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One punished for adultery: other for fornication.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear brother Burhan,

 
This doesn't not answer the question clearly though. or clear enough. The bukhari volume set i have says in one hadith the Prophet ordered the women to be stoned to death and the man to get 100 lashes and be exiled.

 
Which version of the truth does one believe?

 
Jazakallah.

 

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Answer:

 

One punished for adultery: other for fornication

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Sahih Al-Bukhari Hadith 3.860 Narrated by Abu Huraira and Zaid bin Khalid Al Juhani

Two bedouins came to the Prophet (saws) and said, "O Allah's Messenger (saws)! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse (fornication) with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, Your son has to be lashed one-hundred lashes and has to be exiled for one year. The Prophet (saws) said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody (Hadrat Unais (r.a.)): "O Unais! Go to the wife of this (man), and if she confesses to her crime (of adultery), stone her to death." So, Hadrat Unais (r.a.) went and stoned her to death.




 

Your Question: This doesn't not answer the question clearly though. or clear enough. The bukhari volume set i have says in one hadith the Prophet ordered the women to be stoned to death and the man to get 100 lashes and be exiled.

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 2:

2 The woman and the man guilty of zina (fornication) 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.

 

Sahih Al-Bukhari Hadith 8.810 Narrated by Jabir

A man from the tribe of Aslam came to the Prophet (saws) and confessed that he had committed adultery (illegal sexual intercourse). The Prophet (saws) turned his face away from him till the man bore witness against himself four times. The Prophet (saws) said to him, "Are you mad?" He said "No." The Prophet (saws) asked, "Are you married?" He said, "Yes." Then the Prophet (saws) ordered that he be stoned to death, and he was stoned to death at the Musalla (public gathering place).

 

The prescribed punishment for the sin of zina in Shariah depends on the marital status of the person convicted of the crime in a court of Shariah Law:

  1. Fornication: If the man or the woman who is convicted for the crime of zina is unmarried (fornication), Shariah Law prescribes a punishment for a 100 lashes in public.
  2. Adultery: If the man or the woman who is convicted for the crime of zina is married (adultery), Shariah Law prescribes that the guilty should be stoned to death in public.

 

Respected brother, the laborer who committed the abomination of zina (illegal sexual intercourse) with the wife of the other person was unmarried and single..thus the Messenger of Allah (saws) prescribed the Shariah punishment for fornication which is a hundred lashes for the unmarried man.

 

Because the woman who committed the abomination of zina with the laborer was not single but married, the Messenger of Allah (saws) prescribed the Shariah punishment for adultery which is to stone her to death.

 

Respected brother in Islam, the difference in the punishment prescribed by the Messenger of Allah (saws) had absolutely nothing to do with the difference of the gender or the sex of the guilty parties; but rather because of the difference of their individual marital status! If the woman convicted of zina was unmarried, she too would have received the prescribed punishment for fornication, ie. 100 lashes; or if the man convicted of zina was married, he too would have received the prescribed punishment of adultery, ie. being stoned to death!

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 


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