By Hameed Ajibola Jimoh Esq.
![image](/2020/10/lawreport.jpg")
It is a clear fact that Nigeria is a secular State having not
approved a particular religion/religious practices as State
religion having regard to Section 10 of the
Constitution of the Federal Republic of Nigeria-herein after
referred to as the Constitution- though, the right to
practise a religion of choice is guaranteed by the same
Constitution (including International Charters such as the African
Charter on Human and People’s Rights, among others) to every
citizen which is contained in section 38(1) of the
Constitution. Nevertheless, it is also a notorious
fact and the position of law that the criminal aspect of Islamic
Law has not been applied and or legislated by Nigeria, except those
States of Nigeria that have legislated some (or all) of the Islamic
Criminal Laws as State laws passed into law through legislative
processes as laws of the State. Also, the aspect of Islamic Laws
having full force is the aspect of the Islamic Personal Law (except
individuals utilize their rights to practice other Islamic laws as
a freedom of expression guaranteed by section 38(1) of
the Constitution (supra) such as: worship practices,
etc.). This paper is of the respectful view and advice to Muslim
males and females not to deviate from the path legislated for them
and not to violate Allaah’s laws concerning fornication and
adultery just because there is no such offence in Nigeria as
fornication and adultery as those legislated and or punishable
under the criminal laws/sanctions of Islamic laws, hence, this
topic.
![image](/2021/01/payne-alex.jpg")
As an introduction to this topic, there was a question and a
ruling on the question on islamweb.com
which would be supplied here as it is useful for the purpose of
this paper which goes thus
‘Question
A non-Muslim friend asked me how is it possible, in
recent life, to avoid having relations with a girl before the
marriage as long as there are many means to avoid pregnancy or
diseases? I want to convince him the dangers of
Zina.
Answer
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of worship except
Allah, and that Muhammad sallallaahu `alayhi
wa sallam ( may Allaah exalt his mention ) is His slave
and Messenger.
Zina (fornication or adultery) is a grave major sin.
It is prohibited in all religions due to fatal diseases such as
AIDS. It does not only bring down Allah’s wrath, but also causes
crimes, generates hatred among people, spoils the chastity of the
person and his/her lineage and so forth. Allah, the Exalted, has
imposed a great punishment on those who commit Zina in this worldly
life and in the Hereafter.
Allah Says (what means): {And those who do not
invoke with Allah another deity or kill the soul which Allah has
forbidden [to be killed], except by right, and do
not commit unlawful sexual intercourse. And whoever should do that
will meet a penalty. Multiplied for him is the punishment on the
Day of Resurrection, and he will abide therein humiliated – Except
for those who repent, believe and do righteous work. For them Allah
will replace their evil deeds with good. And ever is Allah
Forgiving and Merciful.} [Quran 25: 68-70]
On the Night of Israa’ and Mi’raaj, as recorded in
Saheeh Al-Bukhaari, the Prophet sallallaahu
`alayhi wa sallam ( may Allaah exalt his mention
) saw naked men and women on a building similar to a furnace, wide
at the bottom and narrow at the top, and a fire kindling from the
bottom. When the fire starts, they cry and come up; when it goes
out, they return to their previous state. When the Prophet
sallallaahu `alayhi wa sallam ( may Allaah
exalt his mention ) asked about them, the answer was: ‘They are
those who committed Zina.’ They will be tortured in the same way
till Resurrection.”
Allah warns us against committing Zina as
He Says (what means): {And do not approach unlawful sexual
intercourse. Indeed, it is ever an immorality and is evil as a
way.} [Quran 17:32]
As for the punishment of Zina in the present life,
if it is proved, an unmarried person is to be lashed one hundred
times, and then, the man should be exiled for one year. This should
be carried out by the Muslim ruler. As regards a married person who
commits Zina, he should be stoned till death.
Allah Says (what means): {The [unmarried] woman or
[unmarried] man found guilty of sexual intercourse – lash each one
of them with a hundred lashes, and do not be taken by pity for them
in the religion of Allah, if you should believe in Allah and the
Last Day. And let a group of the believers witness their
punishment.} [Quran 24: 2]
This punishment is for unmarried persons guilty of
the above sin but if married persons commit it, the punishment is
to stone them to death, according to Allah’s Law.
The Prophetic Hadeeth explained the above verse
stating: “One hundred lashes and one year exile for a bachelor and
a married one should be stoned (to death).” [Muslim, At-Tirmithi,
Ibn Maajah]
As for your friend’s saying ‘How can I
endure?’, we clearly state that whoever believes in Allah, the
Final Day, the Reckoning and the punishment, Hellfire and Paradise,
should have patience, fearing Allah and longing for His
reward.
On the other hand, using medical condoms and so on
does not change the Sharee’ah rulings for a believer. But, for a
disbeliever, we are to do our best to convince him of Islam and
belief since there will be no profit to convince him of the dangers
of Zina as long as he is not a believer.
Therefore, dear brother, your first step is to
convince him of Islam and the dangers of disbelief. Then, he –
Allah willing – will automatically believe in the dangers of
Zina.
Allah knows best.’. (Underlining is mine for
emphasis).
From the above question and the answer provided, it is my humble
belief that the laws on fornication and adultery have been catered
for without the need for me to supply further authorities.
Furthermore and most worrisome is the way and manner some of our
Muslim males and females get so used to getting closer (if not
into) fornication and adultery! I admonish them to repent to
Almighty Allaah and to heed warnings and to fear the calamities of
such unlawful enjoyment in this world and in the hereafter! Some
Muslim males and females now freely intermingle on the social-media
leading to unwarranted chats and relationship! In fact, a righteous
Muslim who would love to marry but fears Allaah in not moving close
to fornication or adultery would find it very hard to win and or
convince any of such females that he is interested in to marry
without ‘dating’ or ‘courting’ her and or
without (if not sexually attached to her i.e. by having sex with
her) and without making fake and deceitful promises to her!
Subhaanallaah (may Allaah be glorified)! This is very critical!
Sexual relationship is getting rampant among some Muslim males and
or females in Nigeria (Allaah knows best)! This development I got
to know about in the cause of my search for a mathnaa
(second wife to marry), which I am still in serious search for
(though with prayers and patience and hoping in Allaah)! There have
been many rejections due to various Un-islamic reasons whereas,
some of these Muslim females fall easily into the hands of some
males who do not fear Allaah or have no good intention for them! It
is important for me to state this fact for the purpose
understanding how bad the situation has become! Virginity is no
more celebrated! Immorality is marked as a sign of exposure
especially some of those so much entangled with the western world,
whereas, the fact that you are educated should not make you to
become immoral! Today, marriages breakdown easily without any
regret! Materialisms and fake promises pervade marital
relationships! The one who is righteous is seen as either a
‘fanatic’ or an ‘extremist’, just because
he only fears to violate the laws of his Lord! Males and or females
get so exposed to sexual relationship right from Junior Secondary
School! This is likely one of the reasons why many males and or
females do not think of marriage because they now have alternative
of ‘boyfriend’ and ‘girlfriend’ (with sexual
enjoyment), hence, the need not to even think of
marriage early! Then, some females of this generation whom a
righteous male considers to marry on a close proposal become
exposed as having a secret partner already for years without
necessarily being ready for marriage! These females would tell you
‘I have someone already’! or ‘at least, I have a
choice’! These is encouraged by the fact that they
have little or no knowledge about what awaits them as punishment
for some of these unlawful acts that they commit daily except if
they truly believe in Allaah, the Final Day,
the Reckoning and the punishment, Hellfire and Paradise and except
for those who repent, believe and do righteous work. For them Allah
will replace their evil deeds with good. And ever is Allaah
Forgiving and Merciful.} [Quran 25: 68-70] and they should
therefore have patience, fearing Allah and longing for His
reward.
Finally, I humbly admonish myself and my fellow Muslim males and
females to truly believe in Allah, the Final
Day, the Reckoning and the punishment, Hellfire and Paradise and
for us to repent, believe (in Allaah) and to do righteous work. As
then, for us Allah will replace our evil deeds with good and ever
is Allaah Forgiving and Merciful.}. We should therefore have
patience, fearing Allah and longing for His
reward. May Almighty Allaah make righteous
deeds easy for us to do and may He accept same from us with good
rewards! Aamiin! Therefore, the non-applicability of Islmaic
Criminal Laws on fornication and adultery in Nigeria should not be
an excuse for Muslim males and females who believe
in Allah, the Final Day, the Reckoning and
the punishment, Hellfire and Paradise, to then freely (without
regret) engage in fornication and adultery!
Email: hameed_ajibola@yahoo.com[1]
By Hameed Ajibola Jimoh Esq.
It is a clear fact that Nigeria is a secular State having not
approved a particular religion/religious practices as State
religion having regard to Section 10 of the
Constitution of the Federal Republic of Nigeria-herein after
referred to as the Constitution- though, the right to
practise a religion of choice is guaranteed by the same
Constitution (including International Charters such as the African
Charter on Human and People’s Rights, among others) to every
citizen which is contained in section 38(1) of the
Constitution. Nevertheless, it is also a notorious
fact and the position of law that the criminal aspect of Islamic
Law has not been applied and or legislated by Nigeria, except those
States of Nigeria that have legislated some (or all) of the Islamic
Criminal Laws as State laws passed into law through legislative
processes as laws of the State. Also, the aspect of Islamic Laws
having full force is the aspect of the Islamic Personal Law (except
individuals utilize their rights to practice other Islamic laws as
a freedom of expression guaranteed by section 38(1) of
the Constitution (supra) such as: worship practices,
etc.). This paper is of the respectful view and advice to Muslim
males and females not to deviate from the path legislated for them
and not to violate Allaah’s laws concerning fornication and
adultery just because there is no such offence in Nigeria as
fornication and adultery as those legislated and or punishable
under the criminal laws/sanctions of Islamic laws, hence, this
topic.
As an introduction to this topic, there was a question and a
ruling on the question on islamweb.com
which would be supplied here as it is useful for the purpose of
this paper which goes thus
‘Question
A non-Muslim friend asked me how is it possible, in
recent life, to avoid having relations with a girl before the
marriage as long as there are many means to avoid pregnancy or
diseases? I want to convince him the dangers of
Zina.
Answer
All perfect praise be to Allah, The Lord of the
Worlds. I testify that there is none worthy of worship except
Allah, and that Muhammad sallallaahu `alayhi
wa sallam ( may Allaah exalt his mention ) is His slave
and Messenger.
Zina (fornication or adultery) is a grave major sin.
It is prohibited in all religions due to fatal diseases such as
AIDS. It does not only bring down Allah’s wrath, but also causes
crimes, generates hatred among people, spoils the chastity of the
person and his/her lineage and so forth. Allah, the Exalted, has
imposed a great punishment on those who commit Zina in this worldly
life and in the Hereafter.
Allah Says (what means): {And those who do not
invoke with Allah another deity or kill the soul which Allah has
forbidden [to be killed], except by right, and do
not commit unlawful sexual intercourse. And whoever should do that
will meet a penalty. Multiplied for him is the punishment on the
Day of Resurrection, and he will abide therein humiliated – Except
for those who repent, believe and do righteous work. For them Allah
will replace their evil deeds with good. And ever is Allah
Forgiving and Merciful.} [Quran 25: 68-70]
On the Night of Israa’ and Mi’raaj, as recorded in
Saheeh Al-Bukhaari, the Prophet sallallaahu
`alayhi wa sallam ( may Allaah exalt his mention
) saw naked men and women on a building similar to a furnace, wide
at the bottom and narrow at the top, and a fire kindling from the
bottom. When the fire starts, they cry and come up; when it goes
out, they return to their previous state. When the Prophet
sallallaahu `alayhi wa sallam ( may Allaah
exalt his mention ) asked about them, the answer was: ‘They are
those who committed Zina.’ They will be tortured in the same way
till Resurrection.”
Allah warns us against committing Zina as
He Says (what means): {And do not approach unlawful sexual
intercourse. Indeed, it is ever an immorality and is evil as a
way.} [Quran 17:32]
As for the punishment of Zina in the present life,
if it is proved, an unmarried person is to be lashed one hundred
times, and then, the man should be exiled for one year. This should
be carried out by the Muslim ruler. As regards a married person who
commits Zina, he should be stoned till death.
Allah Says (what means): {The [unmarried] woman or
[unmarried] man found guilty of sexual intercourse – lash each one
of them with a hundred lashes, and do not be taken by pity for them
in the religion of Allah, if you should believe in Allah and the
Last Day. And let a group of the believers witness their
punishment.} [Quran 24: 2]
This punishment is for unmarried persons guilty of
the above sin but if married persons commit it, the punishment is
to stone them to death, according to Allah’s Law.
The Prophetic Hadeeth explained the above verse
stating: “One hundred lashes and one year exile for a bachelor and
a married one should be stoned (to death).” [Muslim, At-Tirmithi,
Ibn Maajah]
As for your friend’s saying ‘How can I
endure?’, we clearly state that whoever believes in Allah, the
Final Day, the Reckoning and the punishment, Hellfire and Paradise,
should have patience, fearing Allah and longing for His
reward.
On the other hand, using medical condoms and so on
does not change the Sharee’ah rulings for a believer. But, for a
disbeliever, we are to do our best to convince him of Islam and
belief since there will be no profit to convince him of the dangers
of Zina as long as he is not a believer.
Therefore, dear brother, your first step is to
convince him of Islam and the dangers of disbelief. Then, he –
Allah willing – will automatically believe in the dangers of
Zina.
Allah knows best.’. (Underlining is mine for
emphasis).
From the above question and the answer provided, it is my humble
belief that the laws on fornication and adultery have been catered
for without the need for me to supply further authorities.
Furthermore and most worrisome is the way and manner some of our
Muslim males and females get so used to getting closer (if not
into) fornication and adultery! I admonish them to repent to
Almighty Allaah and to heed warnings and to fear the calamities of
such unlawful enjoyment in this world and in the hereafter! Some
Muslim males and females now freely intermingle on the social-media
leading to unwarranted chats and relationship! In fact, a righteous
Muslim who would love to marry but fears Allaah in not moving close
to fornication or adultery would find it very hard to win and or
convince any of such females that he is interested in to marry
without ‘dating’ or ‘courting’ her and or
without (if not sexually attached to her i.e. by having sex with
her) and without making fake and deceitful promises to her!
Subhaanallaah (may Allaah be glorified)! This is very critical!
Sexual relationship is getting rampant among some Muslim males and
or females in Nigeria (Allaah knows best)! This development I got
to know about in the cause of my search for a mathnaa
(second wife to marry), which I am still in serious search for
(though with prayers and patience and hoping in Allaah)! There have
been many rejections due to various Un-islamic reasons whereas,
some of these Muslim females fall easily into the hands of some
males who do not fear Allaah or have no good intention for them! It
is important for me to state this fact for the purpose
understanding how bad the situation has become! Virginity is no
more celebrated! Immorality is marked as a sign of exposure
especially some of those so much entangled with the western world,
whereas, the fact that you are educated should not make you to
become immoral! Today, marriages breakdown easily without any
regret! Materialisms and fake promises pervade marital
relationships! The one who is righteous is seen as either a
‘fanatic’ or an ‘extremist’, just because
he only fears to violate the laws of his Lord! Males and or females
get so exposed to sexual relationship right from Junior Secondary
School! This is likely one of the reasons why many males and or
females do not think of marriage because they now have alternative
of ‘boyfriend’ and ‘girlfriend’ (with sexual
enjoyment), hence, the need not to even think of
marriage early! Then, some females of this generation whom a
righteous male considers to marry on a close proposal become
exposed as having a secret partner already for years without
necessarily being ready for marriage! These females would tell you
‘I have someone already’! or ‘at least, I have a
choice’! These is encouraged by the fact that they
have little or no knowledge about what awaits them as punishment
for some of these unlawful acts that they commit daily except if
they truly believe in Allaah, the Final Day,
the Reckoning and the punishment, Hellfire and Paradise and except
for those who repent, believe and do righteous work. For them Allah
will replace their evil deeds with good. And ever is Allaah
Forgiving and Merciful.} [Quran 25: 68-70] and they should
therefore have patience, fearing Allah and longing for His
reward.
Finally, I humbly admonish myself and my fellow Muslim males and
females to truly believe in Allah, the Final
Day, the Reckoning and the punishment, Hellfire and Paradise and
for us to repent, believe (in Allaah) and to do righteous work. As
then, for us Allah will replace our evil deeds with good and ever
is Allaah Forgiving and Merciful.}. We should therefore have
patience, fearing Allah and longing for His
reward. May Almighty Allaah make righteous
deeds easy for us to do and may He accept same from us with good
rewards! Aamiin! Therefore, the non-applicability of Islmaic
Criminal Laws on fornication and adultery in Nigeria should not be
an excuse for Muslim males and females who believe
in Allah, the Final Day, the Reckoning and
the punishment, Hellfire and Paradise, to then freely (without
regret) engage in fornication and adultery!
Email: hameed_ajibola@yahoo.com[1]