AN APPRAISAL OF THE APPLICATION OF THE PUNISHMENT OF THE CRIME OF ZINA IN NIGERIA

1.0General Introduction

Since the beginning of history, Zina has always been seen as an evil. There is complete unanimity of views among all social systems namely Roman, Indian, Greek, Jewish, Egyptian that the act is religiously sinful, morally wicked, socially evil. Social systems around the world have always considered illegal intercourse between a man and a woman as a serious crime and have prescribed serious punishment for it.1

The first common lapse was the distinction between adultery and fornication. Adultery is a punishable crime and fornication is taken to be an ordinary offence.2

Zina is a long-standing evil, which the Holy Qur‟an and earlier scriptures have frowned upon. The Mosaic Law provides punishment for such offence as follows.

If a man is found sleeping with another man‟s wife both of them i.e. the man and the woman must die3 or if a man happens to meet in a town a virgin pledged to be married and he sleeps with her, you shall take them both to the town and stone them to death, the girl because she was in the town and did not scream for help and the man because he violated another man‟s wife you must purge the evil from among you.4

On the other hand, Islam enjoins marriage as a lawful means of sexual gratification and breeding of offspring. Marriage enhances honour, blessing and goodness by the fortification it provides against moral decadence and weakness. The Holy Qur‟an prohibited the act of Zina

even to the level of lustful glances at the opposite sex and anything which will encourage the act. It states as follows:

1 Bambale, Y. Y. (1998) Crimes and Punishment under Law Info Print Kaduna pg. 32

2 NASEEF, A. O. (1982) Encyclopedia of Search, Vol. II, The Muslim School Trust London Pg. 772-883

3 Deuteronomy 22:22-25

“Nor come near to Adultery, for it is a shameful deed and evil opening the road to other evils.”5

Zina, destroys the organizational structure of the home by prompting separation between spouses, lack of trust which erodes the love and confidence that holds a marriage together. Zina

also if practiced leads to the undeceived upbringing and inheritance of the illegitimate child or children. The Holy Prophet (SAW) is reported to have said:

“There is no sin after shirk greater in the sight of Allah (SWT) than a drop of semen which a man places in a womb that is not lawful for him”6

Zina, apart from being harmful to ones iman (faith) also courses and spreads different types of diseases such as AIDS, and other STDs that not only harm the parties involved but also the society.

Almighty Allah (SWT) warns believes in numerous Quranic verses not to come near to the offence.

It is not only shameful in itself and inconsistent with any self respect for others but it opens the road to many evils.7 Zina destroys the basis of the family. It works against this interest of children born or to be born, it may cause murder, feuds, loss of reputation, property and permanently loosens the bonds of the society.

Adultery is condemned as shameful and criminal, and there is punishment imposed on its perpetrators. The Qur‟an says

The believers must eventually win through those who humble themselves in their prayer, who avoid vain-talk, who are active

5 Holy Quran Chapter 17 V 32

6 Reported by Al-Bukhar, Kitab al Hudud, as quoted by M. B. Uthman (1995), the Concept of Crime and Punishment under Islamic Law, unpublished LL.M Thesis Pg 171

7 Yusuf, A. A. (1977) Translation of the Quran American Trust Publication USa Pg 703

indeed of charity, who abstain from sex except with those who joined them in the marriage bond or the captives whom their right hands possesses for (in their case) they are free from blame. But those, whose desires exceed those limits, are transgressors.8

Islam also counts those who refrain from adultery among the seven categories of people to whom Allah (SWT) will provide shade on the day when there will be no shade but His.9