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Volume :25 Issue : 81 2010      Add To Cart                                                                    Download

Fornication Crime Committed in Strictly Prohibited Kin Women & its Effect in Islamic Fiqh & Kuwaiti Penal Law & Kuwaiti Personal Conditions Law

Auther : Dr. Khaled Meshal Al-Otaibi

Fornication Crime Committed in Strictly Prohibited Kin Women & its Effect in Islamic Fiqh & Kuwaiti Penal Law & Kuwaiti Personal Conditions Law

Dr. Khaled Meshal Al-Otaibi

Prof. Assistant Saad Al-Abdullah Academy for Security Science

Fornication crime in strictly prohibited kin women is a satanic sin and against human nature. It  is  a crime that is more injurious on health, morals, economics, social, psychological and security status.

The contract on strictly prohibited women whether in ignorance or  by mistake results in effects of the invalid contract after sexual intercourse in view of most scholars. This view is adopted by Kuwaiti personal conditions law that  relation  is proven and having to pay the dowry and complying with the Eddah a period of 100 days in which the divorced woman cant get married and prohibition of marriage and prevention of punishment for Shobha  -  suspicion.

Scholars differed if a person committed fornication with a strictly prohibited kin, or made a contract on her knowing of prohibition according to opinion of Abo Hanifa who says that the contract is a Shobha  (  doubtful )and can be cleared by punishment and obligates all effects resulted from the invalid contract and he is punished for his deed but if he committed fornication he will be punished by the Shariah punishment of fornication.

The Majority of Fiqh scholars say that they should not differ between the two cases and he should be punished when intercourse happens by punishment of fornication.

The Hanbali School and those who agree  with them shouldnt differentiate between the two cases and  the imposed punishment by killing because of the terrible crime. Mohammed  Ibn  JareerAl- Tabari believes that in case of contract, it

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Nov 04, 2019

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