FIXED PENALTY OF ADULTERY
Adultery is one
of the great sins, so warning of falling into it is very strong.
God says ﴾And do not approach
adultery [unlawful
sexual intercourse]. Indeed, it is ever an immorality and
is evil as a way﴿
Chapter of the Night Journey. Verse NO 32
●Sumurah ibn
Jundub reported: One morning, the Prophet said to us, “Last night I had a vision in which two men (angels) came to me, woke me up, and said to me: ‘Proceed.’ I set
out with them and came across something like a Tannur (a kind of baking oven, a pit usually
clay-lined for baking bread), in which
there was much noise and voices.
We looked into it and found naked men and women and a flame of fire was reaching to them from underneath, and when it reached them they cried loudly.
I asked, ‘Who are these?’ They said, ‘They are the adulterers and the adulteresses.’”
We looked into it and found naked men and women and a flame of fire was reaching to them from underneath, and when it reached them they cried loudly.
I asked, ‘Who are these?’ They said, ‘They are the adulterers and the adulteresses.’”
●It was narrated from Sahl ibn Saᶦd that the
Messenger of Allah (P.P.B.U.H) said, “Whoever
can guarantee (the
chastity of) what is between his jaws and
what is between his legs (i.e.
his tongue and his private parts), I
shall guarantee Paradise for him.” [AL-Bukhari].
Adulterers and adulteresses are of two types:
①Chaste (married):
Their fixed penalty is stoning to death with medium
stones (not small).
Their hands are tied and put, to the half of their bodies, into a dig. Then, they are stoned on their head.
Their hands are tied and put, to the half of their bodies, into a dig. Then, they are stoned on their head.
●Abu-Hurairah reported: A Muslim man came to the Prophet
while he was in the mosque, and called him saying, “O Messenger of Allah, I
have committed adultery.” The Messenger of Allah turned his face away from him,
so the man came round (from the other side) towards his face and said, “O
Messenger of Allah, I have committed adultery.” The Messenger of Allah again
turned his face away from him, but the man repeated his statement four times.
The Messenger called him saying, “Are you mad?” He said: “No.” He (again) said: “Are you married?” He said: “Yes.” Thereupon Allah’s Messenger said, “Take him away and stone him.” [Muslim].
The Messenger called him saying, “Are you mad?” He said: “No.” He (again) said: “Are you married?” He said: “Yes.” Thereupon Allah’s Messenger said, “Take him away and stone him.” [Muslim].
●Abdullah ibn Buraidah reported: A woman of Ghamid came
to the Prophet and said, “I have committed adultery and I want you to purify
me.” He turned her away. On the next day, she came to him again, and said, “I
swear by Allah, I am pregnant.” He said to her: “Go back until you give birth to a child.”
When she gave birth to a child, she brought it to him and said, “Here it is! I have given birth to it.” He said: “Go back and suckle him until you wean him.”
When she had weaned him, she brought him (the boy) to him with a piece of bread in his hand which he was eating.
The boy was then given to a certain man of the Muslims and he (the Prophet) commanded regarding her. So, a pit was dug for her, he ordered people to stone her to death.
When she gave birth to a child, she brought it to him and said, “Here it is! I have given birth to it.” He said: “Go back and suckle him until you wean him.”
When she had weaned him, she brought him (the boy) to him with a piece of bread in his hand which he was eating.
The boy was then given to a certain man of the Muslims and he (the Prophet) commanded regarding her. So, a pit was dug for her, he ordered people to stone her to death.
Khalid ibn AL-Waleed was one of those who were throwing
stones at her.
When he threw a stone at her, a drop of blood fell on his cheeks
and he abused her.
The Prophet said to him: “Gently,
Khalid. By Him in Whose hand my soul is, she has made such a repentance that
even if a wrongful tax-collector were to repent, he would have been forgiven.” Then giving command regarding her, he prayed
over her and she was buried.
[Sahih Muslim]
②Unchaste (unmarried):
Their fixed penalty is one hundred lashes and
then banishment for one year to a country that is 84 kms from their country.
If the adulterer was a female, she should go there with an unmaritable relation. The banishment year should be continuous and is calculated from the beginning of his or her travel.
Upon flogging, clothes are not taken off and it is applied using anything like any foot-wear or sticks.
Fixed penalty of adultery is also applied to the one who commits sodomy (homosexuality) and to the one who commits adultery with animals and the animal is burned after its slaughter.
If the adulterer was a female, she should go there with an unmaritable relation. The banishment year should be continuous and is calculated from the beginning of his or her travel.
Upon flogging, clothes are not taken off and it is applied using anything like any foot-wear or sticks.
Fixed penalty of adultery is also applied to the one who commits sodomy (homosexuality) and to the one who commits adultery with animals and the animal is burned after its slaughter.
God says ﴾The [unmarried] woman or [unmarried] man found guilty of adultery- lash each
of them with a hundred lashes, and do not be taken by pity for them in the
religion of Allah, if you should believe in Allah and the Last Day. And let a
group of the believers witness their punishment﴿ Chapter of Light. Verse NO 2
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FIXED PENALTY of SLANDER
Slander:
is accusing someone of adultery.
Fixed penalty of
slander has been legislated in order to protect inviolability and honour of
people and safeguard society.
If someone slandered another one, fixed penalty of slander would be applied to the slanderer, i.e., lashed with eighty lashes. God says ﴾And those who accuse chaste women and do not produce four witnesses- lash them with eighty lashes and do not accept from them testimony ever after. And those are the rebellious﴿ Chapter of Light. Verse NO 4
If someone slandered another one, fixed penalty of slander would be applied to the slanderer, i.e., lashed with eighty lashes. God says ﴾And those who accuse chaste women and do not produce four witnesses- lash them with eighty lashes and do not accept from them testimony ever after. And those are the rebellious﴿ Chapter of Light. Verse NO 4
●Abu-Dhar
reported that he heard the Prophet saying, “If a
man accuses another man of transgression or accuses him of disbelief, that
accusation will come back on him if his companion is not as he said.” [AL-Bukhari].
A slanderer, to whom fixed penalty of slander is applied, must be:
adult, rational, not the slandered’s father, and not the slandered’s mother.A slandered, for whom fixed penalty of slander is applied, must be:
a rational, adult Muslim, and not an adulterer.Situations of fixed penalty application cancelling:
1) When the
slandered waives the penalty application.
2) When there is
a clear evidence of the slander truth (The evidence should be: presence of four
witnesses, or the slandered’s confession).
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INVOKING CURSE (Liᶦan)
It occurs between
two spouses only. It has been legislated in the ninth Islamic year as a
solution to a serious problem that appeared after legislation of slander fixed
penalty.
Its
procedure:
□The husband says
in front of the judge: “I call God to witness that I am truthful in what I have
slandered my wife [saying her name] concerning adultery.” (Four times). Then,
he says in the fifth time, “The curse of Allah be upon me if I should be among
the liars.”
□Then, his wife
replies, “I call God to witness that my husband [saying his name] is a liar in
what he has slandered me concerning adultery.” (Four times). In the fifth time
she says, “The wrath of Allah be upon me if he was of the truthful.”
□At the end of
invoking curse, divorce takes place, because of impossibility of their living
together after this scandal. But, this does not cancel the blood relationship
of their children to them.
●Ibn ᶦAbbas
reported: Hilal ibn ᶦUmaiyah accused his wife, in front of the Prophet, of
committing illegal sexual intercourse with Shareek ibn Sahmaᶦ.
The Prophet said, “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal said, “O Allah’s Apostle! If anyone of us saw another man over his wife, would he go to search for a proof?!”
The Prophet kept on saying: “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal then said, “By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment.”
Then Gabriel came down and revealed to him ﴾And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of the truthful (6) And the fifth [testimony will be] that the curse of Allah be upon him if he should be among the liars (7) But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars (8) And the fifth [testimony will be] that the wrath of Allah be upon her if he was of the truthful (9)﴿ Chapter of Light. [AL-Bukhari].
The Prophet said, “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal said, “O Allah’s Apostle! If anyone of us saw another man over his wife, would he go to search for a proof?!”
The Prophet kept on saying: “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal then said, “By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment.”
Then Gabriel came down and revealed to him ﴾And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of the truthful (6) And the fifth [testimony will be] that the curse of Allah be upon him if he should be among the liars (7) But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars (8) And the fifth [testimony will be] that the wrath of Allah be upon her if he was of the truthful (9)﴿ Chapter of Light. [AL-Bukhari].
●Saᶦid ibn Jubair reported: A man said, “O Messenger of
Allah, tell me if one of us finds his wife committing adultery, what should he
do? If he talks, that is something great, and if he keeps quiet, that is also
(something great) (which he cannot afford to do it). Allah’s Prophet kept quiet
and did not answer him.
Afterwards he (that very person) came to him and said, “I have been tried by what I asked you about.” So, Allah, Almighty and Sublime, revealed these verses (verses from 6 to 9 of Chapter of Light).
So he called for the man, recited the verses to him, admonished him, reminded him, and told him: “Indeed the punishment of this world is less than the punishment of the Hereafter.” So he said, “No! By the One Who sent you with the Truth! I did not lie about her.”
Then he (the Prophet) did the same with the woman, admonishing her, and reminding her and he told her: “Indeed the punishment of this world is less than the punishment of the Hereafter.” She said, “No! By the One Who sent you with the Truth! He is not telling the truth.”
So, he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them. [Muslim].
Afterwards he (that very person) came to him and said, “I have been tried by what I asked you about.” So, Allah, Almighty and Sublime, revealed these verses (verses from 6 to 9 of Chapter of Light).
So he called for the man, recited the verses to him, admonished him, reminded him, and told him: “Indeed the punishment of this world is less than the punishment of the Hereafter.” So he said, “No! By the One Who sent you with the Truth! I did not lie about her.”
Then he (the Prophet) did the same with the woman, admonishing her, and reminding her and he told her: “Indeed the punishment of this world is less than the punishment of the Hereafter.” She said, “No! By the One Who sent you with the Truth! He is not telling the truth.”
So, he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them. [Muslim].
