The punishment for adultery in Islamic law and its application in Nigeria

The paper assesses the compatibility of the punishment of zina (adultery or fornication), with modern ideas concerning personal freedom, and in particular sexual freedom. From various verses of the Qur'an it is inferable that punishment for zina was at first a sort of tazir, i.e. deterrence and it became a “hadd,” i.e. fixed punishment later, with the form of fixed punishment varying according to the marital status of the culprit. This is agreed upon by all the Muslim jurists with the exception of the kharajite group of al-Azariqa, and some contemporary jurists, who denied that stoning to death was the punishment for married offenders claiming that stoning had been amended by the revelation of the Qur'an (24:2). The paper examines the argument of the advocates of the sterner punishment and the opposing views and holds that in a legal system in which all acts and relationships are measured by a scale of moral evaluation, it is natural to find such a deep concern for enforcing sexual morality. Thus, the desire to protect public morality and safeguard it against corruption by publicizing the offence is the reason for the method of proof to the offender's own confession or to the testimony of four adults who actually witness the act of sexual intercourse. The paper concludes with the view that the punishment prescribed for zina is for those who committed the crime openly with no consideration for the law or for the feeling of the community. Since contemporary Muslim societies do not adopt the Islamic way of life, it will be wrong therefore to punish for zina let alone to stone to death in a community where everything invites and encourages unlawful sexual relationships.