is guidance and light, by which the Prophets who surrendered to God's will provided judgments for the Jewish people. Also, the rabbis and doctors of the Law (did likewise), according to that portion of God's Book with which they were entrusted, and they became witnesses to it as well…. Whoever does not judge by what God has sent down (including the Torah), they are indeed unbelievers. (5:44)
Some individual Medinan Jews, including at least one rabbi, became Muslims. But generally, the Jews of Medina remained true to their faith. Theologically, they could not accept Muhammad as a messenger of God, since, in keeping with Jewish belief, they were waiting for a prophet to emerge from among their own people.
The exiled Banu Nadir and the Banu Qaynuqa removed to the prosperous northern oasis of Khaybar, and later pledged political loyalty to Muhammad. Other Jewish clans honored the pact they had signed and continued to live in peace in Medina long after it became the Muslim capital of Arabia.    

Zinah adultery fornication in islamic law

Zināʾ (زِنَاء) or zinah (زِنًى or زِنًا) is an Islamic legal term referring to unlawful sexual intercourse.^[1] According to traditional jurisprudence, zina can include adultery,^[2][3][4] fornication,^[2][3][4] prostitution,^[5] rape,^[1] sodomy,^[2][6] homosexuality,^[7][6] incest,^[8][9] and bestiality.^[2][10] Although classification of homosexual intercourse as zina differs according to legal school,^[11] the majority apply the rules of zinā to homosexuality,^[12][13] mostly male homosexuality,^[14] since the Islamic marital law disallows same-sex marriage.

Zina belongs to the category of hudud offenses (sing.: hadd), which are offenses that are specifically mentioned in the Quran, also known as "claims of God" (huqūq Allāh). Several verses of the Quran prohibit zina, including 24:2 which says it should be punished with 100 lashes, and so is endorsed by the hadith in the case where both parties were single and have never been married earlier in their lives.^[15] However, on the basis of hadith, the penalty for an offender who is muhsan (adult, free, Muslim, and married at least once) is stoning to death (rajm). 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.^[16][1] The offenders must have acted of their own free will.^[1] Rapists could be prosecuted under different legal categories which used normal evidentiary rules.^[17] Making an accusation of zina without presenting the required eyewitnesses is called qadhf (القذف), which is itself a hudud offense.^[18]

There are very few recorded examples of the stoning penalty for zinā being implemented legally. Prior to legal reforms introduced in several countries during the 20th century, the procedural requirements for proving the offense of zinā to the standard necessary to impose the stoning penalty were effectively impossible to meet ^[1][19] Zina became a more pressing issue in modern times, as Islamist movements and governments employed polemics against public immorality.^[1] The Taliban have executed suspected adultresses using machine guns, and zina has been used as justification for honor killings.^[1] After sharia-based criminal laws were widely replaced by European-inspired statutes in the modern era, in recent decades several countries passed legal reforms that incorporated elements of hudud laws into their legal codes; many modern Islamists have also disregarded the condition of strict evidence requirements.^[20] In Nigeria, local courts have passed several stoning sentences, all of which were overturned on appeal or left unenforced.^[21] In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina, making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse forced upon them,^[1][17] although these laws were amended in 2006,^[19] and again in 2016.^[22] According to human rights organizations, stoning for zina has also been carried out in Saudi Arabia.^[11].

Muslim scholars have historically considered zinā a hudud sin, or crime against God.^[23] It is mentioned in both Quran and in the Hadiths.^[24]

Introduction and definition

The Quran deals with zinaʾ in several places. First is the Qur'anic general rule that commands Muslims not to commit zina':

"Nor come nigh to fornication/adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)."

— Qur'an, Sura 17 (Al-Isra), ayat 32^[25]

In the Hadiths, the definitions of zina have been described as all the forms of sexual intercourse, penetrative or non-penetrative, outside the institution marriage or the institution of slavery.^[26]

Abu Huraira reported Allah's Apostle as saying: “Allah has decreed for every son of Adam his share of zina, which he will inevitably commit. The zina of the eyes is looking, the zina of the tongue is speaking, one may wish and desire, and the private parts confirm that or deny it.”

— 8:77:609, 33:6421

Adultery and fornication

Quran

Most of the rules related to fornication, adultery and false accusations from a husband to his wife or from members of the community to chaste women, can be found in Surat an-Nur (the Light). The sura starts by giving very specific rules about punishment for zina:

"The woman and the man guilty of zināʾ (for fornication or adultery),- 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, Sura 24 (An-Nur), ayat 2^[27]

"And those who accuse chaste women then do not bring four witnesses, flog them, (giving) eighty stripes, and do not admit any evidence from them ever; and these it is that are the transgressors. Except those who repent after this and act aright, for surely Allah is Forgiving, Merciful."

— Qur'an, Sura 24 (An-Nur), ayat 4–5^[28]

The public lashing and public lethal stoning punishment for fornication and adultery are also prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in Kitab Al-Hudud.^{[29][30][not specific enough to verify]}

'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

— 17:4191

Ma'iz came to the Prophet and admitted having committed adultery four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you.

— 38:4364

Hadith Sahih al Bukhari, another authentic source of sunnah, has several entries which refer to death by stoning.^[31] For example,

Narrated 'Aisha: 'Utba bin Abi Waqqas said to his brother Sa'd bin Abi Waqqas, "The son of the slave girl of Zam'a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa'd took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." 'Abd bin Zam'a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they both submitted their case before Allah's Apostle. Sa'd said, "O Allah's Apostle! This boy is the son of my brother and he entrusted him to me." 'Abd bin Zam'a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." Allah's Apostle said, "The boy is for you, O 'Abd bin Zam'a!" Then Allah's Apostle further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sauda bint Zam'a, "Veil (screen) yourself before him," when he saw the child's resemblance to 'Utba. The boy did not see her again till he met Allah.

— 9:89:293

Other hadith collections on zina between men and woman include:

• The stoning (Rajm) of a Jewish man and woman for having committed illegal sexual intercourse.^[32]
• Abu Hurairah states that the Prophet, in a case of intercourse between a young man and a married woman, sentenced the woman to stoning^[33] and the young man to flogging and banishment for a year;

Rape

Main article: Rape in Islamic law

Rape has been defined as zina al-zibr (forceful illicit sex) in the traditional Islamic texts. Few hadiths have been found regarding rape in the time of Muhammad. The most popular transmitted hadith given below indicates the ordinance of stoning for the rapist but no punishment and no requirement of four eyewitnesses for the rape victim.^[34][35]

Narrated 'Alqamah bin Wa'il Al-Kindi: From his father: "A women went out during the time of the Prophet (ﷺ) to go to Salat, but she was caught by a man and he had relations with her, so she screamed and he left. Then a man came across her and she said: 'That man has done this and that to me', then she came across a group of Emigrants (Muhajirin) and she said: 'That man did this and that to me.' They went to get the man she thought had relations with her, and they brought him to her. She said: 'Yes, that's him.' So they brought him to the Messenger of Allah (ﷺ), and when he ordered that he be stoned, the man who had relations with her, said: 'O Messenger of Allah, I am the one who had relations with her.' So he said to her: 'Go, for Allah has forgiven you.' Then he said some nice words to the man (who was brought). And he said to the man who had relations with her: 'Stone him.' Then he said: 'He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.'"

— Jami` at-Tirmidhi, 17:37, 38:4366

The hadiths declare rape of a free or slave woman as zina.^[36]

View of scholars

Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

— 1:85:81,^[37]41 3.15

Malik related to me from Ibn Shihab that gave a judgment that the rapist had to pay the raped woman her bride-price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

— 36 16.14

If a confession or the four witnesses required to prove a hadd crime are not available, but rape can be proved by other means, the rapist is sentenced under the ta'zir system of judicial discretion.^[38] According to the eleventh-century Maliki jurist Ibn 'Abd al-Barr:^[38]

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help.

— Al-Istidhkaar

Homosexuality

Main article: Homosexuality in Islam

Islamic teachings (in the hadith tradition^[39]) presume same-sex attraction, extol abstention and (in the Qur'an^[40][39]) condemn consummation. The Quran forbids homosexual relationships, in Al-Nisa, Al-Araf (verses 7:80–84, 11:69–83, 29:28–35 of the Quran using the story of Lot's people), and other surahs. For example,^[40][39][41]

We also sent Lot: He said to his people: "Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds."

— Quran 7:80–81

In another verse, the statement of prophet Lot has been also pointed out,

Do you approach males among the worlds And leave what your Lord has created for you as mates? But you are a people transgressing.

— Quran 26:165–166, trans. Sahih International

Some scholars indicate this verse as the prescribed punishment for homosexuality in the Quran:

"If two (men) among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful."

— Qur'an, Sura 4 (Al-Nisa), ayat 16^[42]

However, there are different interpretations of the last verse where who the Quran refers to as "two among you". Pakistani scholar Javed Ahmed Ghamidi sees it as a reference to premarital sexual relationships between men and women. In his opinion, the preceding Ayat of Sura Nisa deals with prostitutes of the time. He believes these rulings were temporary and were abrogated later when a functioning state was established and society was ready for permanent rulings, which came in Sura Nur, Ayat 2 and 3, prescribing flogging as a punishment for adultery. He does not see stoning as a prescribed punishment, even for married men, and considers the Hadiths quoted supporting that view to be dealing with either rape or prostitution, where the strictest punishment under Islam for spreading "fasad fil ardh", meaning corruption in the land, referring to egregious acts of defiance to the rule of law was carried out.^{[citation needed]}

The Hadiths consider homosexuality as zina,^[7] and male homosexuality to be punished with death.^[43] For example, Abu Dawud states,^{[39][not specific enough to verify][44][page needed]}

From Abu Musa al-Ash'ari, the Prophet states that: "If a woman comes upon a woman, they are both adulteresses, if a man comes upon a man, then they are both adulterers.”

— Al-Tabarani in al-Mu‘jam al-Awat: 4157, Al-Bayhaqi, Su‘ab al-Iman: 5075

Narrated Abdullah ibn Abbas: The Prophet said: If you find anyone doing as Lot's people did,^[45] kill the one who does it, and the one to whom it is done.

— 38:4447

Narrated Abdullah ibn Abbas: If a man who is not married is seized committing sodomy, he will be stoned to death.

— 38:4448

The discourse on homosexuality in Islam is primarily concerned with activities between men. There are, however, a few hadith mentioning homosexual behavior in women;^[46][47] The jurists are agreed that "there is no hadd punishment for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed, because it is a sin..'".^[48] Although punishment for lesbianism is rarely mentioned in the histories, al-Tabari records an example of the casual execution of a pair of lesbian slavegirls in the harem of al-Hadi, in a collection of highly critical anecdotes pertaining to that Caliph's actions as ruler.^[49] Some jurists viewed sexual intercourse as possible only for an individual who possesses a phallus;^[50] hence those definitions of sexual intercourse that rely on the entry of as little of the corona of the phallus into a partner's orifice.^[50] Since women do not possess a phallus and cannot have intercourse with one another, they are, in this interpretation, physically incapable of committing zina.^[50]

Sodomy

Main articles: Islamic view of anal sex and Islamic views on oral sex

Muslim scholars justify the prohibition of sodomy, anal sex (liwat) and oral sex, on the basis of the Qur'anic verse 2:223, saying that it commands intercourse only in the vagina (i.e. potentially procreational intercourse). The vaginal intercourse may be in any manner the couple wishes, that is, from behind or from the front, sitting or with the wife lying on her back or on her side.

There are also several hadith which prohibit sodomy.

Do not have anal sex with women.

— Reported by Ahmad, At-Tirmidhi, An-Nasa'i, and Ibn Majah

Muhammad also said, "Cursed he. ..who has sex with a woman through her back passage."

— Ahmad

Khuzaymah Ibn Thabit also reported that the Messenger of Allah said: "Allah is not too shy to tell you the truth: Do not have sex with your wives in the anus."

— Reported by Ahmad, 5/213

Ibn Abbas narrated: "The Messenger of Allah said: "Allah will not look at a man who has anal sex with his wife."

— Reported by Ibn Abi Shaybah, 3/529; At-Tirmidhi classified it as an authentic hadith, 1165

It is reported that `Umar Ibn Al-Khattab came one day to Muhammad and said, "O Messenger of Allah, I am ruined!" "What has ruined you?" asked the Prophet. He replied, "Last night I turned my wife over," meaning that he had had vaginal intercourse with her from the back. The Prophet did not say anything to him until the verse cited above was revealed. Then he told him, "[Make love with your wife] from the front or the back, but avoid the anus and intercourse during menstruation."

— (Reported by Ahmad and At-Tirmidhi)^[51]

Furthermore, it is reported that Muhammad referred to anal sex as "minor incest".

Islamic law establishes two categories of legal, sexual relationships: between husband and wife, and between a man and his concubine. All other sexual relationships are considered zināʾ (fornication), including adultery and homosexuality, according to Islamic law and exegesis of the Qur'an. From the story of Lot it is clear that the Qur'an regards sodomy as an egregious sin. The death by stoning for people of Sodom and Gomorrah is similar to the stoning punishment stipulated for illegal heterosexual sex. There is no punishment for a man who sodomizes a woman because it is not tied to procreation. However, other jurists insist that any act of lust in which the result is the injecting of semen into another person constitutes sexual intercourse.^[52]

In Islam, oral sex between a husband and a wife is considered "Makruh Tahrimi"^[53] or highly undesirable by some Islamic jurists when the act is defined as the mouth and the tongue coming in contact with the genitals.^[54][55] The reason behind considering this act as not recommended is manifold, the foremost being the issues of modesty, purification (Taharat) and cleanliness.^[56]

The most common argument states^[55] that the mouth and tongue are used for the recitation of the Quran and for the remembrance of Allah (Dhikr).^[57] Firstly, scholars consider touching genitals by mouth as discouraged mentioning the reason that, touching genitals by the right hand rather than the left hand has been prohibited by Muhammad; as in their opinion, the mouth is comparatively more honorable than the right hand, for that touching genitals with the mouth is more abhorrent and vacatably excluded. Secondly, the status of genital secretions is debated among the four Sunni schools, some scholars viewing it as impure and others not.

Currently, sodomy is punishable by death in a number of Muslim countries, including Saudi Arabia and Yemen, as well as in Nigeria's Sharia courts.^[50]

Incest

Hadith forbids incestous relationship (zinā bi'l-mahārim), sexual intercourse between someone who is mahram and prescribes execution as punishment.^[8][9]

Narrated Ibn 'Abbas: That the Prophet said: "If a man says to another man: 'O you Jew' then beat him twenty times. If he says: 'O you effeminate' then beat him twenty times. And whoever has relations with someone that is a Mahram (family member or blood relative) then kill him."

— Jami` at-Tirmidhi,17:46

Masturbation

Main article: Islam and masturbation

Islamic scripture does not specifically mention masturbation. There are a few Hadiths mentioning it, but these are classified as unreliable.^[58]

Bestiality

According to hadith, bestiality is defined under zina and its punishment is execution of the accused man or woman along with the animal.^[2][10]

Narrated Ibn 'Abbas: That the Messenger of Allah said: "Whomever you see having relations with an animal then kill him and kill animal." So it was said to Ibn 'Abbas: "What is the case of the animal?" He said: "I did not hear anything from the Messenger of Allah about this, but I see that the Messenger of Allah disliked eating its meat or using it, due to the fact that such a (heinous) thing has been done with that animal."

— Jami` at-Tirmidhi,17:38

Inclusions in the definition

Zina encompasses any sexual intercourse except that between husband and wife. It includes both extramarital sex and premarital sex, and is often translated as "fornication" in English.^[59]

Technically, zina only refers to the act of penetration, while non-penetrative sex acts outside of marriage were censured by the Prophet as that which can lead to zina.^[11][60]

According to sharia, the punishment for zina varies according to whether the offender is muhsan (adult, free, Muslim and married at least once) or not muhsan (i.e. a minor, a slave, a non-Muslim or never married). A person only qualifies as muhsan if he or she meets all of the criteria. The punishment for an offender who is muhsan is stoning. (rajm); the punishment for an offender who is not muhsan is 100 lashes. ^[61]

Accusation process and punishment

Islamic law requires evidence before a man or a woman can be punished for zina. These are:^{[59][page needed][29][62]}

1. A Muslim confesses to zina four separate times. However, if the confessor takes back his words before the punishment is enforced or during the punishment, he/she will be released and set free. The confessor is in fact encouraged to take back their confession.^[63][64][65]
2. Four free adult male Muslim witnesses of proven integrity. They must testify that they observed the couple engaged in unlawful sexual intercourse without any doubt or ambiguity. They are able to say that they saw their private parts meet "like the Kohl needle entering the Kohl bottle."^[63]
3. Unlike witnesses in most other circumstances, they are neither legally nor morally obliged to testify, and in fact legal texts state that it is morally better if they don't.
4. If any of the witnesses take back their testimony before the actual punishment is enforced, then the punishment will be abandoned, and the witnesses will be punished for the crime of false accusation.^[63]
5. The witnesses must give their testimony at the earliest opportunity.^[63]
6. If the offense is punished by stoning to death, the witnesses must throw the stones.

If a pregnant woman confesses that her baby was born from an illegal relationship then she will be subject to conviction in the Islamic courts. In cases where there are no witnesses and no confession then the woman will not receive punishment just because of pregnancy. Women can fall pregnant without committing illegal sexual intercourse. A woman could be raped or coerced. In this case, she is a victim and not the perpetrator of a crime. Therefore, she cannot be punished or even accused of misconduct merely on the strength of her falling pregnant.^[65][66][67]

The four witnesses requirement for zina is revealed by Quranic verses 24:11 through 24:13 and various hadiths.^[68][69] The testimony of women and non-Muslims is not admitted in cases of zina or in other hadd crimes.

Any witness to or victim of non-consensual sexual intercourse, who accuses a Muslim of zina, but fails to produce four adult, pious male eyewitnesses before a sharia court, commits the crime of false accusation (Qadhf, القذف), punishable with eighty lashes in public.^[70][71]

These requirements made zina virtually impossible to prove in practice.^[1] Hence, there are very few recorded examples of stoning for zina being legally carried out.^[1][19] In the 623-year history of the Ottoman Empire, the best-documented and most well-known pre-modern Islamic legal system, there is only one recorded example of the stoning punishment being applied for zina, when a Muslim woman and her Jewish lover were convicted of zina in 1680 and sentenced to death, the woman by stoning and the man by beheading. This was a miscarriage of justice according to the standards of Islamic law: adequate evidence was not produced, and the correct penalty for non-Muslims was 100 lashes rather than death.^[72]

Some schools of Islamic jurisprudence (fiqh) created the principle of shubha (doubt). According to this principle, if there is room for doubt in the perpetrator's mind about whether the sexual act was illegal, he or she should not receive the hadd penalty, but could receive a less severe punishment at the discretion of the judge.^[29] Jurists had varying opinions on what counted as legitimate "doubt" for this purposes. A typical example is a man who has sex with his wife's or his son's slave. This is zina - a man can lawfully have sex only with his own slave. But a man might plausibly believe that he had ownership rights over his wife's or his son's property, and so think that having sex with their slaves was legal. The Ḥanafī jurists of the Ottoman Empire applied the concept of doubt to exempt prostitution from the hadd penalty. Their rationale was that since legal sex is legitimized, in part, by payment (the dower paid by the husband to the wife upon marriage, or the purchase price of a slave), a man might plausibly believe that prostitution, which also involves a payment in return for sexual access, was legal.^[73] It is important to note that this principle did not mean that such acts were treated as legal: they remained offenses, and could be punished, but they were not liable for the hadd penalty of 100 lashes or stoning.

Sunni practice

All Sunni schools of jurisprudence agree that zināa is to be punished with stoning to death if the offender is a free, adult, married or previously married Muslim (muhsan). Persons who are not muhsan (i.e. a slave, a minor, never married or non-Muslim) are punished for zina with one hundred lashes in public.^{[44][page needed][74]}

Maliki school of Islamic jurisprudence considers pregnancy as sufficient and automatic evidence, unless there is evidence of rape. Other Sunni schools of jurisprudence rely on early Islamic scholars that state that a fetus can "sleep and stop developing for 5 years in a womb", and thus a woman who was previously married but now divorced may not have committed zina even if she delivers a baby years after her divorce.^[75] They also argue that the woman may have been forced or coerced (see section above, 'Accusation process and punishment').The position of modern Islamic scholars varies from country to country. For example, in Malaysia which officially follows the Shafi'i fiqh, Section 23(2) through 23(4) of the Syariah (Sharia) Criminal Offences (Federal Territories) Act 1997 state,^[76]

Section 23(2) - Any woman who performs sexual intercourse with a man who is not her lawful husband shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to whipping not exceeding six strokes or to any combination thereof.

Section 23(3) - The fact that a woman is pregnant out of wedlock as a result of sexual intercourse performed with her consent shall be prima facie evidence of the commission of an offence under subsection (2) by that woman.

Section 23(4) - For the purpose of subsection (3), any woman who gives birth to a fully developed child within a period of six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock.

— Islamic Laws of Malaysia^[77]

Minimal proof for zina is still the testimony of four male eyewitnesses, even in the case of homosexual intercourse.^{[citation needed]}

Prosecution of extramarital pregnancy as zina, as well as prosecution of rape victims for the crime of zina, have been the source of worldwide controversy in recent years.^[78][79]

Shi'a practice

Again, minimal proof for zina is the testimony of four male eyewitnesses. The Shi'is, however, also allow the testimony of women, if there is at least one male witness, testifying together with six women. All witnesses must have seen the act in its most intimate details, i.e. the penetration (like "a stick disappearing in a kohl container," as the fiqh books specify). If their testimonies do not satisfy the requirements, they can be sentenced to eighty lashes for unfounded accusation of fornication (kadhf). If the accused freely admits the offense, the confession must be repeated four times, just as in Sunni practice. Pregnancy of a single woman is also sufficient evidence of her having committed zina.

Human rights controversy

See also: Human rights in the Quran

The zina and rape laws of countries under Sharia law are the subjects of a global human rights debate.^[82][83]

Hundreds of women in Afghan jails are victims of rape or domestic violence.^[79] This has been criticized as leading to "hundreds of incidents where a woman subjected to rape, or gang rape, was eventually accused of zināʾ" and incarcerated.^[84]

In Pakistan, over 200,000 zina cases against women, under its Hudood laws, were under process at various levels in Pakistan's legal system in 2005.^[78] In addition to thousands of women in prison awaiting trial for zina-related charges, there has been a severe reluctance to even report rape because the victim fears of being charged with zina.^{[85][not specific enough to verify]}

Iran has prosecuted many cases of zina, and enforced public stoning to death of those accused between 2001 and 2010.^[86][87]

Zina laws are one of many items of reform and secularization debate with respect to Islam.^[88][89] In the early 20th century, under the influence of colonial era, many penal laws and criminal justice systems were reformed away from Sharia in Muslim-majority parts of the world. In contrast, in the second half of the 20th century, after respective independence, a number of governments including Pakistan, Morocco, Malaysia and Iran have reverted to Sharia with traditional interpretations of Islam's sacred texts. Zina and hudud laws have been re-enacted and enforced.^[90]

Contemporary human right activists refer this as a new phase in the politics of gender in Islam, the battle between forces of traditionalism and modernism in the Muslim world, and the use of religious texts of Islam through state laws to sanction and practice gender-based violence.^[91][92]

In contrast to human rights activists, Islamic scholars and Islamist political parties consider 'universal human rights' arguments as imposition of a non-Muslim culture on Muslim people, a disrespect of customary cultural practices and sexual codes that are central to Islam. Zina laws come under hudud – seen as crime against Allah; the Islamists refer to this pressure and proposals to reform zina and other laws as contrary to Islam. Attempts by international human rights to reform religious laws and codes of Islam has become the Islamist rallying platforms during political campaigns.^[93][94]

Hadith of Mut'ah marrage and Imran ibn Husain

A famous recorded oral tradition among Muslims (Arabic: Hadith) is about comment made by Imran ibn Husain, one of the companions of Muhammad and a Narrator of hadith. The comment was regarding the prohibition of Mut'ah, a word with several meanings. It is used in both Nikah mut'ah and Mut'ah of Hajj.

Although the narration is prominently quoted and referred to, it is not given any formal name, in contrast to other hadith such as the Hadith of the pond of Khumm or the Hadith of Qur'an and Sunnah

A hadith in Sahih Bukhari states:

Narrated 'Imran: The Verse of Mut'ah^[1] was revealed in Allah's Book, so we performed it with Allah's Apostle, and nothing was revealed in Qur'an to make it illegal, nor did the Prophet prohibit it till he died. But the man (who regarded it illegal) just expressed what his own mind suggested.

— Sahih Bukhari^[2]

Another hadith under the topic of Hajj states:

حWe performed Mut'ah in the lifetime of Allah's Messenger and then the Qur'an was revealed (regarding Hajj-at-Tamattu`) and somebody said what he wished (regarding Hajj-at-Tamattu`) according his own opinion.^[3]

The hadith recorded from him in Sahih Muslim states:

'Imran b. Husain said there was revealed the verse of Tamattu' in Hajj in the Book of Allah and the Messenger of Allah commanded us to perform it. and then no verse was revealed abrogating the Tamattu' (form of Hajj), and the Messenger of God did not forbid to do it till he died. So whatever a person said was his personal opinion.^[4]

Another recorded by Sahih Muslim states:

Mutarrif reported: 'Imran b. Husain sent for me during his illness of which he died, and said: I am narrating to you some ahadith which may benefit you after me. If I live you conceal (the fact that these have been transmitted by me), and if I die, then you narrate them if you like (and these are): I am blessed, and bear in mind that the Messenger of Allah combined Hajj and Umra. Then no verse was revealed in regard to it in the Book of Allah (which abrogated it) and the Messenger of Allah did not forbid (from doing it). And whatever a person ('Umar) said was out of his personal opinion.^[5]

Muslim view

Muslims view this hadith as notable since it can be seen as related to the Hadiths regarding the legality of Nikah Mut'ah, and is often mentioned when discussing those topics.

The comment of Imran ibn Husain is regarding the Hadith of Umar's speech of forbidding Mut'ah.

All Muslims agree that this hadith is authentic, and that Umar did indeed forbid Mut'ah. However, there is dispute on how to define "Mut'ah" and whether or not it was forbidden before Umar. The hadith tells about a "Verse of Mut'ah" revealed in the Qur'an. Muslims disagree which verse is alluded to, since two different verses can be seen as the Verse of Mut'ah.

• The first one is found in Sura An-Nisa, verse 24. We read:

The Quran, chapter 4 (An-Nisa), verse 24:^[6]

And (also forbidden are) all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to 'those whom you profit by (istamta´tum), give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.

The word "istamta´tum" is notable, because the word used literally means "to benefit, to enjoy, to profit".^[7] Muslims differ on what is meant by Mut'ah here, and which judgement the verse gives about it. Generally, Shi'a Muslims tend to believe that Mut'ah here refers to the temporary marriage, and that this verse permits it.^[8] Among the Sunnis, different view exists:

1. Some sunnis do not believe that this verse refers to the Nikah Mut'ah at all. This view was favored by Suyuti.^[9]
2. Some agree that the verse refers to the temporary marriage, but disagree that the verse permits it. Ibn Kathir cited the hadith from Mujahid ibn Jabr to this effect.^[10]

• The second possibility is that "The Verse of Mut'ah" refers to Al-Baqarah, 196. We read:

The Quran, chapter 2 (Al-Baqara), verse 196:^[11]

And accomplish the pilgrimage and the visit for Allah, but if, you are prevented, (send) whatever offering is easy to obtain, and do not shave your heads until the offering reaches its destination; but whoever among you is sick or has an ailment of the head, he (should effect) a compensation by fasting or alms or sacrificing, then when you are secure, whoever profits (tamattu´) by combining the visit with the pilgrimage (should take) what offering is easy to obtain; but he who cannot find (any offering) should fast for three days during the pilgrimage and for seven days when you return; these (make) ten (days) complete; this is for him whose family is not present in the Sacred Mosque, and be careful (of your duty) to Allah, and know that Allah is severe in requiting (evil).
— translated by Muhammad Habib Shakir

The phrase "...whoever profits by combining the visit with the pilgrimage" is notable, because the Arabic word used here is tamattu`, which literally means "to do Mut'ah". All Muslims agree that this verse refers to the Mut'ah of Hajj.^[12][13]

Sunni view

Sunnis considered this hadith as Sahih and it is found in the first and second of their Six major Hadith collections, the Two Sahihs, both believed by Sunnis to contain only authentic hadith (Arabic: sahih). In both of them, it is included among the chapters of the Hajj related subjects.

Muslim ibn al-Hajjaj, a 9th century sunni Islamic scholar comments in his Book Sahih Muslim:

This hadith been narrated on the authority of Jurairi with the same chain of transmitters, and Ibn Hatim said in his narration:" A person said according to his personal opinion, and it was Umar."^[14]

A Sunni tafsir includes:

The Sahaba of Rasulullah Imran Ibn Abi Husain said the verse of Mut'ah appeared in the Book of Allah and no verse descended to abrogate it. Rasulullah(s) gave order allowing for the practise of Mut'ah and we did Mut'ah in his presence. Rasulullah(s) dies and till then he did not refrain us from practising it, after him Umar gave his personal view and banned Mut'ah.^[15]

Some Sunni commentators of hadith have put Imran ibn Husain among the Salaf in favor of Nikah Mut'ah after Muhammad, based on this narration.^[16]

However, the major Sunni opinion is that this hadith actually refers to the Mut'ah of Hajj. Sunni Muslims believe that this view is strengthened by the fact that in both Sahih's, the hadith is included under Hajj-related topics. Yahya ibn Sharaf al-Nawawi, a 13th century Sunni Islamic scholar, the author of the commentary of Sahih Muslim supports the view that this hadith concerning Mut'ah refers to the Mut'ah of Hajj.^[17]

Ibn Kathir, a 14th century Sunni Islamic scholar wrote on his commentary of Al-Baqara, 196:

This last Hadith proves that Tamattu` (doing Mut'ah) is legislated. It is reported in the Two Sahihs that `Imran bin Husayn said, "We performed Hajj At-Tamattu` in the lifetime of Allah's Messenger and then the Qur'an was revealed (regarding Hajj At-Tamattu`). Nothing was revealed to forbid it, nor did he (the Prophet) forbid it until he died. And somebody said what he wished (regarding Hajj At-Tamattu`) according to his own opinion.^[18]

Ibn Kathir thus believed that "The verse of Mut'ah" mentioned in the hadith refers to Al-Baqara, 196.

The same view was held by Ibn Hajar al-Asqalani, a 14th century Sunni Islamic scholar^[19] and Ibn al-Jawzi.^[20]

Shi'a view

Shi'a view this hadith as notable and important on several accounts, and often include it when discussing the hadith that related to Nikah Mut'ah.^[21]

They view that this verse confirms that Umar prohibited Nikah Mut'ah, and that the reason the Sahaba were not more vocal in their rejection of Umar's verdict (fatwa) was due to fear of life. This, in turn, is line with the Shi'a notion of Umar being responsible for a military Coup d'état during the Succession to Muhammad.

Shi'a notice the Sahaba Imran ibn Husain waited till his dying state before passing on what he knew of the subject, and in fact insisted that the one receiving the information would not pass it on in case he survived.

Shi'a also complain about the Sunni translator Muhammad Muhsin Khan translating the Arabic word "Mut'ah" that appears in the original text into English Mut'ah of Hajj, making it impossible to interpretation as Nikah Mut'ah.

Shi'a view that what is called "Verse of Mut'ah" is a reference to an-Nisa, 24.  Abrogating the temporary marriage.