Heavenly Jewels

The Shariah has not appointed an amount for it rather it has left it to the opinion ofthe Haakim-e-Islam (qaadhi) to act according to the s ituation. It is not exclusively the right ofan Islamic ruler but a husband, father, or teacher can also make Taazir on his wife, son or student respectively. (General Books) FIQHI MASAAIL REGARDING ZINAA Rule- If it is proven that a man or woman has committed Zina (adultery) then he or she will be stoned until death (Rajam). This is on condition that he or she is Mukalaf, meaning, free, sane, Baaligh and has had sexual intercourse even once with his or her spouse who was married under Nikah-e-Sahih. If even one of the above conditions is not found, e.g. he or she is not free, not a Muslim, not Aaqil or Baaligh, his or her Nikah has not taken place or Nikah has occurred but sexual intercourse has not been made yet or the person whom he or she had sexual intercourse with was married under Nikah-e-Faasid then he or she will be lashed 1 00 times if Zina is proven to have occurred. (GeneralBooks) Rule- Zina can be proven by either the testimony offourwitnesses or by a Zaani (Adulterer) making Iqraar (corifesses and asserts) four times to adultery having occurred. Stil l too, the Imaam (leader)will inquire as to how, when, where, what is meant by Zina and with who, if all these questions are answered, Zina will be proven, otherwise not. (Durre­ Mukhtaar) Rule- Regarding the witnesses who testify to Zina, it is necessary that they be four, Aaqil, Baaligh, P ious and Deendaar Muslim males who do not commit any Kabeera (major) sins or who are not persistent in Sageera (minor) sins. It is also vital that no humiliating or unbecoming behavior originates from theme.g. urinating in public etc. With a Sharee Half (oath) they should testify explicitly to their examination in one gathering stating that they clearly saw lady X and man Y committing Z ina with their bodies together l ike a quil l in an inkpot. 246