What is Zinā? Ambiguity and Debate in Islamic Legal Thought

Karolina Raczkiewicz

 

Abstract: Islamic law traditionally permits sexual relations only within marriage or, historically, between a male enslaver and his female slave. Illicit sexual intercourse (zinā) is classified as a ḥadd crime—one of the gravest offences in Islamic law. While often portrayed as a straightforward and immutable divine prohibition, this article argues that the legal concept of zinā is far more complex and contested. By examining the Qur’an, the Sunnah, and classical Sunni jurisprudence, the study reveals significant interpretive ambiguities in defining zinā, determining its evidentiary standards, and applying its punishments. The article demonstrates that, despite its theological framing as a fixed divine limit, zinā has been subject to evolving interpretations shaped by juristic reasoning, social norms, and historical context. This fluidity challenges the perception of Islamic law as static, highlighting its dynamic nature.