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Posted by / 14-Jul-2017 06:06

Islamic scholars agree unanimously that the punishment of hadd is not needed for a woman who is forced to fornicate.As for the man who is forced, according to the preferred view of Shafiis and Malikis, it is not necessary to carry out the punishment of hadd or tazir (any punishment other than hadd) for such a man.The companions agree unanimously that rajm is legitimate. It is regarded as one of the rights of the society because it is a crime committed against the family, generation and the order of the community.The madhhab imams agree unanimously that the hadd for zina is not necessary for children and insane people.It is necessary for the glans of the penis to enter the vagina for the punishment of hadd to be carried out.The intercourse less than it, for instance, kissing, hugging, rubbing the penis between the thighs, etc do not necessitate the punishment of hadd (punishment fixed by the Quran) although they are haram.Their evidence is the hadith above and the excuse of being forced.

On the other hand, according to Abu Hanifa, anal intercourse with a man or woman (liwata) is not decreed as zina because it cannot be defined as zina.

The lexical meaning and term meaning of the word zina are the same.

It means the sexual intercourse of a man and woman who are not married to each other from the front part of their bodies.

The following is stated in the hadith: "Three people are not accounted for: a child until he becomes mature, a sleeping person until he gets up, insane person until he recovers.” (Abu Dawud Hudûd, 17).

Conditions of applying the hadd for zina First of all, it is necessary to state the following: the fact that there are some conditions for the situations like fornication and slandering someone that he/she has fornicated dos not mean that no punishment is applied if those conditions are not present.

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