Faisal Rahman, MA. , LLB.

                                        [ Bismillah]

Allah's laws are divine laws  and  Allah is the creator  of the science  and the logic. So the divine laws (sharia ) have to be consistent with  natural law and logic. so any interpretation of sharia which is not consistent with the science, logic and human nature has to be discarded. in this paper we shall see that the concept of purdah and zina  is inconsistent with science and logic.

This paper is also  about  an application of the principle of Relativity in Islamic concepts.The application  of Purdah and Zina law depends on the time and the place.

Illogicality in the theory of purdah:

                     The  Quran says

And say to the believing women that they should lower their gaze and guard their private parts; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their khimār over their breasts and not display their beauty except to their husband, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments.

— Quran 24:31

Islam divides  the men in two group Mahram and Non mahram  relative to a woman. In Islam, a mahram is a member of one's family with whom marriage would be considered  haram (illegal in Islam); from whom purdah, or concealment of the body with hijab, is not obligatory.Non maharam  relationship is the opposite.
To sum up:   Mahram = can not  marry + zero purdah  &  Non Mahram = can marry + purdah. 

Now comes the logical inconsistency  ,  A father can't  marry  his daughter  . if they do it will be void and considered zina.  Therefore;  a purdah (screen) should exist between a father and daughter ( Brother and sister , uncle and nice and so forth ) but a man can marry a non mahram woman , if they have sex they can become husband and wife..it will not be incest.
Sigmund  Freud  talks of incest taboo  in his book Totem and Taboo: 
 He also talks about the widespread practices amongst the cultures of the Pacific Islands and Africa of avoidance. Many cultures do not allow brothers and sisters to interact in any way, generally after puberty. Men are not allowed to be alone with their mothers-in-law or say each other's names. He explains this by saying that after a certain age parents often live through their children to endure their marriage and that mothers-in-law may become overly attached to their son-in-law. Similar restrictions exist between a father and daughter, but they only exist from puberty until engagement.( chapter one)

This is in my opinion  logical  purdah or screen  should exist  among maharam relations for incest do not occur . it is supported by anthropology. now  Islam preaches the opposite of what is logical and  what is anthropological. 
Now we come to a hadith :

'A'isha (Allah be pleased with her) reported that Salim, the freed slave of Abu Hadhaifa, lived with him and his family in their house. She (i. e. the daughter of Suhail came to Allah's Apostle (may peace be upon him) and said: Salim has attained (puberty) as men attain, and he understands what they understand, and he enters our house freely, I, however, perceive that something (rankles) in the heart of Abu Hudhaifa, whereupon Allah's Apostle (may peace be upon him) said to her: Suckle him and you would become unlawful for him, and (the rankling) which Abu Hudhaifa feels in his heart will disappear. She returned and said: So I suckled him, and what (was there) in the heart of Abu Hudhaifa disappeared

Sahih Muslim 8:3425

Now what have we here ?  Allah's Apostle (may peace be upon him) said to her: Suckle him and you would become unlawful for him, ..........!!!!

 Salim  reached his puberty , that is he was 12+, so a  woman  can breast feed a  12+ boy? to make him a mahram. ? then why can she not have sex with her and make her a  husband ? And if  he can become her husband, why  she has to do purdah in the first place.? The thing struck me is that  How can a woman expose her breast to a mahram boy if pudah is compulsory ?

So this Hadith shows there is some inconsistency in the concept of purdah.

Another inconsistency is from the tradition of the slave girls. Hadith indicates and anecdotes of Sahabas  shows a slave girl need not to do purdah. read the following narration ;


Muawiyah demonstrated a naked slave-girl in his court and then supplied her to men in that same condition

Ibn Kathir records:

“Ibn Asakir has narrated under the events of Muawiyah’s slave Khadij al Hazi that Muawiyah bought a fair complexioned and beautiful slave-girl and he (Khadij) undressed her and brought her before Muawiyah, he was carrying a stick in his hand and began bowing towards her vagina and said: “I wish this vagina was for me; take her to Yazeed bin Muawyah.” He then said “No! Call Rabi’ bin Umro al Qarshi”. He (Rabi) was a jusrist (Faqih). When he came, Muawiyah asked him: “This slave-girl has been brought before me in a naked condition and I have seen her here and there, I want to send her to Yazeed”. He said: “O commander of faithful! Don’t do this. This is inappropriate”. Muawiyah said: “Your suggestion is correct”. The narrator says that Muawiyah then gifted her to the servant of Fatima, daughter of Holy Prophet [s] namely Abdullah bin Mas’adat Fazari who was black and Muawiyah told him: “Make your children white through her”.
This demonstrates the cleverness and intelligence of Muawiyah he observed her in a lustful manner, and felt weak in front of her, he feared gifting her to Yazeed due to the verse of Holy Quran, and Faqih Rabi` bin Umro al Jarshi al Damashqi concurred with him”


Al Badayah wal Niahayh (Urdu), Vol 8 page 992 ‘Wives and sons of Muawyah’ published by Nafees Academy Karachi.

So the sahabas used to disrobe slave girls in public and  enjoy the beauty of their body.

In fact one can see anything of any slave-girl except her vagina as Imam Abdur Razak records:

Jabir al-Shu’abi said: ‘If a man wants to buy a slave-girl, he can see every part of her body except the vagina’

Musnaf Abdur Razak, Volume 7 page 287 Tradition 13207


Another Hadith :

Bukhari :Volume 5, Book 59, Number 319:

Narrated 'Ali:

Allah's Apostle sent me, Abu Marthad and Az-Zubair, and all of us were riding horses, and said, "Go till you reach Raudat-Khakh where there is a pagan woman carrying a letter from Hatib bin Abi Balta' a to the pagans of Mecca." So we found her riding her camel at the place which Allah's Apostle had mentioned. We said (to her),"(Give us) the letter." She said, "I have no letter." Then we made her camel kneel down and we searched her, but we found no letter. Then we said, "Allah's Apostle had not told us a lie, certainly. Take out the letter, otherwise we will strip you naked." When she saw that we were determined, she put her hand below her waist belt, for she had tied her cloak round her waist, and she took out the letter, and we brought her to Allah's Apostle...........etc.

So what this hadith signify ?  Muslim men are permitted to strip naked  a female spy if they need to. using analogical logic (Qiyas)  we can say it is permitted for Muslim men to strip a captive woman naked.  

Therefore it is  permitted for Muslim men to strip a slave girl or war captive woman naked  

 

a) This demonstrates the reasoning  that the purdah is between two Mahram relationship.  Because Muawiya  could not give the slave girl to his son because Muawiya had seen her vagina. But Muawiya disrobed her in front of people who were Non Mahram ( So, that they could enjoy her beauty) therefore Purdah is not required among non Mahram relations (What's the biological difference between a slave girl and a free believing woman ?)

Ali (R)  and  other  Sahabas  were  determined  to  disrobe a spy girl forcefully , so non mahram 

men can  see  a non mahram  girl naked . Then purdah  don't exist  among non mahram relationships. 

b) Therefore the formula is  ;  A free woman = has to wear hijab  &  A slave girl = can be naked.

What is the biological difference between  a free woman and a slave girl ?

A  Free woman is biologically equivalent to a slave girl. Then why can not a free Muslim woman be naked socially ? see, no logic.


Science : Heinrich Pudor , Richard Ungewitter , Gaston and Andre Durville   wrote about benefit  of nudity on health and mind. Howard Warren introduced the concept of  Nude Psychotherapy. Warren noticed that nudity improves health and works as psychotherapy.

Therefore  The theory of purdah is contradictory to science.

It can be argued that Non Sexual social nudity is permitted on the therapeutic ground. For example Silk is haram for man but Mohammad (SM)  granted concession to Zubair b. Awwam and 'Abd Al-Rahman b. Auf  for wearing silk because they had skin disease. (Sahih Muslim ,book 24 chapter 2.).

Thus  we can say the theory of purdah is  a) Contradictory to logic and Anthropology.

                                                                    b) Contradictory to biology and psychology.


We can use principle of Relativity :"the:Purdah  of free women is relative to the nakedness  of the slave girls."

Now in our modern time, Allah's law of slave girl  is abrogated ,So shall be the law of Purdah.

Slave girl vanishes , Purdah disappears. 

The sahabas  used to  undress slave  girls and enjoy their bodies. But now, Where shall a Muslim man  get a slave girl ? So ,at present day the slave girls would be replaced by free woman who are nude models. Thus in modern age it is permissible for a modern Muslim man  to watch nude models.

Illogicality in the theory of Zina :

1) In Quran :

 Quran says about zina 


"The woman and the man guilty of zināʾ (for fornication or adultery),- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment."

— Qur'an, Sura 24 (An-Nur), ayat 2.

Zina meansUnlawful  sexual relationship. Now what are unlawful sexual relationship according to Quran ?

Quran says:
(4:22) Do not marry the women whom your fathers married, although what is past is past. This indeed was a shameful deed, a hateful thing, and an evil way.


(4:23) Forbidden to you are your mothers, your daughters5 your sisters, your father's sisters and your mother's sisters, your brother's daughters and your sister's daughters,37 your milk-mothers, your milk-sisters,the mothers of your wives, and the stepdaughters - who are your foster-children,born of your wives with whom you have consummated the marriage; but if you have not consummated the marriage with them, there will be no blame upon you (if you 
marry their daughters).
It is also forbidden for you to take the wives of the sons who have sprung from your loins41 and to take two sisters together in marriage, although what is past is past. Surely Allah is All-Forgiving, All-Compassionate.


(4:24) And also forbidden to you are all married women (muhsanat) except those women whom your right hands have come to possess (as a result of war)


As we can see  that the 14 type  of relationships are unlawful  which are actually incest . So we  can say these relationship are zina. Because they are void.
Therefore, the basic rule is , incest = zina           


then other relationship can become husband and wife , thus why a consensual sex be zina ? No logic.
Even an  extramarital relationship is not incest. A man falls in love with  a married woman  , then ,if the husband divorces her she can be his wife . therefore why an extramarital affair be called  zina? at best it should be called  
" irregular marriage". An analogy can be brought with the analogy of Hanafi ruling  of Sororal polygamy. Where it is called Fasid Nikah ( Irregular marriage).


   Now we come  to the ayat:
 
(4:24) And also (1) forbidden to you are all married women (muhsanat) , (2) except those women whom your right hands have come to possess (as a result of war)
 
We  first come to the point 2 . all Muslims agree this  part is abrogated . Modern man has overruled the Alllah's  law of "war captive women"
If that is so why can't be the part 1 of the ayat  be overruled too?

We apply Relativity principle:  the part 1 of ayat 24 is relative to the part 2.

If law of war captive women  vanishes , the law of zina (extramarital affair ) should also vanish.( Extramartal affair is not absolutely unlawful , it is relatively unlawful, as like Fasid nikah.)


A question may arise can man overrule Allah's law? but that what we actually did , we overruled Allah's law of slavery and war captive woman. So, then ,why can't we overrule the law of zina also ?

 No war captive woman ,No zina law.
We can safely say that  for there is no war captive woman for modern Muslim men, Extramarital affair is permitted for them


2.Hadith : 
                        In hadith it is depicted  penalty for committing adultery is death by stoning :
                         Ma'iz came to the Prophet and admitted having committed adultery four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you.
— 38:4364

 But   to have sex with  war captive women is permitted.

FROM SAHIH BUKHARI - VOLUME 3, #432:

            Narrated Abu Said Al-Khudri that while he was sitting with Allah's messenger we said, "Oh Allah's messenger, we got female captives as our booty, and we are interested in their prices, what is your opinion about coitus interruptus?"  The prophet said, "Do you really do that?  It is better for you not to do it.  No soul that which Allah has destined to exist, but will surely come into existence."

 

     
Now  the point to ponder , You can't love a married woman , that's a crime  but you can have sex with war captive woman that is not a crime ? Reasonable?
If a man loves a married woman in the name of Allah why can't she be his wife ?

Islamic jurisprudence is illogical.

We look at  another hadith about having sex with another person's slave girl.

Narrated Salamah ibn al-Muhabbaq:
The Apostle of Allah (peace_be_upon_him) made a decision about a man who had intercourse with his wife’s slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

1. Sunnan Abu Dawud, Book 38, Number 4445
2. Musnad Ahmad, volume 5 page 6
3. Sunnan al-Nesa’I, volume 6 page 125

From this Sunni decision comes  by analogical reasononig (Qiyas) :

“If a man makes his slave-girl halal for another man who then has sexual intercourse with the slave-girl, there will be no legal penalty for him.”
Fatawa-e-Alamgiri, volume 3, page 268, Kitab al-Hudood, published by Daar ul-Isha’at, Karachi

Now the point to ponder :what is the biological  difference  between a slave girl and a free woman ? If a man can have sex with another man's slave girl , why can't he have sex with another man's wife ?

No logic!

 we can use principle of relativity : Married woman are forbidden in relation to the existence of Slave girls.

Since there is no slave girls in modern times , the rules for slave girls should be applied for free women .

A man can loan his wife to another man ( not for prostitution. ), it's permitted.

3. Miscellaneous :

a) How many witness needed to prove  a zina case ?

 Four free adult male Muslim witnesses of proven integrity. They must testify that they observed the couple engaged in unlawful sexual intercourse without any doubt or ambiguity. They are able to say that they saw their private parts meet "like the Kohl needle entering the Kohl bottle.

And how many  witness is needed to validate a marriage ?

In Sunni Islam, a marriage contract must have at least two witnesses.

Okay.

Now  comes the crucial point , If two witness observe  a man and a woman is making a concord  that is valid marriage .and If four  witness  observe that  a man and a woman is  having  a sex ,  they can not  become husband and wife ?!? How come ?
Then 2 makes 2 husband and wife  but 4 makes 2 fornicators !?.

LOGIC?

"like the Kohl needle entering the Kohl bottle." --------  What this statement means ?

The penis has to enter into the vagina to have the status of Zina . And Four Men have to watch it .

So Live  pornography is permitted in Islam ? 

Then if live pornography is permitted , why  punishing the actors who are 
participating in  the action ?

Ridiculous !!!

NO Logic !

b)  If we say, " a  properly  observed  Islamic marital procedure is the only condition for a valid Islamic marriage  ( Marriage in the name of Allah and  payment of the  Mahar.)"

Then  the marriages  performed by  Kaffir and Mushrik  are  all void marriage , because they 

are not conducted in the name of Allah ! right ?

So, all  the Hindu , Christian , Jew  couples   have committed  Zina !
 
All  the  non Muslim couples have to be stoned to death !!!

Now  , is it a sound logic?   

Even in Quran and hadith it is not mentioned  that  all  the marriages of the infidels are Zina .

So where is the logic ? Why should certain man and woman  be accused of committing zina ? 


 Thus  we can see  according to Islam : i)  A man can have sex with his wife .
                             
                                                                ii)  A man can have sex with his slave girl and war                                                                              
                                                                   captive woman   

                                                                 iii)Mohammad (SM) never adjudicated that  Non                                                                              Muslim  marriages are zina .

Then why  a love relationship between a man and a woman be called zina ? If it is not  incest,  they can become husband and wife naturally !


4. Constancy of  the volume of fun :

                                (23:5) who strictly guard their private parts
 
23:6) save from their wives, or those whom their right hands possess; for with regard to them they are free from blame "
                                                           ----------------------Quran.

Islam  allows men to have unlimited number of  slave girls.
 * Sahabas had  salve  girls
*Mohammad (SM) had slave girls.
*Emir Ul Momenin  had thousands of concubines.

Therefore , technically  a  Muslim  man can have unlimited number of wives.

The modern civilization  has abrogated  Slave girl laws . so  legally now a Muslim man  can have only 4 wives . What  a fall from thousands to only four.

Thus archaic  Muslims could have unlimited fun  but modern Muslim's capacity for fun is restricted. Law of slave girl is not abrogated by Allah  but by man.

A Muslim man 's volume  of fun is  contracted . since Allah did not  abrogate his rules it has to remain constant.
 
                              Volume of Fun = Constant.

To compensate the loss  modern Muslim man has to have the right to access to free sex. A Muslim man can have unlimited number of girl friends.

Nature abhors a vacuum : When Law of slave girls is abrogated  by  modern laws.  It produced  a vacuum of fun  for man . This vacuum pulled  the  women folks out of their zenana . The women folks became free and naked  ; took the place previously occupied by slave girls. The vacuum of fun for men has been fulfilled .

5. argument from natural jurisprudence:

Narrated by 'Abdullah bin 'Umar:The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. ('Abdullah bin 'Umar said, "I saw the man leaning over the woman to shelter her from the stones."

— Volume 4, Book 56, Number 829:
         
a) This hadith clearly shows the jew man and the jew woman  were in love. So why  a man should be stoned to death  for making love? Didn't  love exist  long before Torah and Koran were revealed? If Allah created the law of attraction how his divine law contradicts his creation ? Islamic jurisprudence is not in accord with the natural jurisprudence.

b) Ibn Umar  raped a war captive woman :

“Narrated Ayoub bin Abdullah al-Lukhmi that ibn Umar said: ‘On the day of the Jalola battle I won a slave-girl, her neck was like a silver ewe.’ Then ibn Umar added: ‘I couldn’t control myself, I immediately jumped on her and began kissing her, while the people were looking at me”
1. Masail al-Imam Ahmad, page 281
2. Al-Tarikh al-Kabir of Imam Bukhari, Volume 1 page 419, No. 1339
3. Musanaf ibn Abi Shayba, Volume 3 page 347

How come this action of Ibn Umar is not Zina ? If it's not zina, then  how come love of those two Jewish man and woman was zina ?
If Ibn Umar  himself comitted zina  how come he had the authority to throw stones at those Jews?

Islamic  Jurisprudence is irrational.

6. Zina  and  Freudian Psychoanalysis.:

 By adding the Darwinian assumption of primitive hordes, each under the domination of a single male who was powerful, violent, and jealous, the following scientific hypothesis or myth was set forth. The all-powerful and "absolutely narcissistic" father of the primal horde seized all the women and killed, subjugated, or chased away the sons. "One day, however, the sons came together and united to overwhelm, kill, and devour their father, who had been their enemy but also their ideal" (1925d [1924], p. 68). Afterward, none of the sons could take the place of the father. "Under the influence of failure and regret . . . they banded themselves into a clan of brothers by the help of the ordinances of totemism, which aimed at preventing a repetition of such a deed, and they jointly undertook to forego the possession of the women on whose account they had killed their father.... this was the origin of the exogamy which is so closely bound up with totemism. The totem-feast was the commemoration of the fearful dead from which sprang man's sense of guilt (or 'original sin') and which was the beginning at once of social organization, of religion, and of ethical restrictions.

[From:  Totem /Totemism : encyclopedia .com  by   MichÈle Porte 

Sons  killed their king father  out of Oedipus complex( Incest )  and from their guilty feelings they began to worship a  totem ( Idolatry). So, here we see  Idolatry comes out of  incest.
Incest generates idolatry .  This why it is forbidden in Abrahamic  religion to  commit  incest (Zina).   

My  addition to the theory :

 in latter stage Punaluan   family  developed  ( After Engels) . Multiple sisters  married  a single man. Now  we can say ,  Husband = master , master = father.

Thus  the sisters felt Electra complex and jealousy  toward  each other. One night  a sister took out knife and killed all the other  sisters. Now the husband is all hers. But  she couldn't feel happy ; she was possessed  by guilty feelings. So she began to worship idol. This way again idolatry originated, this time from Sororal polygamy. Sororal polygamy contains incest within it , in form of Electra complex.
 
That is why  Sororal polygamy is also forbidden in  Abrahamic religion.(Book of Leviticus  and Quran).

Let examine the following hadith :
 

Muslim :Book 17, Number 4209:

Abu Huraira and Zaid b Khalid al-Juhani reported that one of the desert tribes came to Allah's Messenger (may peace be upon him) and said: Messenger of Allah, I beg of you in the name of Allah that you pronounce judgment about me according to the Book of Allah. The second claimant who was wiser than him said: Well, decide amongst us according to the Book of Allah, but permit me (to say something). Thereupon Allah's Messenger (may peace be upon ham) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offence). I gave one hundred goats and a slave girl as ransom for this. I asked the scholars (if this could serve as an expiation for this offence). They informed me that my son deserved one hundred lathes and exile for one year. and this woman deserved stoning (as she was married). Thereupon Allah's Messenger (may peace he upon him) said: By Him in Whose Hand is my life. I will decide between you according to the Book of Allah. The slave-girl and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. And, O Unais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. And Allah's Messenger (may peace be upon him) made pronouncement about her and she was stoned to death.


We  apply Freudian  psychoanalytical theory :

Master =  Father, Therefore : Master's wife = mother. 

So, Psychoanalytically  to have sex with master's wife is incest (Zina).

The boy committed metaphorical incest (zina).

That is my opinion,  the zina hadith  has to be read metaphorically.  Zina here  is metaphorical 
 The hadith are  talking about graveness  of committing incest.and nothing else.

7. Argument from biology :

Here  is  a collage  of  texts  :

"The act of sex floods your brain with all sorts of feel-good chemicals while reducing the stress hormone cortisol.
   Dopamine, which impacts the brain's pleasure and reward centers; endorphins, which can reduce pain and stress; and oxytocin, also known as the cuddle hormone, are all released during sex, with higher levels after orgasmOxytocin promotes feelings of well-being and happiness. And you don't have to boink like bunnies to feel that way.
A study of 30,000 American men and women between 1989 and 2012 found that having sex at least once a week in a committed relationship was enough to make people happy."
(Sandee LaMotte, CNN)






oxytocin is not just good for pair bonding. It is released from the brain into the blood stream in many social situations, including breastfeedingsinging and most activities that involve being “together” pleasurably. It appears oxytocin plays a role in a lot of group oriented and socially harmonious activities, and is implicated in altruism.

Bonobos (a species of great ape) appear to take full advantage of the link between harmony and sex, often resolving conflicts or comforting one another by rubbing genitals, copulating, masturbating or performing oral sex on one another. 
( from:what's the point of sex ? its good for your physical, social and mental health)

Thus  We  see  from biology  that sex is good for health  and  social bonding.
Then if Allah created  biological laws  then why Allah's laws  (Sharia) would contradict  biological laws? So any interpretation of Zina law which contradict  biology can't be a divine law. 

"Thou Shalt not covet neighbor's wife "  Type  of interpretation  of Sharia is not logical in this age of biotechnology ,  whence  a woman  can get her egg cell  fertilized  with her neighbor's sperm  in side a test tube.
At the time  when  neighbors wife was  forbidden  slave girls were permitted  . Now in modern times  law  of slave girl  is abrogated  So neighbors wife is permitted.
Neighbor's wife  (-)  :  Slave girl  (+) =  Slave girl (-) :  Neighbor's wife (+).
8. Iddat  and Relativistic Time :
  We know from theory of Relativity  that if a body travels in speed of light  it would experience zero time due to time dilation.
suppose  a  Muslim  man divorces  his wife and the  wife observes  three  months  of  Iddat.
Now   an observer  flying  in a rocket    in  speed of light  , measures this phenomenon . What    will he observe ? zero time elapsed. So what is three month on earth   is  zero time  in a relativistic rocket.  
Therefore  Iddat can be of  zero time.
So  a divorced woman  who observed  no iddat  and married another man , her marriage  should be called  " Relativistic marriage" Assuming the observer  who witnessed the  iddat  was flying  in a relativistic rocket.
9  Argument from the benefit of doubt:
           
Some schools of Islamic jurisprudence (fiqh) created the principle of shubha (doubt). According to this principle, if there is room for doubt in the perpetrator's mind about whether the sexual act was illegal, he or she should not receive the hadd penalty
  
The Ḥanafī jurists of the Ottoman Empire applied the concept of doubt to exempt prostitution from the hadd penalty. Their rationale was that since legal sex is legitimized, in part, by payment (the dower paid by the husband to the wife upon marriage, or the purchase price of a slave), a man might plausibly believe that prostitution, which also involves a payment in return for sexual access, was legal.   (James E. Baldwin (2012)). 

 [ from: Wikipedia :Zina :Accusation process and punishment.]

So,  A man can be exempted  from  punishment  of zina  on  the  ground that he may have believed that the prostitute  had been his wife.  
Then  why  can't  a man fall in love  with a married  woman  and believe,  by Allah , that she to be his wife? Thus why an extramarital  affair be categorized  as zina ?

So  What we have here ? 
a) Wife is legal.
b)Slave girl is legal .
c) Prostitution gets benefit of  doubt. ( So shall the extramarital affair get  benefit of doubt on the       same ground )  
Therefore  where is the scope  for zina ? 
Technically Zina does not exists .
                         
In conclusion  we can  say that  everything is relative in this  world " A mass  is  relative  to the other masses in the universe", "  The  I ( Das  Ich)  is relative to the other I s ".
Similarly   the Purdah and the  Zina  are relative concepts.

The  purdah of a free woman  is relative  to the nakedness  of a slave girl. If  slave girls don't  exist  so shall not exist the purdah.
The zina is  relative  to the existence  of  Slave girls . If slave  girl dispensation is abrogated  so shall be abrogated  the  law  of zina.
In Equation :
 
Extra marital affair (-) : Slave girl (+) =  Slave girl (-) : Extramarital affair (+) 

Purdah and  Zina = f ( Slave girl).

When slave girls vanish , this  vacuum is fulfilled by  free  women, in turn, it leads  to  the sexual freedom and  the  nudity of the free women.

One has to give  his wife  bride price  and buy a slave girl with money.
 So , Legal  sex = love  + payment

Thus, in modern times  Nudity and  Freedom of sex (honest love affair)  is  permitted (Halal).
-                                   ------------------
Acknowledgement :

Much information is taken from the following site:

Chapter Thirteen: The status of slave-girl in Shia madhab : Shia Pen.














              

 



  



 
















































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