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Background reading material for Year 1 Semester 2 PPSD Session on Wednesday 30th January 2008 by Professor Omar Hasan Kasule Sr.
1.0 BACKGROUND TO ZINA
The term zina is used to refer to all forms of extramarital sexual intercourse. It evokes severe moral sanctions in a Muslim society. Therefore healthcare practitioners can use it to change behavior of their patients in a very effective way.
Non-coital zina is a type of minor zina committed by the eye, the ear, the tongue, the mouth, the limbs, and the hands. These organs are involved in antecedents to the actual crime of illegal sexual intercourse. Activities that can lead to zina are condemned as much as the crime itself.
Preventive measures of zina are education, goof child upbringing, early marriage, and following the Law. Zina and its antecedents are avoided by modesty in dress; prohibition of immoral mixing of males and females (ikhtilaat) and seclusion of unrelated males with females (khalwat), and guarding the privacy of the home.
False accusation of zina is severely condemned. Pornography is forbidden because it is conducive to zina. Social disapproval of zina by the family and the community is more effective than legal deterrents.
2.0 ANTECEDENTS OF ZINA
The antecedents of zina are trans-sexual dressing and behavior, immoral mixing of the 2 genders, seclusion, lustful gazes; and indecent exposure. These either singly or in combination create an atmosphere conducive to committing zina.
3.0 ADVERSE EFFECTS OF ZINA
Adverse effects of zina are sexually transmitted diseases, out of wedlock births and illegitimate children who live in physical and emotional deprivation, family break-down, and high rates of divorce.
4.0 PROSTITUTION
Zina as a result of consensual understanding involving married or unmarried persons is severely prohibited. It may take the form of prostitution involving exchange of sexual favors in return for monetary or other benefits is prohibited. Forcing women into prostitution is forbidden. Earnings from prostitution are illegal.
5.0 ABNORMAL SEXUAL BEHAVIORS & PRACTICES
Anal intercourse (liwaat) male and male or male and female, is severely prohibited. The Law prohibits copulation with animals or use of sexual objects and fetishes. Severe punishment is prescribed for a male who commits rape. A woman forced into illegal coitus is not punished. Incest is a severe crime with severe penalties
5.0 ABNORMAL MARITAL ARRANGEMENTS
The law prohibits abnormal marital arrangements that lead to illegal sexual intercourse. These include temporary marriage; marriage with intention to divorce; nikaah al shighaar (males exchange female relatives in marriage without paying dowry), and a marriage that is concluded without following the Law.