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TABLE OF CONTENTS
Title Page – – – – – – – – – – i
Declaration – – – – – – – – – – ii
Certification – – – – – – – – – iii
Dedication – – – – – – – – – – iv
Acknowledgement – – – – – – – – – v
Table of Contents – – – – – – – – – vi
CHAPTER ONE
1.0 Introduction – – – – – – – – – 1
1.1 Aims and Objective of the Study – – – – – – 3
1.2 Scope of the Study – – – – – – – – 3
1.3 Problems of the Problems – – – – – – – 4
1.4 Research Methodology – – – – – – – 4
1.5 Justification of the Study – – – – – – – 5
1.6 Organizational Layout – – – – – – – 5
1.7 Literature Review – – – – – – – – 6
CHAPTER TWO
2.0 Introduction Literature Review – – – – – – 8
2.1 Literature Review – – – – – – – – 8
CHAPTER THREE
3.0 Definition of Zina – – – – – – – – 12
3.1 Distinction between Adultery and Fornication under Islamic and other Laws- 14
3.2 Proof of Zina – – – – – – – – – 18
3.3 Punishment of Zina – – – – – – – – 23
3.4 Condition before the Punishment of Zina if Inflicted- – – – 25
CHAPTER FOUR
4.0 The Application of the Punishment of Crime of Zina in Nigeria – – 29
4.1 Shariah Penal Code of Sokoto State of Nigeria – – – – 30
4.2 Hudud Offences under the Code – – – – – – 31
4.3 The Case of Safiyya Hassan – – – – – – – 32
4.4 The Case of Bariya Magazu – – – – – – – 32
4.5 The Case of Amina Lawal Kuram – – – – – – 33
4.6 Contemporary Problems – – – – – – – 33
CHAPTER FIVE
5.0 Conclusion – – – – – – – 5.1 Summary – – – – – – – 5.2 Observation – – – – – – – 5.3 Suggestions – – – – – – –
CHAPTER ONE
1.0 General 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.
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