33.2.1 BACKGROUND TO ZINA
Non-coital adultery is a type of minor zina committed by the eye, the ear, the tongue, the mouth, the
limbs, and the hands. These organs are involved in antecedents to the actual crime of illegal sexual intercourse. The Qur'an
severely condemned approaching zina. Antecedents of zina are haram because what leads to haram is also haram. Preventive measures
of zina are education, tarbiyyah, early marriage, and following the Law. Zina and its antecedents are avoided by modesty in
dress; prohibition of ikhtilaat and khalwat, discouraging looking at the opposite sex with desire, privacy of the home, and
huduud as a final deterrent. False accusation of zina, qadhf seem common
and thus easier to commit. Pornography is conducive to zina. Social disapproval of zina by the family and the community is
more effective than legal deterrents. Ghiira is a strong motivation to make
sure that spouses and relatives do not approach zina.
33.2.2 ANTECEDENTS OF ZINA
The antecedents of zina are trans-sexual dressing and behaviour, takhannuth/ stirjaal, free mixing
of the 2 genders, ikhtilat; seclusion, khalwat; lustful the gaze; and indecent
exposure, tabarruj. These either singly or in combination create an atmosphere conducive
to committing zina.
33.2.3 FORNICATION, zina
Zina as a result of consensual understanding involving married or unmarried persons is severely prohibited.
It may take the form of prostitution involving exchange of sexual favors in return for monetary or other benefits is prohibited.
Forcing women into prostitution is forbidden. Earnings from prostitution are illegal. Adverse effects of zina are sexually
transmitted diseases, out of wedlock births and illegitimate children who live in physical and emotional deprivation, family
break-down, and high rates of divorce.
33.2.4 ABNORMAL SEXUAL BEHAVIORS & PRACTICES
Anal intercourse, liwaat, male and male or male and
female, is severely prohibited and is punishable by death. Masturbation, istimnaan,
is sexual self-stimulation by both males and females. It is makruuh but allowed if it prevents commission of the bigger crime
of zina. The Law prohibits copulation with animals or use of sexual objects and fetishes. The death penalty is prescribed
for a male who commits rape, istikraah. A woman forced into illegal coitus
is not punished. The death penalty is prescribed for incest, ityaan al mahram.
33.2.5 ABNORMAL MARITAL ARRANGEMENTS
The law prohibits abnormal marital arrangements that lead to illegal sexual intercourse. These include
temporary marriage, mut’at; marriage with intention to divorce; nikaah
al shighaar (males exchange female relatives in marriage without paying mahr), and legally invalid marriage, nikaah baatil