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 .