|
Zināʾ (زِنَاء) or zina (زِنًى or زِنًا) is an Islamic law concerning unlawful sexual relations between Muslims who are not married to one another through a Nikah.〔R. Peters, Encyclopaedia of Islam, 2nd Edition, Edited by: P. Bearman et al., Brill, ISBN 978-9004161214, see article on ''Zinā''〕 It includes extramarital sex and premarital sex,〔Muḥammad Salīm ʻAwwā (1982), Punishment in Islamic Law: A Comparative Study, American Trust Publications, ISBN 978-0892590155〕〔Sakah Saidu Mahmud (2013), Sharia or Shura: Contending Approaches to Muslim Politics in Nigeria and Senegal, Lexington, ISBN 978-0739175644, Chapter 3〕 such as adultery (consensual sexual relations outside marriage),〔Ursula Smartt, (Honour Killings ) Justice of the Peace, Vol. 170, January 2006, pp. 4-6〕 fornication (consensual sexual intercourse between two unmarried persons),〔Z. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts, Int'l Journal on Human Rights, 15, 7-16〕 and homosexuality (consensual sexual relations between same-sex partners).〔Camilla Adang (2003), Ibn Hazam on Homosexuality, Al Qantara, Vol. 25, No. 1, pp. 5-31〕 Traditionally, a married or unmarried Muslim male could have sex outside marriage with a non-Muslim slave girl, with or without her consent, and such sex was not considered zina.〔Z. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts, SUR-Int'l Journal on Human Rights, 8(15), pp 7-33〕〔M. S. Sujimon (2003), (Istilḥāq and Its Role in Islamic Law ), Arab Law Quarterly, Vol. 18, No. 2, pp 117-143〕〔 *; *〕 In the four schools of Sunni fiqh (Islamic jurisprudence), and the two schools of Shi'a fiqh, the term zināʾ is a sin of sexual intercourse that is not allowed by Sharia (Islamic law) and classed as a hudud crime (class of Islamic punishments that are fixed for certain crimes that are considered to be "claims of God").〔Julie Chadbourne (1999), Never wear your shoes after midnight: Legal trends under the Pakistan Zina Ordinance, ''Wisconsin International Law Journal'', Vol. 17, pp. 179-234〕 To prove an act of zina, a qadi (religious judge) in a sharia court relies on an unmarried woman's pregnancy, the confession in the name of Allah, or four witnesses to the actual act of penetration. The last two types of prosecutions are uncommon; most prosecuted cases of zina in the history of Islam have been pregnant unmarried women.〔Kecia Ali (2006), ''Sexual Ethics and Islam'', ISBN 978-1851684564, Chapter 4〕〔M. Tamadonfar (2001), Islam, law, and political control in contemporary Iran, ''Journal for the Scientific Study of Religion'', 40(2): 205-220〕 In some schools of Islamic law, a pregnant woman accused of zina who denies sex was consensual must prove she was raped with four eyewitnesses testifying before the court. This has led to many cases where rape victims have been punished for zina.〔A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina, ''Islamic studies'', Vol. 38, No. 3, pp. 403-431〕〔Joseph Schacht, ''An Introduction to Islamic Law'' (Oxford: Clarendon Press, 1973), pp. 176-183〕 Pressing charges of zina without required eyewitnesses is considered slander (Qadhf, القذف) in Islam, itself a hudud crime.〔DeLong-Bas, ''Wahhabi Islam'', 2004: 89-90〕 The above sense of ''zina'' is not to be confused with the woman's name ''Zina'' or ''Zeina'' (زينة). The name has a different linguistic root (Greek ''xen''-), a different meaning ("guest, stranger"), is pronounced differently (either Zīnah or Zaynah), and is usually spelled differently.〔(【引用サイトリンク】url=http://www.thinkbabynames.com/meaning/0/Zina )〕 ==Islamic scriptures== Muslim scholars have historically considered zināʾ a hudud sin, or crime against Allah.〔Reza Aslan (2004), "The Problem of Stoning in the Islamic Penal Code: An Argument for Reform", ''UCLA Journal of Islamic and Near East Law'', Vol 3, No. 1, pp. 91-119〕 It is mentioned in both Quran and in the Hadiths.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「zina」の詳細全文を読む スポンサード リンク
|