Supervisors:
Dr. Khader Abd-Lateef Sawendek
Authors:
Balsam Fares Suliman Rabia
Abstract:
In the name of Allah, the Compassionate, the Merciful Praise be to Allah, Lord of the Worlds, and peace be upon his Prophet Mohammed and upon his companions; All societies fight adultery {Zina} and consider it a sin that leads to evil, and brings destructive consequences on individuals and groups. Adultery is the worst transgression that violates the honor. The positive laws addressed adultery and determined the appropriate different punishments. The ancients misdealt with adultery; however, the modern laws somehow ignored the punishment by restricting it to rape, or extra-marital sexual relationships considering it a violation of the marital life, while other forms of adultery are considered within the limits of personal freedom. Islam considers any sexual relationship, save as marriage, a transgression that any person who commits will be liable to punishment. Honor is considered among the five necessities, which Islam seeks to maintain namely religion, life, progeny, properties and mind. They are named the necessities because they are substantial for the maintenance of the individual and community. Thus, Islam advocates a number of specific measures to reduce the temptations towards sex outside marriage. Islam determined the preventative punishments for those who insist on fulfilling their sexual desires ignoring all principles and values. The determined punishment is conforming to the crimes and the danger of such crimes. Concerning the other sexual crimes, such as sodomy, lesbianism, having sex with animals and masturbation, the punishments determined for such crimes are reprehensive.