Saturday, March 05, 2011
HUDUD (Adultery)
The penalties for adultery (zina): If an adult, sane man knowingly and deliberately has sexual intercourse with a woman who is forbidden to him, it is then an obligation on the authorized judge to flog him with a hundred lashes; his head will be shaved and he will be forced to leave the city for a period of one year. If he is "muhsin", i.e. he is in a position to satisfy his sexual urges in conformity with the shari'ah, he will be stoned to death as well as being given a hundred lashes. If the woman consented, she shall, if also "muhsinah", be stoned, and if otherwise, she shall be given a hundred lashes. If a man has sexual intercourse with a forbidden woman of his relatives (mahrum), or with a woman who has suckled at the same breast as he was (his rida'ih), or with his step mother, or if a dhimmah (a non-Muslim under the protection of a Muslim state) has sexual intercourse with a Muslim woman, he shall be beheaded; and the penalty is the same for rape.
The adultery can only be proven by:
1) a confession repeated four times;
2) the witnessing of four just men that they saw him actually in the act of penetration;
3) the witnessing of three just men and two just women.
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