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Sunday, September 13, 2009

Zina=Public sex / Pornography?

I have come across this (mis)understanding  number of times that zina is sex in public or pornography. Verse 24/4 is used to justify the understanding of az-zina as pornography/public sex. It is said that verse 24/4 requires four eye witnesses for zina to occur.

That is incorrect. Four witnesses are necessary only when the accuser is someone other than the husband(24/4). When the husband accuses the wife, the other witnesses are not required(24/6). Then is is up to the wife to accept or reject the accusation of zina even without any other witnesses. Which disproves az-zina=public sex or that it requires eye witnesses to occur.

24/4: And those who accuse al-muhsanaat/secured/married women, then do not bring four witnesses, therefore you shall lash them eighty lashes, and do not accept any testimonies from them ever; and these it is that are the fasiqeen/wicked,

24/5: Except those who repent after that and reform, therefore Allah is certainly shielding, merciful.

24/6: And those who accuse their azwaaj, and have no witnesses for them except themselves, then the testimony of one of them is four testimonies with Allah that he is from the truthful ones.

Further proof:

The wife of Al-Aziz said that she did not betray him in absence(since her attempt to commit zina was unsuccessful).

12/52, "...I have not betrayed him in the absence"

It shows that the wife's betrayal(which is what az-zina actually is) does not have to be public in order for az-zina to occur.

Also, verse 4/34 tells that 'as-saalihat' women are those who guard what is to be guarded(which includes their chastity) in absence(of witnesses).

4/34: ...the saalihat/reforming/reconciling women are devoted, watching over for the absence with what Allah watches over;...

And according to 7/33, al-fawahish/lewd acts are forbidden in private just as in public.

7/33: Say: Certainly, my Lord has prohibited al-fawahish, that which is apparent of it as well as that which is hidden of it, ...

Moreover it is just nonsense to claim that cheating or betraying is OK behind closed doors.