Sexual intercourse is defined by the act of penetration of the penis or male genital organ into the virginal or anus of a female, the anus of a male or the virginal and the anus of animals, either male of females. Islam allows sexual intercourse to be done lovably between husband and wife. When it is done unlawfully to a woman or to an animal it is call zina. Sexual intercourse that involved the anus of a man or animals are call Liwat and it is also a form of Zina. Zina is not allowed in Islam and those that commit the act of zina can be punished by the Laws of Hudud and Takzir. The laws of Hudud applies when a person who has committed zina in the name of Allah has seriously declared without compulsion before the judge that he or she has committed zina or the acts of zina has been witnessed by four pious and reliable Muslims. Zina performed in this situation warrant the punishment of Hudud Laws. In case the person who has performed zina has not been married, the punishment told by Allah in the Quran is to beat them with 100 canning. In case the person who has performed zina is a married person, the punishments told by Allah in the Quran are to stones his or her to death. A situation where a person himself or herself admits in the name of Allah that he or she commits zina is a very rare situation. It will only happen to those who are very pious and muttaqin. A pious or muttaqin men and women who accidentally involve in the acts of zina will not stay at peace until all his sins are forgiven by Allah in this world. In order for his or her sins to be forgiven in this world, he or she must make sincere repentance before Allah and be punished by the laws of Hudud in this world. Since in our times they are no or rarely any pious or muttaqin peoples, so the chances that a pious and muttaqin person accidentally commits zina and willingly come forward to declare before the judge that he or she commit zina is very slim. Lihat penjelasan oleh Ustaz Kazim Elias Al-Hafiz CLICK
At the time of Prophet Muhammad saw, there is one married lady but pious and muttaqin who accidentally involved in the acts of zina. She comes forward to declare before the Prophet Muhammad saw that she had committed zina or adultery and she requested the Prophet saw to perform the laws of Hudud upon her. Prophet Muhammad saw advised her to go home and get the baby delivered and only after the baby had been delivered, the Prophet advised her to come back to Prophet saw. When the baby had been delivered, as promised, she go back to the Prophet Muhammad saw with the baby in her hand and reminded the Prophet Muhammad saw about the punishment of Hudud to be imposed upon her. Once again Prophet Muhammad saw asked the lady to go back to her homes and fed the newly born baby with her milk and only then, to come back to the Prophet saw for the punishment. When the baby was reasonably aging and had been able to eat other foods other than milk, the lady went back to Prophet Muhammad saw with her baby holding a piece of bread in her mouth. Only after this time did the Prophet saw performed the punishment of Hudud on her. During the stoning ceremony of the lady, there is blood being splashed on the body of one of the companions, who remarked that the blood is a dirty blood that comes from the body of dirty woman. On hearing the remarks made by the companions, Prophet Muhammad saw said with the approximate meaning, don’t you ever speak like that to her, she had made repentance and her repentance is so pure and sincere and in case the repentance were to be distributed to the whole peoples of Hijaz, it would be sufficient to save all of them from the Hell. Prophet Muhammad saw further said to the companions that, I am seeing her swimming in the rivers of Heaven. In my opinion, this situation whereby the person herself or himself willingly comes forward to admit that they are committing zina is the situation not to be found any longer nowadays.
The situation where we have to have four witness of pious and reliable person that saw with their own naked eyes a person committing zina is also a situation very hard to find not only during our time but also during the time of the Prophet and the companions. It has never been reported at the times of the Prophet Muhammad saw and the four righteous caliphs that such incidence ever happened and what more during this time of ours. A person who is committing zina among pious and reliable persons is the situation very difficult to find unless acts of zina is performed in the mosques or in a gathering of pious and reliable peoples. A person who is doing the acts of zina among the pious and reliable Muslims is a very bad, highly immoral and animalistic character type of a person. No one who has even a tint of moral would ever do such acts in the midst of pious and reliable Muslims. A person who dared to commit zina in the midst of pious and reliable Muslims is a very bad, highly immoral, and animalistic in character, and the punishment that is suitable to that person in that situation is the punishment of Hudud. Hudud punishment would be suitable to that person who commits acts of zina in the midst of pious and reliable Muslims. In case they are married, they have to be stone to death. In case they are still singles they have to be canned by 100 canning. Hudud punishment will also acts as deterrent to the pious and reliable Muslims who saw the acts of zina being performed. A pious Muslim can be defined by a Muslims who daily do the work of the Prophet and perform five times prayers with congregation, performing of fast in the month of Ramadan, giving of alms to the poor and performing pilgrimage to Mecca CLICK. A person who is committing zina among pious and reliable Muslims must be a person who is not having any iman but pretending to have iman and is trying to cover up his bad natures and characters by mingling with the pious and reliable Muslims. The act of zina witness by pious and reliable Muslims is most likely the act of zina performed with another men or animals. Acts of zina that involved women would not be witness by four pious and reliable Muslims as pious and reliable Muslims do not sit and mingle in gatherings with impious women. Four people who sneak into a room or peak through a hole in the wall of the room and saw zina being performed inside the room are not pious and reliable Muslims and they cannot become the four witnesses in the law of Hudud. In order to have four witnesses of reliable and pious Muslims to see acts of zina being performed by their naked eyes is almost an impossible situation to find. In case there is, the punishment of Hudud has to be performed on those persons who perform the acts of zina.
Many Muslims who are sensible and having at least a tint of moral but with little or no iman will do the acts of zina in a closed room or house. Many Muslims with weak iman will do the acts of zina but they will never disclose it to anyone and what more to declare it to the judge and being punished with the Hudud laws. Couples who commit zina in the car and being caught right handed by Pegawai Pencegah Maksiat cannot be charged with Hudud laws because in most cases are only caught by one Pegawai and the Pegawai is also not pious and reliable. In order for the punishment of Hudud laws to be applied on the couples, four pious and reliable Muslims should be watching the actual act of penetration of the men’s penis into the women’s virginal. Can we imagine such situation will ever exist in Malaysia or in any Muslims countries? It is most unlikely to happen and the probability that at one time four pious and reliable Muslims are watching an acts of sexual intercourse being done openly by a Muslim couples is very slim. In other words, the chances that Hudud laws would be applied will be very rare. Many Muslims will do the acts of zina in a closed room or house and none except both of them know that they are doing the acts of zina. When both of them are grown up adults and do the acts of zina willingly, none will ever know that they have performed the acts of zina unless the women has become pregnant. In this case there are no four pious and reliable Muslims watching the couples doing the acts of zina and acts as the witness for the case, but there are evidences to support the accusation that the acts of zina has been committed by the woman, the evidence is the woman has become pregnant. We can use DNA of the baby conceived by the lady and the DNA of the man accused of doing the act of zina as evidence. When there is a match in the DNA, judges can use the evidence to charge beyond doubt that the man had committed zina. The case cannot come under the law of Hudud but it can come under the law of Tak’zir. The persons of the zina will be punished according to the verdict of the judges and not by the laws of Hudud. Under certain circumstances the judge may even pass a death penalty to those who perform zina.
In other words, Malaysia can practice Islamic laws as in most cases of her criminal cases that involve zina. I think, in most criminal cases that involve zina it only require the application of the law of Tak’zir. It is very unlikely that Hudud laws are applied in many criminal cases that involve zina in Malaysia. In my opinion, I think there will be no one in Malaysia who has the strength of iman to be able, to admit in the name of Allah, that they have done zina and that, they personally request for the application of Hudud laws on them. Secondly in Malaysia, it would be almost impossible to obtain four witnesses in any criminal cases that involve zina, who are pious and reliable Muslims. In my opinion, most if not all cases of criminal cases that involve zina needs only the application of the laws of Tak’zir where judgements are only made by the judges on the basis of the availability of evidences such as DNA and others and not the laws of Hudud.
In the case of Dato’ Seri Anwar Ibrahim CLICK and Mr Saiful Bukhari, we cannot used the punishment of Hudud on Dato’ Seri Anwar because we cannot have four pious and reliable witnesses on the case but we can use the punishment of the laws of Tak’zir, whereby the punishments are being decided by the judges base on the evidences available. Since the DNA found in the rectum of Mr Saiful Bukhari match the DNA found in the towels and toothbrush use by Dato’ Seri Anwar when he was in the lockup, so the evidences available strongly suggest beyond any doubt to the judge, that Dato’Seri Anwar had ejaculated his semen into the rectum of Mr Saiful Bukhari, which in other words, Dato Seri Anwar has done zina. Base on this evidences, the judge on his discretion can give the form of punishment seems suitable to Dato’ Seri Anwar. In this case we cannot use Hudud Laws to punish Dato Seri Anwar because we do not have four pious and reliable witnesses, but Dato Seri Anwar can be punished under the laws of Tak’zir. Laws of Tak’zir and Hudud are two different forms of punishments, with the laws of Hudud as punishment directly come from Allah, and the laws of Tak’zir as punishments decided by the judges when there are no four pious and reliable witnesses and no self-admittance on the part of the accused or the doer but there are evidences available to suggest that zina had been committed. Why do Dato Seri Anwar Ibrahim, PAS leaders and PAS members are screaming for four pious and reliable witnesses? In case there are no four pious and reliable witnesses, under the Islamic laws, Dato Seri Anwar can still be charged for zina in the court when there are evidences available. When Siti Zulaika was trying to seduce Nabi Yusuf, there were no four pious and reliable witnesses but there are evidences available to suggest to the judge that it was Siti Zulaika who was trying to seduce Nabi Yusuf and not vice versa. The evidence was the torn on the cloth of Nabi Yusuf was at the back of the cloth and not in the front. Why do PAS CLICK leaders are telling lies to the public that to pass judgements and punishments by using only evidences are not Islamic? PAS leaders with their Islamic colours are lying to the Muslims that In Islam there is only Hudud Laws. They say, if there are no four reliable and pious Muslims as witnesses, the case is regarded as null and void. PAS want to tell to the world that in Islamic jurisdictions, other evidences are not important and if the judgements are pass by the judge without having four pious and reliable witnesses, the judgement is not Islamic. PAS is telling too mush lies to the Muslims in Malaysia and I think they must make repentance CLICK and start telling the truth to the peoples, before Almighty Allah, takes action on them.
Prof Dr Nasoha Saabin
June 2011
Integrative Holistic Wellness Centre