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:

asslamu alikum how are you brother i looked at one of your mails regarding if wife commits zina.Brother I have heard there are certain punishments that have to be given to the person who commits zina after marriage.So much tha the person is wajib to get stoned to death,according to shariah.Please can you explain this matter form quran and sunnah

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Answer:

Punishment for zina

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) 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 8.806 Narrated by Abu Huraira

A man came to Allah's Messenger (saws) while he was in the mosque, and he called him, saying, "O Allah's Messenger (saws)! I have committed ‘zina’ (adultery)." The Prophet (saws) turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet (saws) called him, saying, "Are you mad?" The man said, "No." The Prophet (saws) said, "Are you married?" The man said, "Yes." Then the Prophet (saws) said, "Take him away and stone him to death." Jabir bin 'Abdullah said: ‘I was among the ones who participated in stoning him and we stoned him at the Musalla. When the stones troubled him, he fled, but we over took him at Al-Harra and stoned him to death.’

Beloved brother in Islam, indeed the prescribed punishment in Shariah for ‘zina’ (adultery) is to stone the convicted person to death. But this law will only apply when one is in an Islamic State, and the case of adultery is brought to a Shariah Court, and the crime is proved by the prosecution in the Shariah Court either by a confession of the person him/her self, or by producing four honorable witnesses who actually saw the person in the actual act of ‘zina’ intercourse. If convicted of the accused crime of ‘zina’ by the Shariah Court, the Judge will then sentence that the convict be stoned to death according to the Shariah. That is the prescribed law declared by Allah and His Messenger (saws) for a righteous society to exact a fair punishment from those who commit ‘zina’ (adultery). The punishment on the Day of Judgment for the ‘zaani’ (adulterer) is much much severe, unless and until he seeks sincere forgiveness from Allah Subhanah during his worldly life.

But in the situation when the ‘zina’ case is not brought to a Shariah Court, the doors of Taubah or forgiveness are open in the Majestic Presence of the Merciful Lord. If one who commits ‘zina’, and subsequently seeks forgiveness and sincere Taubah from the Merciful Lord and amends his conduct; it is expected that the Merciful Lord will turn towards him with His Mercy, and forgive him of his heinous sin.

Allah Says in the Holy Quran Chapter 25 Surah Furqaan verses 68-71:

68 And (the true servants of the Merciful are) those who cry not unto any other god along with Allah, nor take the life which Allah hath forbidden save in the (course of) justice, nor commit adultery; and whoso doeth this shall pay the penalty;

69 The doom will be doubled for him on the Day of Resurrection, and he will abide therein disdained for ever;

70 Save him who repents, and believes, and does righteous work; as for such, Allah will change their evil deeds into good deeds. Allah is ever Forgiving, Merciful.

71 And whosoever repents and does good, he verily repents toward Allah with true repentance.

Allah says in the Holy Quran Chapter 39 Surah Zumur verses 53-54:(O Prophet) say: “O My servants who have wronged their own souls….Do not despair of Allah’s Mercy! Surely, Allah forgives all sins. He indeed is the All Forgiving, All Merciful. Return to your Lord and submit to Him before the scourge overtakes you; for then you may get no help from anywhere.”

Allah says in the Holy Quran Chapter 6 Surah Anaam verse 54:When those come to you who believe in Our Signs, say: "Peace be on you! Your Lord had inscribed for Himself (the rule of) Mercy. Verily if any of you did evil in ignorance, and thereafter repented and amended (his conduct), Lo! He is Oft-Forgiving, Most Merciful."

Your Question: So much that the person is wajib to get stoned to death,according to shariah.

Indeed, the sin of ‘zina’ (adultery) is so heinous and such an abomination that Allah and His Messenger (saws) has prescribed capital punishment for this evil act. But only the Shariah Court has the right to exact this punishment from the doers of ‘zina’.

It is not that any normal person or believer who ‘thinks’ someone is guilty of ‘zina’ (adultery) and he goes and stones the person to death! It is only if the case is brought to a Shariah Court in an Islamic State that this Shariah Law will be applied.

If one reads and studies the above quoted hadith and studies the wisdom behind the Prophet’s (saws) reaction, one will realize the mercy and wisdom of the Messenger of Allah Subhanah (saws) when the man himself came and confessed of his sin of ‘zina’ to the Prophet (saws).

‘The Prophet (saws) turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet (saws) called him, saying, "Are you mad?" The man said, "No."

Why did the Prophet (saws) turn his face to the other side everytime the man confessed his sin, pretending as if he (saws) did not hear his confession? Why did the Prophet (saws) ask the man, ‘are you mad?’

It is obvious that the noble and wise Prophet (saws), who was sent as a mercy to all of mankind, was trying to ignore the man’s confession and give him a chance to seek direct repentance for his sin from the Merciful Lord and save himself from the prescribed Shariah punishment. Only when the man insisted on his confession, and after confirming that the man was not insane, the Messenger of Allah (saws), in his capacity as the Shariah Judge, sentenced the man to be stoned to death according to Shariah.

The truth of the matter is that the man could have saved himself from the Shariah punishment, if he had sought direct and sincere Taubah from the Merciful Lord. But this noble person realized the abomination of his grave error in the sight of Allah Subhanah, and so feared his Accounting in the Just Court of Allah Subhanah in the Hereafter, and he willingly sought such sincere Taubah and forgiveness for his mistake that he was willing to rather face the capital punishment prescribed in this world, than face the Anger and Wrath of Allah Subhanah in the Hereafter! Such was his absolute fear of the Majestic Lord, and the purity of his sincerity in seeking Taubah! Subhan Allah.

Sahih Muslim Hadith 4207 Narrated by Imran ibn Husayn

A woman from Juhaynah came to Allah's Messenger (saws) and she had become pregnant because of adultery. She said: ‘O Messenger of Allah (saws), I have done something for which (prescribed punishment) must be imposed upon me, so impose that.’ Allah's Messenger (saws) called her guardian and said: ‘Treat her well, and when she gives birth bring her to me.’ He did accordingly. Then Allah's Messenger (saws) pronounced judgment on her. Her clothes were tied around her and then he gave the order and she was stoned to death. He then prayed over her (dead body). Thereupon Hadrat Umar (r.a.) said to him (saws): ‘O Messenger of Allah (saws), you offer prayer for her although she had committed adultery!’ Thereupon he (saws) said: ‘She has made such a repentance that if it were to be divided among seventy men of Medina, it would be enough! Have you found any repentance better than that she sacrificed her life for Allah, the Majestic?’

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

Your Brother in Islam,

Burhan