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The woman and the man guilty of 'zina' (fornication), flog each one of them with a hundred stripes.

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:

salam,

when the quran clearly states, Allah says in the Holy Quran Chapter 24 Surah Noor verse 2:

The woman and the man guilty of 'zina' (fornication), flog each one of them with a hundred stripes, and let not pity for them restrain you in regard to a matter prescribed by Allah; if indeed you believe in Allah and the Last Day! And let a section of the believers witness the punishment inflicted on them.

what is the need - If one is living in an Islamic State and gets convicted of the sin of zina
(adultery), the punishment prescribed by Allah and His Messenger (saws) is that he/she should be stoned to death?

this is clearly going against the will and comand of allah. is there anywhere in the quran mentioned that they should be stoned to death.

what if after commiting adultery the person sincerely repents and asks for allah's forgivness?

salam

 

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Answer:

 

Punishment adultery from quran

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.

 

Allah says in the Holy Quran Chapter 24 Surah Noor verse 2:
The woman and the man guilty of 'zina' (fornication), flog each one of them with a hundred stripes, and let not pity for them restrain you in regard to a matter prescribed by Allah; if indeed you believe in Allah and the Last Day! And let a section of the believers witness the punishment inflicted on them.

Your Question: …..what is the need

We assume you wish to enquire ‘what is the need’ or the wisdom behind the Command of the Lord that a section of the believers should witness the punishment inflicted upon them.

 

Beloved brother in Islam, the punishments prescribed by Shariah for social crimes in a righteous society like theft, burglary, fornication, adultery, murder, etc. are not only to punish the evil-doer for his crime, but also to act as an example, an admonition, and a severe warning so that one who might have a similar inclination to do evil in his heart sees and fears the repercussion his evil could bring on himself if he were to do the same crime! The All-Knowing, All-Wise Lord Commands that such punishments for social crimes be extracted in public, so that a purpose greater than the mere punishment of the criminal is served in a righteous society.

 

Your Question: If one is living in an Islamic State and gets convicted of the sin of zina (adultery), the punishment prescribed by Allah and His Messenger (saws) is that he/she should be stoned to death?
this is clearly going against the will and comand of allah. is there anywhere in the quran mentioned that they should be stoned to death.

Sahih Al-Bukhari Hadith 8.809 Narrated by Ibn Umar

A Jew and a Jewess were brought to Allah's Messenger (saws) on a charge of committing an illegal sexual intercourse. The Prophet (saws) asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and ‘Tajbiya’." Abdullah bin Salam (a companion of the Prophet (saws) who had converted from Jewism to Islam) said, "O Allah's Messenger (saws), tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So Allah's Messenger (saws) ordered that the two (sinners) be stoned to death, and so they were stoned.

 

Sahih Al-Bukhari Hadith 9.432 Narrated by Ibn Umar

The Jews brought a man and a woman who had committed illegal sexual intercourse to the Prophet (saws), and he (saws) ordered them to be stoned to death, and they were stoned to death near the mosque where the biers used to be placed.

 

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).

 

Al-Muwatta Hadith 41.4

Malik related that Ibn Shihab informed him that a man confessed that he had committed ‘zina’ (adultery) in the time of the Messenger of Allah (saws) and he testified against himself four times, so the Messenger of Allah (saws) gave the order and he was stoned to death.

 

Sahih Al-Bukhari Hadith 8.804 Narrated by Ash Shaibani

I asked 'Abdullah bin Abi Aufa, ‘did Allah's Messenger (saws) carry out the Rajam penalty (i.e., stoning to death for ‘zina’ (adultery))?" He said, "Yes."

 

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?’

 

The punishment for the crime of ‘zina’, be it fornication or adultery both, is the death penalty by stoning in the Old Testament, the Law followed by both the Jews as well as the Christians! Allah Subhanah differentiated between the two types of ‘zina’ and prescribed a hundred lashes for fornication in the Shariah revealed to Prophet Mohamed (saws); and under the Guidance of Allah Subhanah, Prophet Mohamed (saws) upheld and prescribed the Law of the Previous Divine Scriptures for the punishment of adultery.

 

Allah Says in the Holy Quran Chapter 5 Surah Maidah verses 47-49:

47 Let the People of the Gospel Judge by what Allah hath revealed therein. If any do fail to judge by (the light of) what Allah hath revealed they are (no better than) those who rebel.

48 To thee (O Mohamed (saws)) We sent the Scripture in Truth confirming the Scripture that came before it, and guarding it in safety; so judge between them by what Allah hath revealed and follow not their vain desires diverging from the Truth that hath come to thee. To each among you have We prescribed a Law and an open way. If Allah had so willed He would have made you a single people but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah; it is He that will show you the Truth of the matters in which ye dispute.

49 And this (He commands): ‘Judge thou between them by what Allah hath revealed and follow not their vain desires but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee.

 

Allah Says in the Holy Quran Chapter 3 Surah Ale-Imraan verse 3:

3 It is He Who sent down to thee (O Mohamed (saws)) in Truth the Book (Al-Quran) confirming what went before it; and He sent down Law (of Musa (a.s.)) and the Gospel (of Isa (a.s.)) before this as a guide to mankind, and He sent down the Criterion.

 

Allah Says in the Holy Quran Chapter 35 Surah Fatir verse 31:

31 That which We have revealed to thee (O Mohamed (saws)) of the Book is the Truth confirming what was (revealed) before it: for Allah is assuredly with respect to his servants well acquainted and fully-Observant.

 

Your Question: ……this is clearly going against the will and comand of allah. is there anywhere in the quran mentioned that they should be stoned to death.

It is indeed true that the Law of stoning the ones convicted or adultery is not specifically mentioned in the Glorious Quran, but what is indeed mentioned time and time again is that obedience to the Commands of the Messenger of Allah (saws) is akin to the obedience of Allah Subhanah Himself……for the Prophet Mohamed (saws) did not say aught regarding the deen of his own desire, but at every single step was guided by Allah Subhanah, the Lord of the Worlds!

 

Allah Says in the Holy Quran Chapter 63 Surah Najm verses 2-6:

2 Your Companion (Mohamed (saws)) is neither astray nor being misled

3 Nor does he say (aught) of (his own) desire.

4 It is no less than ‘wahi’ (inspiration) sent down to him:

5 He was taught by one mighty in power

6 endued with wisdom.

 

Allah says in the Holy Quran Chapter 4 Surah Nisa verse 79-80:

We have sent you (O Mohamed) as a Messenger to mankind, and Allah’s witness suffices for this. Whoever obeys the Messenger, in fact obeys Allah, and whoever turns away from him, he will be accountable for his deeds. Anyhow, we have not sent you (O Mohamed) to be a guardian over them.

 

Allah says in the Holy Quran Chapter 3 Surah Ale-Imraan verse 32:

32 Say: "Obey Allah and His Messenger"; but if they turn back Allah loveth not those who reject faith.

 

Allah says in the Holy Quran Chapter 24 Surah Noor verses 47-50:

47 They say "We believe in Allah and in the Messenger and we obey": but even after that some of them turn away: they are not (really) believers.

48 When they are summoned to Allah and His Messenger in order that he may judge between them behold some of them decline (to come).

49 But if the right is on their side they come to him with all submission.

50 Is it that there is a disease in their hearts? Or do they doubt or are they in fear that Allah and His Messenger will deal unjustly with them? Nay it is they themselves who do wrong.

 

For a believer to (Allah forbid) even doubt or assume that it is even possible or conceivable that the Prophet Mohamed (saws) would do or say something which was against the Guidance of Allah Subhanah would be absolute and utter misguidance, and akin to disbelief in the Sight of Allah Subhanah.

 

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 36:

36 It is not fitting for a Believer man or woman when a matter has been decided by Allah and His Messenger, to have any option about their decision: if anyone disobeys Allah and His Messenger, he is indeed on a clearly wrong path.

 

Your Question: ….what if after commiting adultery the person sincerely repents and asks for allah's forgivness?
If one commits adultery, and for whatever reason the case does not reach or is not brought to a Shariah Court of Law….and that person subsequently turns to his/her Lord in sincere ‘taubah’ and seeks forgiveness for their abomination…..it is expected that they will find their Lord Forgiving and Merciful.

 

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 25 Surah Furqaan verses 63-71:

The (true) servants of the Merciful are those who walk humbly on the earth. When the ignorant people behave insolently towards them, they say, “Peace to you”; (And those) who pass their nights in prostrating themselves and standing before their Lord and pray, “O our Lord, save us from the torment of Hell, for its torment is killing! It is an evil abode, and an evil resting place”. (And those) who, when they spend are neither extravagant, nor miserly, but keep the golden mean between the two extremes. (And those) who do not invoke any god but Allah Alone, nor kill a soul unjustly, which Allah has forbidden, nor commit ‘zina’… He who does this shall be punished for his sin, and his torment shall be doubled on the Day of Resurrection, and he shall abide in a state of ignominy; EXCEPT THE ONE WHO MAY HAVE REPENTED (AFTER THOSE SINS), AND HAVE BELIEVED AND DONE RIGHTEOUS DEEDS. For then, Allah will change his evil deeds into good deeds, and He is very Forgiving and Merciful. In fact, one who repents and does righteous deeds, returns to Allah as one rightly should!

 

Al-Tirmidhi Hadith 2357 Narrated by Abdullah ibn Mas'ud

Allah's Messenger (saws) said, "He who repents of a sin is like him who has committed no sin."

 

Al-Tirmidhi Hadith 2338 Narrated by Abdullah ibn Umar

Allah's Messenger (saws) said, "Allah accepts a servant's repentance (taubah) till he gives up his spirit in death."

 

If one is convicted of adultery (or any other crime) in a Shariah Court of Law, even if the one convicted of the crime were to seek forgiveness, they will have to bear the prescribed punishment for their crime according to Shariah Law in the life of this world; but their sincere ‘taubah’ would suffice to avert the punishment for that crime in the Hereafter.

 

But, if one convicted of adultery (or any other crime) in a Shariah Court of Law but does not turn unto their Lord and seek sincere forgiveness, not only will they have to bear the prescribed punishment according to Shariah Law in the life of this world; they will be severely accountable for their crime in the Court of the Majestic and Supreme Lord on the Day of Judgment!

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

 

Whatever written of Truth and benefit is only due to Allah’s 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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