Zina

[3][10] Zina must be proved by testimony of four Muslim eyewitnesses to the actual act of penetration, confession repeated four times and not retracted later.

Prior to legal reforms introduced in several countries during the 20th century, the procedural requirements for proving the offense of zinā to the standard necessary to impose the stoning penalty were effectively impossible to meet.

[2][14] Zina became a more pressing issue in modern times, as Islamist movements and governments employed polemics against public immorality.

It is truly a shameful deed and an evil way.In the Hadiths, the definitions of zina have been described as all the forms of sexual intercourse, penetrative or non-penetrative, outside of marriage.

[21] Most of the rules related to fornication, adultery and false accusations from a husband to his wife or from members of the community to chaste women, can be found in Surah an-Nur (the Light).

And do not ever accept any testimony from them—for they are indeed the rebellious— except those who repent afterwards and mend their ways, then surely Allah is All-Forgiving, Most Merciful.According to Jonathan A.C. Brown, Surah an-Nisa verse 4:25 prescribes punishment for a female slave guilty of a sexual offense as half of the punishment of a free woman:[23] But if any of you cannot afford to marry a free believing woman, then ˹let him marry˺ a believing bondwoman possessed by one of you.

[31][32] Narrated 'Alqamah bin Wa'il Al-Kindi: From his father: "A woman went out during the time of the Prophet (ﷺ) to go to Salat, but she was caught by a man and he had relations with her, so she screamed and he left.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her.

There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help.Islamic teachings (in the hadith tradition[36]) presume same-sex attraction, extol abstention and (in the Qur'an[37][36]) condemn consummation.

[38] Some Quranic verses are used to propose a prohibition of homosexual activities, including:[37][36][39] And ˹remember˺ when Lot scolded ˹the men of˺ his people, ˹saying,˺ “Do you commit a shameful deed that no man has ever done before?

You are certainly transgressors.”In another verse, the statement of prophet Lot has been also pointed out, Why do you ˹men˺ lust after fellow men, leaving the wives that your Lord has created for you?

Pakistani scholar Javed Ahmed Ghamidi sees it as a reference to premarital sexual relationships between men and women.

He does not see stoning as a prescribed punishment, even for married men, and considers the Hadiths quoted supporting that view to be dealing with either rape or prostitution, where the strictest punishment under Islam for spreading "fasad fil ardh", meaning corruption in the land, referring to egregious acts of defiance to the rule of law was carried out.

[47] In contrast, according to Twelver Shia Muslim jurists, anal sex is considered makruh (strongly disliked) but is permissible with the consent of the wife.

[50] Hadith forbids incestuous relationship (zinā bi'l-mahārim), sexual intercourse between someone who is mahram and prescribes execution as punishment.

[52] To prohibit masturbation scholars (ulama) of fiqh (Islamic jurisprudence) may have invoked the Qur'anic proclamation (Quran 23:1-6) that Muslims must protect their sexual organs, except from their legal spouses (azwājihim) or what their right hands own.

[51] Imam al-Shafi'i states that male masturbation (istimmā') runs afoul of the Qur'anic proclamation (Quran 23:1-6) that Muslims must protect their sexual organs, except from their legal spouses (azwājihim) or what their right hands own.

Ibn Taimiyya's statement, a proto-Salaf Hanbalite scholar, that the consensus of early and later jurists (salafan wa-ḫalafan) was to categorically prohibit masturbation, is clearly an overstatement.

Ibn Ḥazm explains that "a woman who rubs something against herself (without inserting it) until she climaxes is not guilty of sin; the same is true of a man who masturbates.

These are:[57][page needed][24][58] If a pregnant woman confesses that her baby was born from an illegal relationship then she will be subject to conviction in the Islamic courts.

[2][14] In the 623-year history of the Ottoman Empire, the best-documented and most well-known pre-modern Islamic legal system, there is only one recorded example of the stoning punishment being applied for zina, when a Muslim woman and her Jewish lover were convicted of zina in 1680 and sentenced to death, the woman by stoning and the man by beheading.

This was a miscarriage of justice according to the standards of Islamic law: adequate evidence was not produced, and the correct penalty for non-Muslims was 100 lashes rather than death.

But a man might plausibly believe that he had ownership rights over his wife's or his son's property, and so think that having sex with their slaves was legal.

[68] This principle did not mean that such acts were treated as legal: they remained offenses, and could be punished, but they were not liable for the hadd penalty of 100 lashes or stoning.

Section 23(4) - For the purpose of subsection (3), any woman who gives birth to a fully developed child within a period of six qamariah months from the date of her marriage shall be deemed to have been pregnant out of wedlock.Minimal proof for zina is still the testimony of four male eyewitnesses, even in the case of homosexual intercourse.

All witnesses must have seen the act in its most intimate details, i.e. the penetration (like "a stick disappearing in a kohl container," as the fiqh books specify).

[82][83] In the early 20th century, under the influence of the colonial era, many penal laws and criminal justice systems were reformed away from Sharia in Muslim-majority parts of the world.

By contrast, in the second half of the 20th century, after respective independence, a number of governments including Pakistan, Malaysia and Iran have reverted to Sharia with traditional interpretations of Islam's sacred texts.

[85][86] In contrast to human rights activists, Islamic scholars and Islamist political parties consider 'universal human rights' arguments as impositions of a non-Muslim culture on Muslim people, a disrespect of customary cultural practices and sexual codes that are central to Islam.

Attempts by international human rights to reform religious laws and codes of Islam has become the Islamist rallying platforms during political campaigns.