Penalty for Committing Fornication & Adultery (Zina) in Islamic Law as a Violation of Freedom from Torture

Abstract

Islamic law forbids fornication and adultery (zina) and is regarded as one of the serious hudud offences. Islamic law tries to enforce sexual morality to the core and anyone who is found guilty of fornication is punished with one hundred lashes and a married Muslim who is found guilty of adultery may be stoned (rajm) by a group of Muslim believers until that person dies to send a clear warning to wannabe adulterers. Notably the penalty of stoning for committing adultery is not explicitly mentioned in the Quran but only mentioned flogging with one hundred lashes as punishment for both fornication and adultery. Both flogging and stoning as punishment for zina are not in line with the doctrine of international human rights that forbids torture. The transformative ambition of the 2030 agenda for sustainable development acknowledges the importance of human rights for all in achieving a sustainable development that leaves no one behind.

Keywords: Torture, punishment of zina, freedom from torture, and degrading punishment