What, when genital touching, but not enter, also including adultery punishable by stoning / flogging?
Assalamu `alaikum WarahmatullahiWabarakatuh,
But the form of adultery which gave birth to this hudud law is specific, ie as defined by the scholars. In much of the literature is often mentioned that adultery in this case is the inclusion of male genitalia into female genitalia out of wedlock or syibhunnikah.
Even the scholars of Al-Hanafiyah provide a much more detailed definition again that is: unlawful sexual intercourse by the woman's pubic mukallaf and musytahah living in conditions free of coercion and Islamic law in areas outside of marriage or a relationship of ownership or possession or doubtful doubtful marriage
If we breakdown the definition of Al-Hanafiyah about the limitations of adultery is flogging or stoning law requires this, then we could see more detail:
• Sexual intercourse : Whereas courtship is not until the penetration is not regarded as adultery
• The illicit : That the culprit was a mukallaf. Then, or else a madman or child is not included in this definition.
• In the pubic : So that when performed in the rectum is not included adultery by Al-Imam Abu Hanifah. While the Al-Malikiyah, ash-and Al-Hanabilah Syafi'iyah although performed on the rectum is included adultery.
• A Woman : When it's done on same-sex or to animals not include adultery.
• The Life: when performed on the corpse not include adultery.
• Musytahah: the point is not the woman's child is generally not attractive to fucked.
• Not Coercion : Rape is experienced by a woman does not require him to be punished.
• In the area of Islamic law. If the adultery was committed outside the jurisdiction to impose hudud law, then the culprit can not be forced to be punished according to hudud laws, either stoning or flogging.
• Outside the property relations or marital or doubtful ownership or doubtful marriage
All these conditions can we read in the books of fiqh, especially in the chapter on Zina. For example, the book of Al-Bada'i halaman33 volumes 7 and also the book of Al-Bidayah Syarhul Guidance Volume 4 page 138.
The scholars did require an ghiyabul hilangnyaataumasuknya hasyafah or part of the male genitalia into the female genitalia. It was based on the question to the Prophet Muhammad who admitted adultery Maiz: "Maybe we're just holding or just looking?". Maiz said, "Not only is it O Messenger of Allah". Prophet Muhammad asked in detail, "As the entry into mikhalah almurud? And like the inclusion of the bucket into the well? '. Maiz said firmly, "Yes!".
Mikhalah is the place to keep eye shadow which is usually a container and almurud is a kind of bar that can fit into the container.
So when a position is not just simply stick to what is defined as a form of adultery is based on the above hadith, because there is no entry of the events of the penis into the vagina.
But this is all part of adultery, although not yet up to keajiban stoning. And although the judge can not sentence him as hudud zina, still have a chance to give 'lessons' to the culprit. And this side of the Islamic jurisprudence termed ta'zir. The shape is up to the judge, who could make an important deterrent punishment and learned my lesson never again to do it.
For example, the perpetrator acts 'almost adultery' was punished by flogging about 50 times. In place of the hudud laws to whip 100 times for an unmarried or stoning for those who have never married.
Wallahu A `lam-shawab Bish, Wassalamu` Alaikum Wa Warahmatullahi Barakatuh.
By Iwan De Setia : Quoting sources who Requiring Zina Rajam / Whips
But the form of adultery which gave birth to this hudud law is specific, ie as defined by the scholars. In much of the literature is often mentioned that adultery in this case is the inclusion of male genitalia into female genitalia out of wedlock or syibhunnikah.
Even the scholars of Al-Hanafiyah provide a much more detailed definition again that is: unlawful sexual intercourse by the woman's pubic mukallaf and musytahah living in conditions free of coercion and Islamic law in areas outside of marriage or a relationship of ownership or possession or doubtful doubtful marriage
If we breakdown the definition of Al-Hanafiyah about the limitations of adultery is flogging or stoning law requires this, then we could see more detail:
• Sexual intercourse : Whereas courtship is not until the penetration is not regarded as adultery
• The illicit : That the culprit was a mukallaf. Then, or else a madman or child is not included in this definition.
• In the pubic : So that when performed in the rectum is not included adultery by Al-Imam Abu Hanifah. While the Al-Malikiyah, ash-and Al-Hanabilah Syafi'iyah although performed on the rectum is included adultery.
• A Woman : When it's done on same-sex or to animals not include adultery.
• The Life: when performed on the corpse not include adultery.
• Musytahah: the point is not the woman's child is generally not attractive to fucked.
• Not Coercion : Rape is experienced by a woman does not require him to be punished.
• In the area of Islamic law. If the adultery was committed outside the jurisdiction to impose hudud law, then the culprit can not be forced to be punished according to hudud laws, either stoning or flogging.
• Outside the property relations or marital or doubtful ownership or doubtful marriage
All these conditions can we read in the books of fiqh, especially in the chapter on Zina. For example, the book of Al-Bada'i halaman33 volumes 7 and also the book of Al-Bidayah Syarhul Guidance Volume 4 page 138.
The scholars did require an ghiyabul hilangnyaataumasuknya hasyafah or part of the male genitalia into the female genitalia. It was based on the question to the Prophet Muhammad who admitted adultery Maiz: "Maybe we're just holding or just looking?". Maiz said, "Not only is it O Messenger of Allah". Prophet Muhammad asked in detail, "As the entry into mikhalah almurud? And like the inclusion of the bucket into the well? '. Maiz said firmly, "Yes!".
Mikhalah is the place to keep eye shadow which is usually a container and almurud is a kind of bar that can fit into the container.
So when a position is not just simply stick to what is defined as a form of adultery is based on the above hadith, because there is no entry of the events of the penis into the vagina.
But this is all part of adultery, although not yet up to keajiban stoning. And although the judge can not sentence him as hudud zina, still have a chance to give 'lessons' to the culprit. And this side of the Islamic jurisprudence termed ta'zir. The shape is up to the judge, who could make an important deterrent punishment and learned my lesson never again to do it.
For example, the perpetrator acts 'almost adultery' was punished by flogging about 50 times. In place of the hudud laws to whip 100 times for an unmarried or stoning for those who have never married.
Wallahu A `lam-shawab Bish, Wassalamu` Alaikum Wa Warahmatullahi Barakatuh.
By Iwan De Setia : Quoting sources who Requiring Zina Rajam / Whips
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