What is the Penalty for Adultery under Islamic Law?

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What is the Penalty for Adultery under Islamic Law?
Sadiq
01/28/02 at 14:15:05
Assalaamu Alaikum

I was looking at the BBC News website when I came upon this article.

http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1778000/1778891.stm

Please read the article and give me your views of this incident.  Was this legitimate or not?  Please support with examples from Quran and Hadith.


Please correct me if I am wrong but...
I thought the penalty for adultery for a married man/woman is death (by stoning) and the penalty for adultery committed by an unmarried man/woman is 100 lashes.
NS
Re: What is the Penalty for Adultery under Islamic Law?
kareema
01/28/02 at 14:36:41
For Fornication(a person doing zina who's not married) the punishment is indeed lashing, I'm not sure where people get this killing thing from.  I think honor killings may be more prominent in areas who don't do this Islamic punishment, but I'm not sure about that.

Why stop at a 5 year sentence? If the punishment is really 100 lashes, shouldn't he get the death penalty(assuming the evidence and witnesses are in place)?

24 murders? How many women are killed in Jordan a year? As an American, that doesn't seem like much at all.

The changes of notification of polygamy seem okay, since a marriage is supposed to be announced to everyone and never kept secret, but a women only has to turn in her dower to get an automatic divorce? I think this is still partly dependent on a Islamic judge to ascertain whether her request for divorce is legit? I remember a hadith in which the Prophets(saws) questioned a women and granted her a divorce after he was satisfied with her answers.
Re: What is the Penalty for Adultery under Islamic Law?
Ayla_A
01/28/02 at 16:07:28
[slm]

This is what I could find on the punishment of adultery.  Personally from what I understand that stoning is never mentioned in the Qu'ran and only in the Hadith.  I guess this troubles me cause I think the Qu'ran should be our main guide and the Hadith to help us where the Qu'ran doesn't cover that information.  I have heard that stoning comes from the jewish and has been just "brought" into Islam.

[wlm]
Ayla_A

Translation: Pickthall
[an-Nur 24:2] The adulterer and the adulteress, scourge ye each one of them (with) a hundred stripes. And let not pity for the twain withhold you from obedience to Allah, if ye believe in Allah and the Last Day. And let a party of believers witness their punishment.



Book 017, Number 4191:
'Ubada b. as-Samit reported: Allah's Messenger (may peace be upon him) as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

Book 017, Number 4192:
'Ubada b. as-Samit reported that whenever Allah's Apostle (may peace be upon him) received revelation, he felt its rigour and the complexion of his face changed. One day revelation descended upon him, he felt the same rigour. When it was over and he felt relief, he said: Take from me. Verily Allah has ordained a way for them (the women who commit fornication),: (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, then in case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death). And in case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.

Book 017, Number 4193:
This hadith has been reported on the authority of Qatada with the same chain of transmitters except with this variation that the unmarried is to be lashed and exiled, and the married one is to be lashed and stoned. There is neither any mention of one year nor that of one hundred

Book 017, Number 4194:
'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat on the pulpit of Allah's Messenger (may peace be upon him) and said: Verily Allah sent Muhammad (may peace be upon him) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger (may peace be upon him) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people (may forget it) and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or it there is pregnancy, or a confession.
Re: What is the Penalty for Adultery under Islamic Law?
Sadiq
01/28/02 at 17:02:49
Assalaamu Alaikum

Don't be troubled Ayla_A, from what I have learned the hadith was given to us to compliment the teachings of the Quran.  The Quran tells us to pray, but the only way we can learn how to pray is if we look to the hadith.  The Quran gives us a board understanding of certain acts of worship.  So we look to the Prophet (May peace and blessings of Allah be upon him) for the detailed explaination of performing that act of worship.  Just because something was not in the Quran but in the hadith it doesn't mean that it loses creditabilty or importance. They both (Quran and Hadith) go hand in hand (you can't just have one and not the other, they are both needed). The hadith has also been protected from change along with the Quran to help us achieve perfection in our worship of Allah (SWT).  The last hadith that you posted is a perfect example to illustrate the importance of the hadith and some of the things I stated above:

Book 017, Number 4194:
'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat on the pulpit of Allah's Messenger (may peace be upon him) and said: Verily Allah sent Muhammad (may peace be upon him) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger (may peace be upon him) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people (may forget it) and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or it there is pregnancy, or a confession.

And in regards to Stoning...
Stoning is a punishment that was prescribed by Allah (SWT).  We cannot forget that before the Jewish people strayed away from the straight path, that they were once worshippers of Allah (SWT).  Stoning was the punishment given to them, just as it was to us.  It's not a point of borrowing, just the restablishment of a punishment (in our ummah) that probably dates back to before the People of Israel recieved the message of true religion from Allah (SWT).  I hope this made sense.

You may not be able to tell from my words but I am in no way expressing anger or trying to prove anybody wrong.  I am simply trying to share what I have learned.  No hard feelings, please forgive me if I seemed too harsh.  If I have made any mistakes please correct me so that I will not make it again in the future.  Thank you.
NS
Re: What is the Penalty for Adultery under Islamic Law?
Ayla_A
01/28/02 at 17:20:41
[slm]

Thank you for explaining this to me better.  I guess if I would have read the last hadith better I would have got it:)

My only question though is...Is the hadith protected or only the Qu'ran?

Still so much to learn

[wlm]
Ayla_A
Re: What is the Penalty for Adultery under Islamic Law?
Anonymous
01/28/02 at 19:40:56
Assalamu alaikum,
I think that you are right about the punishments for adultery and
fornication; however, I also believe that these judgements should be left to
the qadis and not to fathers, brothers, uncles, etc. who act only in
anger.  Sometimes their suspicions are not founded on anything but
rumour, and after her death, the woman is found to have been a virgin.

The question I have is why do we never hear of honour killings of the
men who must have been involved in such incidents?  They are equally
guilty, are they not?

wassalam
Re: What is the Penalty for Adultery under Islamic Law?
se7en
01/29/02 at 21:30:35
as salaamu alaykum,

Accusing someone of adultery is just as serious as accusing someone of murder.  Before any legitimate punishment can take place, a trial needs to take place with a qualified qadi, witnesses need to be brought forth, evidence needs to be weighed.  Sharia and the hudood are not things you take into your own hands.  It is not vigilante law.

Here are some good general articles on hudood:

[*] [url=http://www.awate.com/COLUMNISTS/POINTBLANK/crimpunsh.htm] Understanding the Concept of Crime & Punishment in Islam[/url]  
[*][url=http://www.unn.ac.uk/societies/islamic/law/antmy.htm]Anatomy of Islam[/url]
[*] [url=http://www.brudirect.com/criminal/part1.htm]Criminal Law from an Islamic Perspective[/url]
[*] [url=http://www.ummah.org.uk/bicnews/Articles/hrights.htm]Human Rights from an Islamic Worldview: An outline of Hudud, Ta'zir & Qisas[/url]
[*] [url=http://www.alharamain.org/english/newsletter/issue38/sisters.htm]Punishment in Islam: An Eye for an Eye?[/url]

Re: What is the Penalty for Adultery under Islamic Law?
taueeya
01/30/02 at 01:51:41
Assalamu 'Alaikum,

      A few more ahadith to support the authenticity of punishment of stoning to death for illegal sexual intercourse (for married people).

Volume 8, Book 82, Number 805:
Narrated Jabir bin Abdullah Al-Ansari:

A man from the tribe of Bani Aslam came to Allah's Apostle and Informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah's Apostle ordered him to be stoned to death as he was a married Person.


Volume 8, Book 82, Number 806:
Narrated Abu Huraira:

A man came to Allah's Apostle while he was in the mosque, and he called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse.'" The Prophet 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 called him, saying, "Are you mad?" The man said, "No." The Prophet said, "Are you married?" The man said, "Yes." Then the Prophet 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.


   [quote]I have heard that stoning comes from the jewish and has been just "brought" into Islam.[/quote]

   Does the following hadith give any clue?:)

Volume 8, Book 82, Number 809:
Narrated Ibn 'Umar:

A Jew and a Jewess were brought to Allah's Apostle on a charge of committing an illegal sexual intercourse. The Prophet 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 said, "O Allah's Apostle, 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 Apostle ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn 'Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.


  [quote]I think that you are right about the punishments for adultery and fornication; however, I also believe that these judgements should be left to the qadis and not to fathers, brothers,uncles, etc. who act only in anger.  Sometimes their suspicions are not founded on anything but rumour, and after her death, the woman is found to have been a virgin[/quote].

       Its obvious in the following aayaat how beautifully Allah(swt) has protected the woman's chastity by creating His laws. Flawless are the laws of Allah. The key is to have 'belief in Allah',  'fear Him' and 'follow' His(swt) laws' but this is what most of us(the human beings) understand not!

  And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever, they indeed are the Fâsiqûn (liars, rebellious, disobedient to Allâh).[24:4, Al-Qur'an]

  Except those who repent thereafter and do righteous deeds, (for such) verily, Allâh is Oft-Forgiving, Most Merciful [24:5]

  And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allâh that he is one of those who speak the truth. [24:6]

  And the fifth (testimony) (should be) the invoking of the Curse of Allâh on him if he be of those who tell a lie (against her). [24:7] I like this one the most. See, how Allah is telling us to fear Him.

   But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allâh, that he (her husband) is telling a lie. [24:8]

   And the fifth (testimony) should be that the Wrath of Allâh be upon her if he (her husband) speaks the truth. [24:9]

    Beautiful, isn't it? Look at the whole picture! See, in the 4th aayah, how Allah(swt) has protected the chaste women by creating such a severe punishment. The punishment is quite severe  for accusing the chaste women, but then look at Allah's mercy, He(swt) gives a chance to those who repent (the very next aayah i-e 5th aayah). In the 6th aayah, husband-wife relationship is being addressed.  The husband's testimony is being counted as 4 although he is the only one to produce it against his wife, that is, look at the power given to the husband. But then in the very next aayah, Allah(swt) has frightened the husband not to misuse his power. And then again, considering that the husband may misuse the power given to him, how beautifully Allah protects the wife by giving her the same power as given to the husband in the previous aayah i-e her testimony, although being only one, shall be counted 4 as well. And finally Allah(swt) frightens the wife also against misusing the power given to her. SubhanAllah! Where else can one find such a balanced system?

Wassalam.




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