Fixed penalty of Adultery and Slander

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.’”

 ●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.

●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].

●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.

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.

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

●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].

●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].