1. The Arabic root of the word fornication (zina) is zana.
2. To fornicate means to have sexual intercourse with a woman that one is not married to.
3. The man who fornicates is called “zani” and the woman is called “zaniyah”.
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4. Hanafis describe zina as a fiqh term as follows: the sexual intercourse of a man who is mukallaf (responsible) with religious decrees with a woman who is mature enough to be desired for sexual intercourse and who is not his wife or female slave in an Islamic country from the front part of their bodies.
5. Hence, It is necessary for the glans of the penis to enter the vagina for the punishment of hadd to be carried out. Other acts, for instance, kissing, hugging, rubbing the penis between the thighs, etc do not necessitate the punishment of hadd (punishment fixed by the Quran) although they are haram.
6. Since small children and insane people are not mukallaf, their fornication does not necessitate the punishment of hadd.
7. According to Abu Hanifa, anal intercourse with a man or woman (liwata) is not decreed as zina because it cannot be defined as zina.
8. Islamic scholars agree unanimously that the punishment of hadd is not needed for a woman who is forced to fornicate. As for the man who is forced, according to the preferred view of Shafiis and Malikis, it is not necessary to carry out the punishment of hadd or tazir (any punishment other than hadd) for such a man.
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9. Zina is regarded as a haram and ugly act in both Islam and the previous heavenly religions. It is one of the greatest sins. Its punishment is the most severe hadd punishment because it is a crime against honor and generations.
10. The punishment of the fornication of a single man and a single woman is one hundred stripes; the punishment of the fornication of a married man is rajm (stoning to death). Allah, the Exalted, states the following: "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 " (an-Nur, 34/2). The Arabic word “jaldah” (stripe) means hitting on the skin without penetrating the flesh. While flogging, thick clothes like the coat, jacket, etc of the person is taken off; the other clothes are not taken off.
"Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)." (al-Isra, 17/32). "Those who invoke not, with Allah, any other god, nor slay such life as Allah has made sacred, except for just cause, not commit fornication― and any that does this (not only) meets punishment (But) the Penalty on the Day of Judgment will be doubled to him, and he will dwell therein in ignominy " (al Furqan, 25/68).
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