ZINA
INTRODUCTION
Zina means fornication or adultery. Sexual intercourse not permitted by muhammadan law is Zina. World zina as defined in the ordinance cover both void and irregular marriage. Void marriage can fall within definition of zina liable to hadd and an irregular marriage can fall within definition of zina liable to tazir.
LAW APPLICABLE
In Islamic law in hadood ordinance (vii)1979 Section 4 to 10 deal the concern topic.
GENERAL DEFINITION
In simple words we can say that zina mean intercourse without ownership.
BASIC INGREDIENTS OF OFFENCE OF ZINA
Following ingredients must be prove in order to secure the conviction of an accused person for the offence of zina.
- There should be man and women. The same sex is not applicable in zina.
- There is not a valid marriage.
- The man and woman should have committed sexual intercourse with each other. Zina is complete if sexual intercourse without valid marriage.
PUNISHMENT OF ZINA
Following is the punishment of zina
If Muhsan
If he or she is a muhsan, be stoned to death at a public place.
IF NOT MUHSAN
If he or she is not a muhsan, be punished at a public place with whipping numbering one hundred stripes.
MUHSAN
Muhsan means an adult Muslim man or woman who is not insance and has had sexual intercourse with a Muslim adult, who at the time he or she had sexual intercourse with her or him was married to him or her and was not insane. It other words muhsan means a married men or woman.
PROVE OF ZINA
Zina Liable to hadd shall be proved in any one the following form
CONFESSION
The accused makes before a court of competent jurisdiction a confession of the commission of the offence.
BY EVIDENCE OF WITNESS
If may be proved by the evidence of at least four witnesses, who give as eye witness of the act of penetration.
