Section: Islamic Hudood Laws 1979

Question About: Zina and its Punishment

Define Zina. What kind of punishment for Zina according to the Offence of Zina (Enforcement of Hadood Ordinance, 1979?

Answer

Zina:

A man and a woman are said to commit zina’ if they, willfully have sexual intercourse without being married to each other.

Essentials of Zina:

Essential requirements of zina are that there should be penetration of male organ into a female organ with intention of committing sexual intercourse. Such an act with anima or other devices cannot be caned zina. However, private part of infant, insane or an unconscious or sleeping woman cannot be given a different name than zina. Such acts with dead bodies can be committed only by perverts or sex-maniacs. Nevertheless the act IN within the definition of zina.

Zina liable to Hadd:

1. Zina is liable to Hadd if
(a) it is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be married; or
(b) it is committed by a woman who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be married.
2. Whoever is guilty of zina liable to Hadd shall, subject to the provisions of this Ordinance
(a) if he or she is a muhsan, be stoned to death at a public place, or
(b) if he or she is not muhsan, be punished, at a public place with whipping numbering one hundred stripes.
3. No punishment under sub-section (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping, until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.

Ingredients:

This section requires the following essentials—
1. Sexual intercourse by an adult man with a woman who is and whom he knows or does not suspect to be married with him.
2. Sexual intercourse by an adult woman with a man who is and whom she knows or does not suspect to be married with her.
3. Such intercourse must not amount to Zina-bil-Jabr. Zina liable to Hadd:
Zina liable to Hadd is constituted when-
A adult man or woman not married together, nor suspecting to have been married together indulge in intercourse. Zina liable to Hadd:
It is liable to Hadd if—
(a) It is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be married.
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