Answer
1. “Muhsan”:
(i) A Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult who at the time, he had sexual intercourse with her, was married to him and was not insane; or
(ii) A Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who at the time she had sexual intercourse with him, was married to her and was not insane.
Muhsan is thus a person who is,
(i) Muslim;
(ii) adult;
(iii) not insane;
(iv) has had sexual intercourse with a sane Muslim adult man/woman and
(v) had been married to him/her a: such time.
Person proved to have committed intercourse with a person than lawful spouse is not Muhsan offence is Zina having not proved against appellant he was a Muhsan.
2. Adult:
According to S.2(a) Adult means a person who has attained, being a male, the age of 18 years or being female, the age of 16 years or has attained puberty.
3. “Tazkia-tus-Shahood”.
The word “Tazkia” is a peculiarity ii product of Islamic procedure of adjudication in scope and extent it is distinguishable from cross-examination and means clearing of a witness from accusation or suspicion cast upon him by opposite party. This is done by holding inquiry by Qazi openly or secretly, himself or through an official purgatory to ascertain whether, the interest making a statement is a person of unimpeachable, character or just, and righteous. Tazkia is, therefore, neither a part of cross- examination nor a substitute for cross-examination because cross- examination is a right of the accused while Tazkia is an obligation on the part of the Qazi to ascertain the righteousness of witness.
In Hadood and Qisas cases it is invariably adhered to as a matter of abundant common. Tazkia can be either open or secret. Open purgation is not contrary or opposed to principles of Islamic Law or practice followed by the Holy Prophet (PBUH) and His Companions. Witnesses with regard to Tazkia or purgation need not necessary dealing to the same village to which the witnesses under purgation belong nor is there any requirement as to number of purgatory and even one purgatory may be sufficient.
Briefly Speaking:
This is a peculiar feature of Islamic system of administration of police. Briefly speaking it means ascertainment of credibility of witnesses.
4. Confession:
According to S.2 (aa), it means notwithstanding any judgment of any Court to the country, an oral statement, explicitly admitting the confession of the offence of Zina, voluntarily made by the accused before a court of session having jurisdiction in the matter or on receipt of a summons under S.203A Cr.P.C.
5. Hadd:
According to S.2 (b), it means punishment ordained by the Holy Quran or Sunnah.