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Saturday, June 22, 2013

PRE-MARTAL SEX

Being a human being and a member of society, Man has some duties to perform and obligations to fulfill. But the spirit of duty and sense of obligation are not inborn. He has to acquire them by dint of proper culture. This culture must be processed through some prescribed principles and orders. Man has instincts, both good and bad. By habitual culture he may develop the good instincts and give up the bad ones. Good morals is the backbone of the society without which no good social order can be formed. Pre-Marital sex is one of the sins which man commit under the impulse of his useful nature, which run counter to the purpose of his creation according to Islam. In order to met up with the purpose of our creation and build a society with good social order. This lecture focus on pre-marital sex, Meaning, Purpose, Causes, effects, punishment it proffer solutions that will ensure safety society and good social order. Others area examine are morals, pornography and others. Definition of Terms The modern Man visualize illegal and deviated sexual gratification as natural acts and regard Marriage as an unnecessary …….. They feel it is perfectly natural that whenever one feels the urge, or finds the opportunity, and whenever two members of same or opposite sex mutually agree, sexual intercourse should take place, even without the presence of a deeper spiritual bond. Whereas all the revealed all religious have prohibited fornication and adultery and have fought against these crimes against society. Islam laids clear steps towards perfecting it and very strict in prohibiting Zina as it leads to confusion of lineage. Child abuse, the breaking-up of families, bitterness in relationships, the spread of venereal diseases, general laxity in morals, open the door to a flood of lust and self-gratification Hence in Islam whatever excites passions, opens ways for illicit sexual relations and promotes indecency and obscenity is prohibited. Pre-Marital sex-in Arabic word is Zina- which refers to sexual intercourse between a Man and Woman not married to each other. It is immaterial whether one or both parties have their own spouses living or are unmarried. It is also insignificant whether it is with the consent of the parties. The word Zina in Islam- applies to both adultery (where one or both parties are married to a person or persons other than the persons involved in the sexual intercourse) and fornication where both parties unmarried. ●Fornication has been define in order way- as the disappearance of the glans penis of a sober and sensible major (adult) person into the vagina of a woman, not his own legally married wife and this act not being due to any mistake or compulsions. While the English word adultery applies to a Married Man or Woman indulging in illicit sexual intercourse with one who is not the legal wife or husband, while fornication implies that both parties are unmarried. Islam considers Zina not only as a great major sin, shameful in itself and inconsistent with any self-respect or respect for others, but also an act which open the gate road to many evils. It destroys the basis of the family, it leads to quarrels and murders, ruin reputation and property, spread numerous disease, both physical and spiritual, it works against the interest of children born or to be born;, also loosen permanently the bonds of society. Hence Islam says not only should it be avoided as a sin, but any approach or temptation to it should be avoided. (The Holy Qur’an enjoins upon us: - “Do not come nearer to adultery for it is shameful deed and an evil, opening the road to other evils. (Q17 v 32)” Fornication creates disturbance in genealogy and is the cause of many dissensions and strife and in an evil way makes its head in the society). The Prophet (S.A.W) declared that Zina is the greatest crime/sin after shirk (associating partners with Allah”. “There is no sin after shirk greater in the eyes of Allah than a drop of semen which a semen which a Man places in the womb which is not lawful for him” Another hadith places it next after shirk and the killing ones child for fear of poverty. “Abdullah Ibn Masud reported; I ask the Prophet (S.A.W), “O Allah’s Apostle which is the biggest sin? He replied; To set up a rivals with Allah by worshipping others though He alone has created you. “I asked “What is next? He said “To kill your child lest it should share your food”. I asked? what next? He said “To commit illegal sexual intercourse with the wife of your neighbour”. (STEP TOWARDS ADULTERY) Forms of Zina: Zina is a very grievous crime. One should not even draw near it implies that one should not even commit those actions which are done by the preliminary impulses of lewdness as seeing a woman without legitimate authority of shariah. Kissing a woman, shaking hands with a woman as it is common today. The major forms of adultery according to the hadith of the Prophet are the following: “The Zina of legs” “The Zina of hands” “The Zina of eyes” The first step towards adultery is provided by having a passionate look at an unknown woman. The Holy Prophet (S.A.W) reported to have said “Even to look at unknown woman (with a passionate look) is also a sin”. Other steps towards adultery are prohibited by the Prophet (S.A.W) in this hadith. “The adultery of leg is walking (towards an unlawful woman with bad intention) and the adultery of the hands is touching and patting (an unlawful woman) and the adultery of eyes is casting passionate glances (at a woman”. Islam forbids looking at a member of the opposite sex with desire; for the eye is the key to the feelings, and the look is the messenger of desire, carrying the message of fornication or adultery. A ancient Poet said:- “All affairs begin with the sight, the raging fire a spark can ignite”. Contemporary Poet declares:- (A look, then a smile, then a nod of the head, then a talk, then a promise, then the warmth of the bed.” The term “the lustful look” gives sexual pleasure and gratification in an unlawful manner. Indeed, such hungry and lustful looks are not merely a danger to sexual morality but they are also result in agitation of the mind and disturbed thoughts. Causes of Pre-Marital Sex (ZINA)  Corrupted heart or unpurified heart  Not being shameful  Things that corrupt heart ●“Once a man came to the Holy Prophet (S.A.W) and asked him to permit him to engage in fornication. The Prophet (S.A.W) remained silent for a while, while the companions around him rebuked the man at his discourteous and insolent questions to the Prophet. They said to him that he should control his tongue in the presence of the Messenger of Allah and should not utter such derogatory statements. The Prophet S.A.W called him near and asked him whether he approved of this act being committed to his mother, daughter, sister, paternal or maternal aunt. He said “May Allah sacrifice my life on you, O messenger of Allah never! “The prophet replied, “Similar is the case with others. They will greatly abhor this action being committed to their mother, daughter, sister, paternal and maternal aunts. “Then the Messenger of Allah prayed to Allah on his behalf that his heart be purified and his shameful parts are made secure. Abu Imama mentions that after this prayer his condition became such that he did not cast an eye on any stranger woman. ●Immorality as opposite of modesty and when haya-modesty purity of mind, body and soul are displaced, immorality, with all its accompaniment of evil and other disastrous consequences becomes the order of the day. The displacement in a community opens the door to the worst kind of vice which ruins the moral, spiritual and physical fibre of the human being. Man’s natural barrier against immorality is the noble attribute which Allah S.W.T has endowed to people in various degrees. The importance of haya can be seen from the fact that the Prophet S.A.W equates haya with Iman (faith) according to the hadith “Haya is a branch of Iman. In addition Prophet (S.A.W) said “If you don’t feel ashamed, then do whatever you like.” “Immorality will certainly fill the Vacuum left by the elimination of haya”. The Qur’an cautions believers: “Do not follow in the footsteps of shaitan, for verily, he is for you an open enemy. He commands you with evil and immorality”. ●Spiritual-emptiness  Things that corrupt the heart and therefore serve as part of the causes:-  Bad companying  Reading romantic novels/ page 3 of the sun e.t.c  Watching sexy films-Blue films, keeping company of the opposite sex - travelling, bus, wrong sitting - okada e.t.c.  Music, Pornography, chatting on facebook  Africa Magice.t.c  Cell-Phone- night calling - cool………….  Indecent dressing Internet exploration- the influence.  Wrong walking/ movement  Lustful looking  Shaking hands with opposite sex  Modeling  Masturbation  Uncontrolled access to sexually explicit information. Consequences / Implication Effects of Pre-Marital Sex (ZINA) ● Is a great sin ● Shameful acts open the rosad to ● Shameful in itself - acts ● In consistent with any self-respect or respect for others ● Opens the road to many evils. ● Destroys the very basis of the family ● Leads to quarrels and murders ● Ruins reputation and property ● Works against the interest of children born or to be born. ● Loosen permanently the bonds of brotherhood and society. ● Creates disturbance in genealogy and cause many disspensions and strife. ● Child abuse ● Early pregnancy ● death ● abortion ● general laxity in morals ● unprepared fatherhood / motherhood ● sudden termination of education career  loss of scholars or potential assets for Islam  AIDs/HIV  Set-backs-spiritually, socially and economically  PUNISHMENT. PUNISHMENT FOR ZINA. ●Zina (fornication) adultery) is a serious crime and major sin which takes away the quality of faith from a person, and exposes him to punishment and humiliation unless he repents. The Qur’an and hadith have clearly defined the punishments to be meted out to those committing Zina. The 1st injunction was directed towards the women restricting those guilty of Zina to their homes until death. Q4 v15:- “If any of your women are guilty of adultery, take the evidence of four (reliable) witness from amongst you against them; and if they testify, confine them to their houses until death do claim them, or Allah Ta’ala ordain for them some other way.” ●Major opinions on the word “fahishah” refers to adultery ohishah” refers to adultery ohishah” refers to adultery ohishah” refers to adultery or fornication. SENCOND revelations directed towards both men and women: If two persons among you are guilty of adulty, punish them both, if they repent and amend, leave them alone for Allah is Oft-Returning, Most Merciful.” The 3rd Injunction categorically and specifically defined the punishment to be meted out to the offenders: Q4v2: “The woman and the man guilty of adultery or fornication, flog each one of them with a hundred stripes, let them not compassion move you in their case in a matter prescribed by Allah, If you believe in Allah S.W.T and the last day and let a party of believers witness their punishment.” NOTE: Believers, no hesitation, diminish the punishment, withdraw, devise light public e.t.c. The punishment should not be in solitary confinement. It should be administered before an assembly of Muslims because in that humiliation there is the perfection and publicity of the punishment and a source of lesson for the others or on lookers. Others are: Prophet (S.A.W) said “No adulterer is a believer at the time when he is committing adultery” ●If a man commits Zina, faith comes out of him and hovers over him like a cloud, then when he stops, faith returning to him” Punishment Prophet experienced during Israil Wal Miraj. Also it is not permissible for a man or woman who has committed Zina to get married until after he or she has repented. Q24:3. “The adulterer-fornicator marries not but an adulteress-fornicatress or a mushrikah…… Q24 v2: There should be no confusion as per the case of fornication, the punishment for adultery is not hundred lashes though Qur’an may remained silent on rajm (stoning to death). This following hadith clarifies it. Sahih Bukhari: - Kitab Prophet (S.A.W) clarified the injunction: “Take it from me, accept it from me, undoubtedly Allah has now shown a path for them (adulterers) for unmarried persons (guilty of fornication), the punishment is one hundred lashes and an exile for one year. For married adulterers, it is one hundred lashes and stoning to death.” Caliph ‘Umar (r.a.h) also predicted anti-rajm sentiments in future generations; Ibn Abbas (Rd) has reported: “Umar said: I am afraid that after a long time has passed, people may say; “We do not find. The verses of rajm (stoning to death) in the Book of Allah, and consequently they may go astray by leaving an obligation that Allah (S.W.T) has revealed. L I confirm that the penalty of rajm be inflicted on penalty of rajm be inflicted on him who commits illegal sexual intercourse if he is already married and the crime is proved by witnesses or pregnancy or confession.” Some scholars are of the opinion that an offender who is going to be stoned to death, need not punished with a hundred lashes, citing the incidence where the Prophet S.A.W stoned two Jewish adulterers and with held lashing them. Some Jurists are of a contrary opinion maintaining that Caliph Ali (Rd) punished a woman with lashes on a Thursday and stoned her on a Friday. His explanation was that she was lashed in accordance with Qur’anic injunction and stoned in keeping with prophetic compulsion. CONDITIONS TO BE FULFILED BEFORE THE HADD OF STONING TO DEATH. Anyone who has been accused of Zina, has to be proven guilty by one of these conditions.  Be sane  Be a Muslim  Be Married  Must have reached the age of puberty  Must be a free man not a slave  Four eye witness  Self confession  Circumstantial evidence e.g. an unmarried woman becomes pregnant.  Li’an i.e each of the spouse curses himself / herself in the event of his/her allegation  of adultery is incorrect and courses the other if the allegation against him/her is fabricated. FOUR EYE WITNESS Seen, Caught red handed, All witness- Muslim Mature, Sane; Pious & trust worthy. bear testimony in one sitting otherwise: Q24 v 4-5 “And those who launch a charge against chaste women, and produce not four witness (to support their allegations), flog them with eighty stripes, and reject their evidence ever after, for such men are wicked transgressors. Unless they repent thereafter and mend their behaviour then Allah S.W.T is oft-forgiving most merciful.” Q24 v 4-5. ●Case of false allegation Aishah R.A Return from the expewcdition to the Banu Mustaliq 5-6 A.H Looking for valuable necklace Safwan – Mahajir-companion -Chief of the MEdinah – hypocrites Abdullah Ibnubai Q24:23-27 “Those who slander chaste women, indiscreet but believing are cursed in this life And in the life hereafter, for them is a grievous penalty on the DSay of Judgment, Their tongues, their hands, and their feet will bear witness against them as to their actions”. -3 types of punishment directed towards the slanderer:- Corporal Punishment (80 strips) Moral Punishment (deprived witness) Religious Punishment Estigmatised as being impious. SELF CONFESSION Guilty persons feel remorseful and voluntarily present themselves to receive the penalty’ 4 confession voluntarily makes in one sitting. Maize Ibn Malik Al-Aslami come to the Prophet S.A.W, while he was in the mosque and confessed of his sin saying: O messenger of Allah “,I require you to cleans and Purify me of this evil” The Holy Prophet S.A.W turned away from him and sent him away saying, “Go back and seek forgiveness of Allah S.A.W and turned to Him penitently.” Repeated 4 times- from adultery. -Insane, drunk wine, committed adultery, are you married? Do you know what is Zina – Yes ●Stone strunk him, he began feeling………….. Why did you not let him off so that he might have turned to Allah repentantly and Allah would have also looked at him forgivingly. ●Female - Confession A woman from Ghamid came to the Prophet (S.A.W) and said, “O prophet S.A.W of Allah I have committed adultery so purify me. ”The Prophet S.A.W sent her away. The following day she returned and said, “O Prophet of Allah S.A.W, “Why do you turn me away? Perhaps you turn me away as you turned away Ma’iz. By Allah I have become pregnant. He said, well, If you insist upon it, then go away until you give birth to the child, when she delivered she came with the child wrapped in a rag and said “Here is the child whom I have given birth to. “He said return and suckle him until you wean him., “When she had weaned her child she lame to him with the child who was holding a piece of bread in his hand. She said “O Prophet of Allah S.A.W, here he is. I have weaned him and he eats food. The Holy Prophet S.A.W entrusted the child to one of the Muslims and thereafter pronounced punishment. While stoning her some blood fell on Khalid Ibn Walid’s face who rebuked and cursed her so loudly that the Prophet S.A.W over heared him. The Prophet S.A.W saw said; “Softly O Khalid, this woman has repented so sincerely that if it were to be divided among seventy people of madina it would have been sufficient for their salvation.Prophet presided over the Janazah (funeral ceremony) Jews cases adultery and their revelations. CIRCOMSTANTIAL EVIDENCE If an unmarried woman is found to be pregnant, then the authorities are to Investigate and found whether she committed Zina voluntarily or forcefully. Similarily, If a woman is married to a person whose reproductive organ has Been amputed or to a boy who is sexually not mature, and she is found to be pregnant, they are also to find out the cause of her pregnancy. The same injunctions applyes to a woman who was married and gave birth to a child within less than six months from the day her husband had sexual intercourse with her. Once Zina has been proven beyond a shadow of doubt then the punishment will be administered irrespective of the status and the prominence of the offender. Example- Punishment given to Ubaidah, alias Abi-shamhah, the second son of caliph Umar. A Jew house, drank wine and intoxicated.- Sleeping woman pregnant, legitimate and illegitimate confirmed, caught him by the collar, punishment secret and no public disgrace no mercy. MUTUAL IMPERCATION. Under no circomstances should a husband intentionally deny the fatherhood of his child on flimsy evidence or mere imagination of his enemies. But if there is concrete proof depicting the dishonesty of his wife and the resultant child being the product of an adulterous affairs, then in such cases shariah does not want to impose the responsibility of the woman nor does it want to make him an illegitimate heirs to his property. This is where the provision of mutual impercation becomes operational. First four witness shall be demanded of the man who accuses his wife of adultery if he produces four witnesses then the woman shall be given the punishment of adultery. If he does not produce four witnesses then, he shall be told to swear by God four times that he is truthful the accusation he did not tell a lie in casting upon his wife the implication of adultery. In other words these are the four witnesses on oath in place of witnesses on oath in place of witnesses of men. Case of Hilal Ibn Ummaya wife committing adultery and witnessed it. The Prophet S.A.W advised him to produce evidence or else he could be lashed eighty stripes since there was no alternative. The prophet S.A.W was about to order punishment when divine revelation intervened. Q24 v 6-9 “And for those who launch a charge against their spouses, and have in support no evidence but their own, their solitary evidence can be receive if they bear witness four times with an oath by Allah that they are solemningly telling the truths and the fifth oath should be that they solemnly invoke the curse of Allah on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times with an oath by Allah S.W.T that her husband is telling a lie; and the fifth oath should be that she solemnly invokes the wrath of Allah on herself if her accuser is telling the truth; OTHER RELATED CONCEPT / PUNISHMENT Sodomy (Al-lwa’t) homosexuality- It is an unnatural act of sex to satsfy ones passion. Qur’an speaks Q7 v 84. We also sent Lut: he said to his people: “Do you commit adultery as no people in creation committed before you? for you practice your lusts on men in preference to women; you are indeed a people transgressing beyond limits; Prophet (S.A.W) also reported to have said: “Four types of people get up in the morning while they are under the wrath of Allah and they sleep in the night while they are under the displeasure of Allah.” He was asked: “Who are they, O Messenger of Allah? The Prophet replied: Those men who try to resemble women and those women who try to resemble men (through dress and behavior) and those who commit sex with animals and those men who commit sex with men.” Another one (Homo-sexuality Lesbianism/gay culture. “One who kissed a boy with passion, Allah most high will punish him for a thousand years in the fire of hell.” “The Prophet said: “One who touched a boy with passion, he will be cursed by Allah, the angels and all the people,” “It is related by Ibn Abbas that the Prophet (S.A.W) said; Allah most High will not look at a man who committed sex with a man or a woman through her anus.” “If a man commits an act of sex with a man, they both are adulterers and if a woman commits such acts with a woman, then both of them are adulterersses.”

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