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The term zina signifies voluntary sexual intercourse between a man and a woman not married to one another, irrespective of whether one or both of them are married to other persons or not: hence, it does not - in contrast with the usage prevalent in most Western languages - differentiate between the concepts of "adultery" (i.e., sexual intercourse of a married man with a woman other than his wife, or of a married woman with a man other than her husband) and "fornication" (i.e., sexual intercourse between two unmarried persons). For the sake of simplicity I am rendering zina throughout as "adultery", and the person guilty of it as "adulterer" or "adulteress", respectively.
The number of those to be present has been deliberately left unspecified, thus indicating that while the punishment must be given publicity, it need not be made a "public spectacle".
The address here is to legal authorities. Adultery has to be proven either by confession or the testimony of four reliable witnesses.
Zina includes sexual intercourse between a man and a woman not married to each other. It therefore applies both to adultery (which implies that one or both of the parties are married to a person or persons other than the ones concerned) and to fornication, which, in its strict signification, implies that both parties are unmarried. The law of marriage and divorce is made easy in Islam, so that there may be the less temptation for intercourse outside the well-defined incidents of marriage. This makes for greater self-respect for both man and woman. Other sex offences are also punishable, but this Section applies strictly to Zina as above defined. Although zina covers both fornication and adultery, in the opinion of Muslim jurists, the punishment laid down here applies only to unmarried persons. As for married persons, their punishment, according to the Sunnah of the Prophet (peace be on him), is stoning to death.
Cf. iv. 15, and n. 523.
The punishment should be open, in order to be deterrent.