Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

38 страница из 560

ADULTERY. Arabic zināʾ (زناء‎). The term zināʾ includes both adultery and fornication, but there is a difference in the punishment for these offences. [FORNICATION.]

Adultery is established before a Qāẓi, either by proof or confession. To establish it upon proof, four witnesses are required. (Qurʾān, Sūrah iv. 1.) When witnesses come forward, it is necessary that they should be examined particularly concerning the nature of the offence. When the witnesses shall have borne testimony completely, declaring that “they have seen the parties in the very act of carnal conjunction,” the Qāẓi passes sentence.

A confession of adultery must be made by the person who has committed the sin, at four different times, although, according to the Imām ash-Shāfiʿī, one confession is sufficient. Some of the doctors hold that if a person retract his confession, his retraction must be credited, and he must be forthwith released.

At the commencement of Muḥammad’s mission, women found guilty of adultery and fornication were punished by being literally immured—Sūratu ʾn-nisā (iv.) 19, “Shut them up within their houses till death release them, or God make some way for them.” This, however, was cancelled, and lapidation was substituted as the punishment for adultery, and 100 stripes and one year’s banishment for fornication.