assalaualikum all my muslim brothers and sister. i am in trouble please help me out. i am a muslim and offer five time prayer and sometimes tahajud also.i am married since 4yrs and have two children. since my marriage i mostly saw my husband talking to girls on phone,when i ask him he always ignored me by saying that i am suspicion. but time came when i saw him with a lady with whom he went to her house at 2am. i caught him on spot after that also he said that he is not wrong he never did wrong with her, he is just helping that lady, she is having some prob with her husband.that time the whole issue came in front of everybody. my husband in turn blamed me that i always trouble him by my suspicious nature and also said that i blame him of being impotent. the thing that was between we two he exposed that in front of everyone. oo god i am having two kids how come i blame him like this. the truth was that since a long time he was having problem while having sex, that's why i told him that we should consult a doc.his parents also supportted their son and blamed me. after a long 4 months i began to live with him again only for my kids.but still he was not accepting that he had done zinnah. but now before 4days after lot of prayers my god showed me his every truth, he is still committing zinnah with the same lady. when i asked him about all this his reaction was same as before that i am troubling him without any reason.but, when i showed him the proof there was no answer, he remained mum.and now he is seeking forgiveness from me and begging not to disclose this again. he is promising that he will never commit this sin again. i don't know what to do, should i tell that lady's husband about all this, should i disclose all this to my parents,,,,,,,,,,,,,,,,please help me out.

asked 1113 hina's gravatar image

Wa alaikom salam Sister,

My opinion is that you should go immediately to the Imam at your local Masjid and speak with him and show him your proofs. This is unacceptable in Islam. The following is some stuff about what it says in the Quran and in the Hadith about Zina. I myself would seek divorce immediately my personal opinion is once a cheater always a cheater I included both Sunni and Shi'a views on this situation. I will keep you in my thoughts and prayers inshallah ya rabb you will find what is the best answer for your situation....

**Surah 24. Light 1. A sura which We have sent down and which We have ordained in it have We sent down Clear Signs, in order that ye may receive admonition.

  1. The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.

  2. Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.

Qur'an

Islam considers zina a major sin. In this, Islam shares the same views as other Abrahamic religions, such as Judaism and Christianity. From the perspective of the Qur'an, the prophetic tradition, and Islamic law, sex uncoupled with a legally binding marital tie is considered zina, and is equally punishable for both women and men.

The Qur'an deals with zina in several places. First is the Qur'anic general rule that commands Muslims not to commit zina:

“Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).”

— Qur'an, Sura 17 (Al-Isra), ayat 32[1]

Most of the rules related to zina, adultery, and false accusations from a husband to his wife or from members of the community to chaste women, can be found in Surat an-Nur (the Light). The sura starts by giving very specific rules about punishment for zina:

"The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment."

— Qur'an, Sura 24 (An-Nur), ayat 2[2]

It then turns to false accusations from members of the Muslim community to chaste righteous women:

“And those who accuse free women then do not bring four witnesses, flog them, (giving) eighty stripes, and do not admit any evidence from them ever; and these it is that are the transgressors.Except those who repent after this and act aright, for surely Allah is Forgiving, Merciful. ”

— Qur'an, Sura 24 (An-Nur), ayat 4-5[3]

Hadith

Nearly all hadith collections include three hadiths that are central in the legal arguments about the punishment for zina:

One to the effect that the Prophet has enforced this punishment in a case of unlawful intercourse among Jews on the basis of the Torah;

a second one, transmitted by Abu Hurairah states that the Prophet, in a case of intercourse between a young man and a married woman, sentenced the woman to stoning and the young man to flogging and banishment for a year;

and a third one in which Umar al-Khattab asserts that there was a revelation to the effect that those who are muhsan (i.e. an adult, free, Muslim who has previously enjoyed legitimate sexual relations in matrimony regardless of whether the marriage still exists) and have unlawful intercourse are to be punished with stoning.

The hadith related by Abu Hurairah has been the basis of the fiqh doctrine.

The most accepted collection of Hadith Sahih al Bukhari has 4 entries (under 3829, 8804, 8805 and 8824) which refer to death by stoning. One case involved Jews who were stoned to death in accordance with the Law of the Torah (not the Qur'an). Another says: "A married man from the tribe of Bani Aslam who had committed illegal sexual intercourse and bore witnesses four times against himself was ordered by Mohammed to be stoned to death". These two hadiths clearly conflict as to who or what actually ordered the stoning. And in both entries, the narrator acknowledges his ignorance of whether the stoning to death was carried out before or after the revelation of Quranic Verse 24-2.

Inclusions of the zina definition

Sunni Zina encompasses extramarital sex and premarital sex between a man and a woman who are not married to one another or in a state of lawful concubinage based on ownership.

Shi'a

This includes the Sunni definition of zina and also includes: heterosexual intercourse, a great variety of sexual behavior: buggery, both with men and women, lesbian intercourse and heavy petting. Furthermore, Shi'a legal doctrine defines muhsan as an adult, free Muslim who is in a position lawfully to have sexual intercourse and whose partner is actually available (e.g. imprisoned or absent on a journey).

Accusation process and punishment

Given the severity of punishment for the offense of zina, the Qur'an requires solid proof beyond the shadow of doubt before convicting an individual, be it a man or a woman, of zina. Muslim jurists have derived from the Sunnah of Muhammad very strict requirements for proving zina. In fact, jurists unanimously agree on only two means of doing so:

1.A clear, free, and willful confession by the person guilty of the act of zina. However, if that person retracts his/her confession, he/she is not punishable (barring the presence of witnesses, as indicated below), because there would no longer be any proof of the occurrence of the prohibited act, and alternatively,

2.The testimony of four reliable Muslim male eye-witnesses[citation needed], all of whom must have witnessed the actual intercourse at the same time. It is pertinent to point out that the evidentiary requirement for zina was initially intended to protect men and women from frivolous charges. This intention derives directly from Asbab al-nuzul (reasons of revelation) relating to the Qur'anic verse that establishes the hadd of zina. Therefore it is believed that the requirement of four witnesses (with all its restrictions and specifications) is considered a merciful measure from God in order to not only avoid incriminating innocent people, but also to preserve the privacy of Muslims, which is one of the most valued principles in Islam.

In the case of a confession, it is recommended that the judge ignore the first three iterations of such confession. The confession does not become legally binding unless it is repeated freely four different times.

Sunni practice

All Sunni schools of jurisprudence agree that zina is to be punished with stoning if the offender is muhsan. The Hanafis and Hanbalis require that both partners in the act be muhsan for stoning to be applied. Persons who are not muhsan are punished with one hundred lashes if they are free and with fifty lashes if they are slaves, followed with banishment for the period of one year (six months for slaves). The offenders must have acted out of their free will; a woman who has been raped cannot be punished with the hadd penalty.

In relation to homosexual intercourse, there is difference of opinion within Sunni belief. The Shafi'is and Hanbalis regard it as zina. If the act has been testified to by four male eyewitnesses, the active partner, if he is muhsan, is to be punished with stoning, the passive partner with flogging and banishment. The Malikis do not require Ihsan for the imposition of stoning. According to the Hanafis, homosexual intercourse can only be punished on the strength of tazir. Minimal proof for zina is still the testimony of four male eyewitnesses, even in the case of homosexual intercourse.

Shi'a practice

Again, minimal proof for zina is the testimony of four male eyewitnesses. The Shi'is, however, also allow the testimony of women, if there is at least one male witness, testifying together with six women. 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). If their testimonies do not satisfy the requirements, they can be sentenced to eighty lashes for unfounded accusation of fornication (kadhf). If the accused freely admits the offense, the confession must be repeated four times, just as in Sunni practice.

Circumstantial evidence is not admitted, with one major exception: under Maliki law, pregnancy of an unmarried woman is regarded as evidence of fornication. However, even if the act has been proved, punishment can be averted by shubha which is a formal refutation to the legal limits of the law. For example, a woman could have become pregnant through intercourse between a marriage that is null and void, or through intercourse with her lawful master (as a female slave). Accusation of a extramarital pregnancy as zina, as well as claims of rape, have been the source of worldwide controversy in recent years.

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Asked: May 09 '12 at 04:05

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