جُرمِ زنا، اس کی ابتدائی تعریفات اورسزاسےمتعلق فقہ اسلامی اورمعاصر قوانین کاعلمی وتقابلی جائز

ہ A Comparative Analysis of Adultery as offense and “Had” and its precursors in Islamic Fiqh and Modern Legal system

Abstract

This Research paper elucidates, an important issue of Islamic legal system i.e. Adultery. The paper discusses Adultery as “Had” in all its pragmatic and semantic forms. Adultery as “Had” apparently seems to be by some of the modern critics, Modernists as barbaric and inhuman, influenced by western propaganda. Nusus of Quran and Sunnah and Seerah determine preconditions before conviction and prosecution. Legal Maxims like “Motivate the accused, not to plead guilty” (Quaid e fiqhia), glorifies the profundity and exactness of Islamic legal domain over contemporary Anglo-Saxon Law. Adultery with mutual consent, without consent or Rape and all forms have been discussed by all Islamic legal schools and its declaration as Had or Ta,azir within the realm of Islamic Jurisprudence. The contents of this Research study represent a comparison of Islamic Legal System and Anglo-Saxon Law within Egyptian Legal System scenarios. Egyptian democratic republic was colonized by both French and Britishers. The concept of promulgating punishment for Adultery or Rape are quite different and are based either on Anglo-Saxon or pure secular interpretations. Persons committing Zina or Rape may or may not be punishable, if they had a mutual consent, except for a person that forcefully Commits Rape. All precursors of Zina, including dating, matting and even having extra-marital relations are not considered as Zina.