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An appraisal of the application of the punishment of the crime of zina in nigeria

 

Table Of Contents


<p> </p><p>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

</p><p>5.0<br>Conclusion<br>–<br>–<br>–<br>–<br>–<br>–<br>–</p><p>5.1<br>Summary<br>–<br>–<br>–<br>–<br>–<br>–<br>–</p><p>5.2<br>Observation<br>–<br>–<br>–<br>–<br>–<br>–<br>–</p><p>5.3<br>Suggestions<br>–<br>–<br>–<br>–<br>–<br>–<br>–</p> <br><p></p>

Project Abstract

Abstract
The punishment of the crime of zina in Nigeria has been a subject of debate and controversy due to its severe nature and the intersection of religious and legal frameworks. This research project aims to provide an appraisal of the application of the punishment of zina in Nigeria, considering both the legal provisions and the practical implementation. The study will involve a comprehensive review of relevant laws, including the Sharia legal system in some northern states, as well as an analysis of case law and judicial decisions related to zina. Furthermore, the research will examine the cultural and societal perspectives on zina in Nigeria, considering the implications for individuals accused of this crime. The study will explore the social attitudes towards zina, the role of gender dynamics, and the impact of religious beliefs on the perception of this offense. Through interviews and surveys with legal experts, religious leaders, and members of the community, the research aims to provide a holistic understanding of the factors influencing the application of zina punishment. Moreover, the project will evaluate the effectiveness and fairness of the current legal framework in addressing cases of zina in Nigeria. By analyzing the enforcement of zina laws and their outcomes, the research will assess the consistency and proportionality of punishment meted out to offenders. Additionally, the study will investigate the challenges and limitations faced by the justice system in adjudicating zina cases, including issues related to evidence, due process, and access to legal representation. In conclusion, this research project seeks to contribute to the ongoing discourse on the punishment of zina in Nigeria by providing a nuanced analysis of its application. By examining the legal, cultural, and social dimensions of zina, the study aims to shed light on the complexities surrounding this crime and its implications for individuals and society at large. The findings of this research are expected to inform policy discussions and legal reforms aimed at ensuring a more just and equitable approach to addressing cases of zina in Nigeria.

Project Overview

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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