What is the real punishment for adultery?
I have heard about stoning to death...
but others argue that "stoning to death" is not mention in the Quran.
What do you guys think?
thanks.
0
punishment for adultery
Started by
Guest_Timaj_*
, Jan 09 2004 07:03 AM
7 replies to this topic
#2
Posted 09 January 2004 - 09:14 AM
Salam alikom
Stoning as punishment for adultery
Question: I am very confused as regards the punishment that is to be meted out to a married man or women who engages in illegal sexual intercourse. Please give me the relevant Quranic verses and hadith to justify your position.
Answered by Sheikh Sharaf al-Sharîf, professor at Umm al-Qurâ University
Allah has prescribed for each crime its appropriate punishment that will be sufficient to deter people from committing the crime in the first place. Among these punishments is that which is for a married person – man or woman – who engages in adultery.
Such a person was provided by Allah with a lawful means to satisfy his needs, but he still went ahead and engaged in what was unlawful. His crime was the worst that could be and the punishment is suitably severe – stoning.
This punishment is established by the Qur’ân, the Sunnah, and Consensus.
`Umar b. al-Khattâb gave a sermon in which he said: “Allah sent Muhammad (peace be upon him) with the truth and revealed to him the Book. Among what He revealed to him was the verse of stoning. We used to recite it and commit it to memory. The Prophet (peace be upon him) used to carry out the punishment of stoning and we continued to carry out this sentence after his passing. I fear that there will come a time when someone will say that they do not find stoning in the Book of Allah and go astray by abandoning a command that Allah had revealed in His Book. For truly stoning is from Allah’s Book prescribed for men and women who commit adultery after having been married.” [Related by al-Bukhârî (6829), Muslim (1691), Al-Tirmidhî (1431), and Ibn Mâjah (2553)]
This hadîth shows us that stoning is established by a verse of the Qur’ân. The recitation of this verse was later abrogated but its ruling was not.
`Umar b. al-Khattâb said: “We used to read: ‘The male and female sheikh, if they commit adultery, stone them to death.’”
Refer to Fath al-Bârî (12/143) for more information.
In any case, the Sunnah gives us ample and sufficient evidence for the punishment of stoning. The Prophet (peace be upon him) both spoke about it and carried out the sentence. This has been established in the Sunnah by so many different chains of transmission that the hadîth may be classified as mutawâtir.
It has been related to us by Abű Bakr, `Umar, `Alî, Jâbir, Abű Sa`îd al-Khudrî, Buraydah al-Aslamî, and Zayd b. Khâlid.
It is established that the Prophet (peace be upon him) stoned Mâ`iz and al-Ghâmidiyyah.
Ibn Qudâmah says:
Stoning is obligatory upon whoever commits adultery after having been married. This is the statement of all the people of knowledge fron the Companions and the Successors and those who came after them in every land and age. No one ever disputed this except the Khawârij.
You should refer to the books of Tafsîr with respect to verse 15 of Sűrah al-Nisâ’ and verse 3 of Sűrah al-Nűr. You should also consult the books of hadîth and of Islamic Law under the heading: “Bâb Hadd al-Zinâ”
A person who has committed this sin should not reveal it or confess it. He should sincerely repent to AlLlah. He should know that Allah in his mercy has opened the doors of repentance for all sinners who wish to return to Him. Allah forgives all sins. Whoever commits a sin should abandon it, sincerely intend never to commit it again, and make sincere repentance to Allah. He should increase his good deeds and steer clear of sins.
Allah created us in this world to test us as to who would obey Him, carry out His commands, and avoid what He has prohibited. Allah says: “(He) Who created death and life to test you as to which of you are best in deeds and He is the Mighty, the Oft-Forgiving.” [Sűrah al-Mulk: 2]
(www.islamtoday.net)
Stoning as punishment for adultery
Question: I am very confused as regards the punishment that is to be meted out to a married man or women who engages in illegal sexual intercourse. Please give me the relevant Quranic verses and hadith to justify your position.
Answered by Sheikh Sharaf al-Sharîf, professor at Umm al-Qurâ University
Allah has prescribed for each crime its appropriate punishment that will be sufficient to deter people from committing the crime in the first place. Among these punishments is that which is for a married person – man or woman – who engages in adultery.
Such a person was provided by Allah with a lawful means to satisfy his needs, but he still went ahead and engaged in what was unlawful. His crime was the worst that could be and the punishment is suitably severe – stoning.
This punishment is established by the Qur’ân, the Sunnah, and Consensus.
`Umar b. al-Khattâb gave a sermon in which he said: “Allah sent Muhammad (peace be upon him) with the truth and revealed to him the Book. Among what He revealed to him was the verse of stoning. We used to recite it and commit it to memory. The Prophet (peace be upon him) used to carry out the punishment of stoning and we continued to carry out this sentence after his passing. I fear that there will come a time when someone will say that they do not find stoning in the Book of Allah and go astray by abandoning a command that Allah had revealed in His Book. For truly stoning is from Allah’s Book prescribed for men and women who commit adultery after having been married.” [Related by al-Bukhârî (6829), Muslim (1691), Al-Tirmidhî (1431), and Ibn Mâjah (2553)]
This hadîth shows us that stoning is established by a verse of the Qur’ân. The recitation of this verse was later abrogated but its ruling was not.
`Umar b. al-Khattâb said: “We used to read: ‘The male and female sheikh, if they commit adultery, stone them to death.’”
Refer to Fath al-Bârî (12/143) for more information.
In any case, the Sunnah gives us ample and sufficient evidence for the punishment of stoning. The Prophet (peace be upon him) both spoke about it and carried out the sentence. This has been established in the Sunnah by so many different chains of transmission that the hadîth may be classified as mutawâtir.
It has been related to us by Abű Bakr, `Umar, `Alî, Jâbir, Abű Sa`îd al-Khudrî, Buraydah al-Aslamî, and Zayd b. Khâlid.
It is established that the Prophet (peace be upon him) stoned Mâ`iz and al-Ghâmidiyyah.
Ibn Qudâmah says:
Stoning is obligatory upon whoever commits adultery after having been married. This is the statement of all the people of knowledge fron the Companions and the Successors and those who came after them in every land and age. No one ever disputed this except the Khawârij.
You should refer to the books of Tafsîr with respect to verse 15 of Sűrah al-Nisâ’ and verse 3 of Sűrah al-Nűr. You should also consult the books of hadîth and of Islamic Law under the heading: “Bâb Hadd al-Zinâ”
A person who has committed this sin should not reveal it or confess it. He should sincerely repent to AlLlah. He should know that Allah in his mercy has opened the doors of repentance for all sinners who wish to return to Him. Allah forgives all sins. Whoever commits a sin should abandon it, sincerely intend never to commit it again, and make sincere repentance to Allah. He should increase his good deeds and steer clear of sins.
Allah created us in this world to test us as to who would obey Him, carry out His commands, and avoid what He has prohibited. Allah says: “(He) Who created death and life to test you as to which of you are best in deeds and He is the Mighty, the Oft-Forgiving.” [Sűrah al-Mulk: 2]
(www.islamtoday.net)
#3
Posted 09 January 2004 - 09:17 AM
Salam alikom
Fatawa Reference : ID #284
--------------------------------------------------------------------------------
Question : Bismillah As-Salaamu Alaykum wa Rahmatullahi wa Barakatu A brother and I were discussing the Islamic ruling on fornication and adultery. The Imam who is a man of fiqh, (PhD from school in Saudi) stated that he who has been married previously and is no longer a virgin and has sex without being married is commiting adultery, not fornication. The other brother stated that this is not adultery, but fornication. Which is one is correct. Please provide me with the daleel. Jazakullah Khairun Bro. Abdul-Malik Wa Alaykum Salaam
--------------------------------------------------------------------------------
Answer :
The Answer:
By Sheikh Dr.`Abd Allah al-Sulami
Professor at High Juridical Institute
The scholars agreed that a married, divorced or widowed man or woman who commits adultery will be stoned to death, with a disagreement among them in regard with applying a combined punishment on the sinner, (ie. flogging and stoning).
The evidence is what is related by `Ubadah b. al-Sâmit that the Prophet (peace be upon him) said: "Learn from me, Allah has ordained for them a way for both those who were married and those who were not: the person who has been married (thayyib) will receive one hundred lashes with a whip and be stoned to death, and the person who has never been married (bikr) will get one hundred lashes and exile for one year." [Related by Muslim].
`Umar b. al-Khatâb said : " Allah has sent Muhammad ( peace be upon him) with justice and sent to him the Book in which the verse of stoning exists, we have read it, understood it, and took it as Law. The Prophet (peace be upon him) has performed stoning and we will perform stoning thereafter. I fear that after some generations someone may say: 'We do not see the stoning in Allah's Book , then they will go astray by leaving a duty imposed by Allah.' Stoning is in Allah's book and will be applied on those who commit adultery from men or women, if proven, evidenced by pregnancy, or confessed by the sinner." [ Bukhâri and Muslim]
A person will not be considered under the ruling of one who has been married unless that person is an adult of sound mind, had sexual relations with his or her lawfully wed spouse. For our Prophet (peace be upon him) said: "the person who has been married (thayyib) will receive one hundred lashes with a whip and be stoned to death."
The term "the person who has been married (thayyib)" here applies only on the person who had intercourse with a marriage partner. Therefore, in case of a marriage that has never been consummated, the status of being "married" does not apply even if the couple were alone in one place and even if some lesser sexual contacts happened between them not resulting in penetration. Consummation is completed upon penetration, whether discharging occurred or not.
Therefore, if someone commits adultery without ever completed a marriage as described above, then he is not deemed to have been "married." If he commits adultery after having been in a legal marriage that was consummated (even if sex with the spouse occurred only once), then even if that person gets divorced and then commits fornication, he will receive the punishment of a mar
(www.islamtoday.net)
Fatawa Reference : ID #284
--------------------------------------------------------------------------------
Question : Bismillah As-Salaamu Alaykum wa Rahmatullahi wa Barakatu A brother and I were discussing the Islamic ruling on fornication and adultery. The Imam who is a man of fiqh, (PhD from school in Saudi) stated that he who has been married previously and is no longer a virgin and has sex without being married is commiting adultery, not fornication. The other brother stated that this is not adultery, but fornication. Which is one is correct. Please provide me with the daleel. Jazakullah Khairun Bro. Abdul-Malik Wa Alaykum Salaam
--------------------------------------------------------------------------------
Answer :
The Answer:
By Sheikh Dr.`Abd Allah al-Sulami
Professor at High Juridical Institute
The scholars agreed that a married, divorced or widowed man or woman who commits adultery will be stoned to death, with a disagreement among them in regard with applying a combined punishment on the sinner, (ie. flogging and stoning).
The evidence is what is related by `Ubadah b. al-Sâmit that the Prophet (peace be upon him) said: "Learn from me, Allah has ordained for them a way for both those who were married and those who were not: the person who has been married (thayyib) will receive one hundred lashes with a whip and be stoned to death, and the person who has never been married (bikr) will get one hundred lashes and exile for one year." [Related by Muslim].
`Umar b. al-Khatâb said : " Allah has sent Muhammad ( peace be upon him) with justice and sent to him the Book in which the verse of stoning exists, we have read it, understood it, and took it as Law. The Prophet (peace be upon him) has performed stoning and we will perform stoning thereafter. I fear that after some generations someone may say: 'We do not see the stoning in Allah's Book , then they will go astray by leaving a duty imposed by Allah.' Stoning is in Allah's book and will be applied on those who commit adultery from men or women, if proven, evidenced by pregnancy, or confessed by the sinner." [ Bukhâri and Muslim]
A person will not be considered under the ruling of one who has been married unless that person is an adult of sound mind, had sexual relations with his or her lawfully wed spouse. For our Prophet (peace be upon him) said: "the person who has been married (thayyib) will receive one hundred lashes with a whip and be stoned to death."
The term "the person who has been married (thayyib)" here applies only on the person who had intercourse with a marriage partner. Therefore, in case of a marriage that has never been consummated, the status of being "married" does not apply even if the couple were alone in one place and even if some lesser sexual contacts happened between them not resulting in penetration. Consummation is completed upon penetration, whether discharging occurred or not.
Therefore, if someone commits adultery without ever completed a marriage as described above, then he is not deemed to have been "married." If he commits adultery after having been in a legal marriage that was consummated (even if sex with the spouse occurred only once), then even if that person gets divorced and then commits fornication, he will receive the punishment of a mar
(www.islamtoday.net)
#4
Posted 09 January 2004 - 09:20 AM
Salam alikom
Question :
The punishment for zina For unmarried person as in islam is
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2]
For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.
1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ?
2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?.
Answer :
Praise be to Allaah.
Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided.
Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike.
He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that.
Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing.
His garment should not be removed, rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged.
And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report.
It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him.
From al-Mughni, 1/141-142.
From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Question :
The punishment for zina For unmarried person as in islam is
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah” [al-Noor 24:2]
For this punishment to be applicable, Allaah has laid down the condition that the act be witnessed by four men whose word can be trusted; a confession does away with the requirement of four witnesses.
1) My quistion is after 100 lashes the genrally( if person is of normal personality or not very strong) the man will remain alive or not ?
2) How hard or powerful this lashes will be? is there any standard to apply so much strength on each lash?.
Answer :
Praise be to Allaah.
Flogging in the case of hudood punishments is not meant to kill, rather it is intended as a form of discipline and rebuke, and to purify the person of sin. Hence many fuqaha’ have pointed out that it must be done with moderate force, and the person carrying out the punishment should not raise his arm so high that his armpit shows, and he should not use a new whip, or strip the person of his clothing unless it is something like a thick coat, which should be removed. The person being punished should be flogged standing, according to the majority of scholars; he should not be made to lie down and he should not be bound, and blows to the face, head and genitals are to be avoided.
Ibn Qudaamah (may Allaah have mercy on him) said: Rather the blows should be distributed all over the body, so that each limb will have its share, but most of them should be on the fleshy parts such as the buttocks and thighs, and the sensitive areas should be avoided, namely the head, face and genitals of men and women alike.
He said concerning the person being punished that he should not be made to lie down, or be bound, and we do not know of any difference of opinion concerning that.
Ibn Mas’ood said: It is not prescribed in our religion to make the offender lie down or to tie him up or remove his clothing. The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) flogged offenders but there is no report that any of them made the offender lie down or tied him up or removed his clothing.
His garment should not be removed, rather he is it acceptable if he is wearing one or two garments, but if he is wearing a thick coat, it should be removed, because if it is left on he will not feel the blows. Ahmad said: If winter garments are left on him, he will not feel the blows. Maalik said: His clothes should be removed [apart from that which covers the ‘awrah], because the command to flog implies that the blows should be directly to his body. We have the view of Ibn Mas’ood, and we do not know of any of the Sahaabah who differed with him. Allaah did not command us to strip the offender, rather he commanded us to flog him, so whoever is flogged through his clothes has been flogged.
And he said: Once this is established, then the whip should be of moderate quality, not so new that it would cause injury and not so worn out that it hardly hurts him. It was narrated that a man confessed to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he had committed zina, so the Messenger of Allaah (peace and blessings of Allaah be upon him) called for a whip and he was given a broken whip. He said, “Better than this.” So he was brought a brand new whip. He said, “Something between these two.” Narrated by Maalik from Zayd ibn Aslam in a mursal report; and it was narrated from Abu Hurayrah in a musnad report.
It was narrated from ‘Ali (may Allaah be pleased with him) that he said: Moderate blows with a moderate whip. Not so harsh as to kill and not so weak as to be no deterrent. He should not raise his arm completely, or keep it so low that it causes no pain. Ahmad said: His armpit should not show in any of the hudood punishments, i.e., he should not raise his arm so high, because the point is to discipline him, not kill him.
From al-Mughni, 1/141-142.
From the above it is clear that an ordinary person will not usually be killed by flogging; the purpose is to serve as a rebuke and discipline. And the believers should witness this punishment, as Allaah says (interpretation of the meaning):
“The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allaah, if you believe in Allaah and the Last Day. And let a party of the believers witness their punishment”
[al-Noor 24:2]
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
#5
Posted 09 January 2004 - 09:23 AM
Salam alikom
Question :
I would like to know if a person commits fornication and he truely repents towards Allah would he be forgiven in the hereafter if the hadd of hundred lashes is not carried out on him in this world.Can only repentance expiate him from this sin or unless and untill the hadd is not carried out on him he can never be forgiven and will be punished in the hereafter.Please answer in accordance with Quran and sunnah.I will be very grateful.
Answer :
Praise be to Allaah.
The carrying out of the hadd punishment for a sin for which that punishment has been prescribed is an expiation for that sin.
Sincere repentance from sin is also an expiation for sin, and “the one who repents from sin is like the one who did not sin.” And Allaah will turn his bad deeds into good deeds.
If he is sincere in his repentance, and prays a great deal for forgiveness, then he does not have to confess so that the hadd punishment may be carried out on him. Rather repentance is sufficient, in sha Allaah.
Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-71]
It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Give me your oath of allegiance and your pledge that you will not associate anything in worship with Allaah, or steal, or commit adultery, or kill your children, or utter slander, intentionally forging falsehood (i.e. by making illegal children belonging to their husbands) [cf. al-Mumtahanah 60:12], or disobey with regard to anything that is good. Whoever among you fulfils this pledge, Allaah will reward him, and whoever does any of these things and is punished in this world, that will be an expiation for him. Whoever does any of these things and Allaah conceals it for him, then it is up to Allaah: if He wills He will forgive him and if He wills He will punish him.”
Narrated by al-Bukhaari, 18; Muslim, 1709.
In Saheeh Muslim (1695) it says that when Maa’iz came to the Prophet (peace and blessings of Allaah be upon him) and confessed that he had committed zina and said, “Purify me (i.e., carry out the hadd punishment on me)”, he said to him, “Woe to you, go back and ask Allaah for forgiveness and repent to Him.”
Al- Nawawi said:
This hadeeth indicates that the burden of sin is lifted from one who repents from major sins, and this is according to the consensus of the Muslims.
Al-Haafiz Ibn Hajar said:
From this case – i.e. the case of Maa’iz when he confessed zina – it may be understood that it is mustahabb for the one whose case is similar to repent to Allaah and to conceal himself and not mention his sin to anyone… This was affirmed by al-Shaafa’i who said: I prefer for the one who has committed a sin and been concealed by Allaah to conceal it himself and to repent.
Fath al-Baari, 12/124, 125
And it was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Avoid these sins that Allaah has forbidden, but whoever does any of them, let him conceal himself with the concealment of Allaah and repent to Allaah, for whoever tells us of what he has done, we will carry out (the punishment prescribed in) the Book of Allaah on him.”
It was also narrated by al-Haakim in al-Mustadrak ‘ala al-Saheehayn (4/425) and by al-Bayhaqi (8/330); classed as saheeh by al-Albaani in Saheeh al-Jaami’, 149.
For more information please see the answers to questions no. 624, 23485, 20983 and 728.
Islam Q&A (www.islam-qa.com)
Question :
I would like to know if a person commits fornication and he truely repents towards Allah would he be forgiven in the hereafter if the hadd of hundred lashes is not carried out on him in this world.Can only repentance expiate him from this sin or unless and untill the hadd is not carried out on him he can never be forgiven and will be punished in the hereafter.Please answer in accordance with Quran and sunnah.I will be very grateful.
Answer :
Praise be to Allaah.
The carrying out of the hadd punishment for a sin for which that punishment has been prescribed is an expiation for that sin.
Sincere repentance from sin is also an expiation for sin, and “the one who repents from sin is like the one who did not sin.” And Allaah will turn his bad deeds into good deeds.
If he is sincere in his repentance, and prays a great deal for forgiveness, then he does not have to confess so that the hadd punishment may be carried out on him. Rather repentance is sufficient, in sha Allaah.
Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-71]
It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Give me your oath of allegiance and your pledge that you will not associate anything in worship with Allaah, or steal, or commit adultery, or kill your children, or utter slander, intentionally forging falsehood (i.e. by making illegal children belonging to their husbands) [cf. al-Mumtahanah 60:12], or disobey with regard to anything that is good. Whoever among you fulfils this pledge, Allaah will reward him, and whoever does any of these things and is punished in this world, that will be an expiation for him. Whoever does any of these things and Allaah conceals it for him, then it is up to Allaah: if He wills He will forgive him and if He wills He will punish him.”
Narrated by al-Bukhaari, 18; Muslim, 1709.
In Saheeh Muslim (1695) it says that when Maa’iz came to the Prophet (peace and blessings of Allaah be upon him) and confessed that he had committed zina and said, “Purify me (i.e., carry out the hadd punishment on me)”, he said to him, “Woe to you, go back and ask Allaah for forgiveness and repent to Him.”
Al- Nawawi said:
This hadeeth indicates that the burden of sin is lifted from one who repents from major sins, and this is according to the consensus of the Muslims.
Al-Haafiz Ibn Hajar said:
From this case – i.e. the case of Maa’iz when he confessed zina – it may be understood that it is mustahabb for the one whose case is similar to repent to Allaah and to conceal himself and not mention his sin to anyone… This was affirmed by al-Shaafa’i who said: I prefer for the one who has committed a sin and been concealed by Allaah to conceal it himself and to repent.
Fath al-Baari, 12/124, 125
And it was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Avoid these sins that Allaah has forbidden, but whoever does any of them, let him conceal himself with the concealment of Allaah and repent to Allaah, for whoever tells us of what he has done, we will carry out (the punishment prescribed in) the Book of Allaah on him.”
It was also narrated by al-Haakim in al-Mustadrak ‘ala al-Saheehayn (4/425) and by al-Bayhaqi (8/330); classed as saheeh by al-Albaani in Saheeh al-Jaami’, 149.
For more information please see the answers to questions no. 624, 23485, 20983 and 728.
Islam Q&A (www.islam-qa.com)
#6 Guest_Timaj_*
Posted 10 January 2004 - 04:28 AM
This hadîth shows us that stoning is established by a verse of the Qur’ân. The recitation of this verse was later abrogated but its ruling was not.
I appolgize for being such a hard head, but I'have always believed that Quran was and will always be protected by Allah, and non of the verses were ever abrogated, every word in the Quran is the Original word that was revealed to the Prophet (saw). I never knew that any verse was ever obragated.
Who abrogated the verse and who gave them the right to do so? Is it really true that the verse from Quran was abrogated?
By reading the last answer, I understand that as long as someone conceals the sin and repents, then Allah will forgive, but what am wondering is, What if the woman gets pregnant by onoter man othr than hr husband. what can she do, to avoid the stoning punishment? I understand it's also Haram (not permitted) to hide what is in the womb....,
How about in case of a widowed or a divorced woman, who gets pregnant and does not want to be stoned, but wants to sincerely repent...does she have a choice?
Is the islamic society obligated to carry out the punishment anyways??
again I really apologize if am offending anybody, I'am just trying to understand.
Thank you for your time. Let me re-read your answers again, and see if i have missed something.
Asalamaleikum
I appolgize for being such a hard head, but I'have always believed that Quran was and will always be protected by Allah, and non of the verses were ever abrogated, every word in the Quran is the Original word that was revealed to the Prophet (saw). I never knew that any verse was ever obragated.
Who abrogated the verse and who gave them the right to do so? Is it really true that the verse from Quran was abrogated?
By reading the last answer, I understand that as long as someone conceals the sin and repents, then Allah will forgive, but what am wondering is, What if the woman gets pregnant by onoter man othr than hr husband. what can she do, to avoid the stoning punishment? I understand it's also Haram (not permitted) to hide what is in the womb....,
How about in case of a widowed or a divorced woman, who gets pregnant and does not want to be stoned, but wants to sincerely repent...does she have a choice?
Is the islamic society obligated to carry out the punishment anyways??
again I really apologize if am offending anybody, I'am just trying to understand.
Thank you for your time. Let me re-read your answers again, and see if i have missed something.
Asalamaleikum
#7
Posted 11 January 2004 - 01:00 PM
Salam alikom
Question :
Is it permissible for a woman who has committed immoral actions to abort the foetus?
Answer :
Praise be to Allaah.
The efforts and ijtihaad of the fuqaha’ have focused on abortion in general terms, and the rulings on that and the consequences that may follow. They have not gone into details concerning cases where the pregnancy results from immorality. This may be because they consider that to come under the same ruling as abortion of a pregnancy resulting from a proper marriage. If abortion of a pregnancy resulting from a proper marriage is haraam under normal circumstances, then it is even more so in cases where the pregnancy results from immorality, because permitting abortion of pregnancy which results from immorality would encourage evil actions and the spread of immorality. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it, e.g., it forbids tabarruj (wanton display of one’s charms) and free mixing (of men and women).
In addition, an innocent foetus which has committed no sin should not be sacrificed because of a sin committed by someone else. Allaah says (interpretation of the meaning):
“No one laden with burdens can bear another’s burden”
[al-Israa’ 17:15]
It is known that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent the Ghaamidi woman who was pregnant as a result of zinaa away until she gave birth, then after the birth he sent her away until she had breastfed the child and weaned him. She came back with the child who had a piece of bread. The Prophet (peace and blessings of Allaah be upon him) gave the child to one of the Muslims, then he gave orders that she should be placed in a hole up to her chest, and commanded the people to stone her. Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202)
This incident shows us the extent to which Islam is concerned with the foetus, even if it is the result of zina: the Prophet (peace and blessings of Allaah be upon him) delayed the carrying out of the hadd punishment on the mother in order to save the life of the foetus.
Can it be imagined that the Lawgiver would permit killing the foetuses by abortion in order to fulfil the wishes of those who follow their whims and desires?
Furthermore, those who say that abortion is permitted within the first forty days of a legitimate pregnancy based their ijtihaad on a concession, like not fasting in Ramadaan for those who have valid excuses, or shortening the four-rak’ah prayers whilst travelling, but it is stated in sharee’ah that concessions cannot be connected to sins.
Imaam al-Quraafi said: “With regard to sins, they cannot be taken as reasons for concessions. Hence one who is travelling for the purpose of sin cannot shorten his prayers or break his fast, because the reason for doing these is travelling, but in this case the reason for travelling is to commit sin, so the concession does not apply, because granting a concession on the basis of sin will encourage people to sin further.” (al-Furooq, 2/33)
Similarly, the basic principles of Islamic sharee’ah do not give the same concessions to a woman who is pregnant as a result of zinaa as are given to a woman who is pregnant as a result of proper marriage, lest that help her in her sin, and it does not make it easy for her to get rid of the results of her evil actions.
In addition, the foetus in the case of zinaa has no guardian, because according to sharee’ah the title of father can only be given to the one who has a child from a woman in a proper marriage. This is part of the meaning of the hadeeth: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and Muslim). The guardian of the foetus in such cases is the sultan or ruler – the one who is in charge of the Muslims’ affairs – for he is the guardian of those who have no guardian. The way in which the ruler disposes of people’s affairs is based on the interests of the people, and there is no interest to be served in destroying the soul of the foetus in order to preserve the mother’s interests, because that would involve encouraging her and others to persist in this evil action.
It is permissible to resort to aborting the foetus of a woman who has committed this evil action but now wants to repent sincerely, and is very afraid. This is a major principle of sharee’ah, and is subject to the condition that this be done as early in the pregnancy as possible, and that this fatwa be given only in individual cases and not be treated as a general fatwa, lest this concession becomes a means of encouraging evil in the Muslim society. And Allaah knows best.
From Ahkaam al-Janeen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islam-qa.com)
Question :
Is it permissible for a woman who has committed immoral actions to abort the foetus?
Answer :
Praise be to Allaah.
The efforts and ijtihaad of the fuqaha’ have focused on abortion in general terms, and the rulings on that and the consequences that may follow. They have not gone into details concerning cases where the pregnancy results from immorality. This may be because they consider that to come under the same ruling as abortion of a pregnancy resulting from a proper marriage. If abortion of a pregnancy resulting from a proper marriage is haraam under normal circumstances, then it is even more so in cases where the pregnancy results from immorality, because permitting abortion of pregnancy which results from immorality would encourage evil actions and the spread of immorality. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it, e.g., it forbids tabarruj (wanton display of one’s charms) and free mixing (of men and women).
In addition, an innocent foetus which has committed no sin should not be sacrificed because of a sin committed by someone else. Allaah says (interpretation of the meaning):
“No one laden with burdens can bear another’s burden”
[al-Israa’ 17:15]
It is known that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent the Ghaamidi woman who was pregnant as a result of zinaa away until she gave birth, then after the birth he sent her away until she had breastfed the child and weaned him. She came back with the child who had a piece of bread. The Prophet (peace and blessings of Allaah be upon him) gave the child to one of the Muslims, then he gave orders that she should be placed in a hole up to her chest, and commanded the people to stone her. Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202)
This incident shows us the extent to which Islam is concerned with the foetus, even if it is the result of zina: the Prophet (peace and blessings of Allaah be upon him) delayed the carrying out of the hadd punishment on the mother in order to save the life of the foetus.
Can it be imagined that the Lawgiver would permit killing the foetuses by abortion in order to fulfil the wishes of those who follow their whims and desires?
Furthermore, those who say that abortion is permitted within the first forty days of a legitimate pregnancy based their ijtihaad on a concession, like not fasting in Ramadaan for those who have valid excuses, or shortening the four-rak’ah prayers whilst travelling, but it is stated in sharee’ah that concessions cannot be connected to sins.
Imaam al-Quraafi said: “With regard to sins, they cannot be taken as reasons for concessions. Hence one who is travelling for the purpose of sin cannot shorten his prayers or break his fast, because the reason for doing these is travelling, but in this case the reason for travelling is to commit sin, so the concession does not apply, because granting a concession on the basis of sin will encourage people to sin further.” (al-Furooq, 2/33)
Similarly, the basic principles of Islamic sharee’ah do not give the same concessions to a woman who is pregnant as a result of zinaa as are given to a woman who is pregnant as a result of proper marriage, lest that help her in her sin, and it does not make it easy for her to get rid of the results of her evil actions.
In addition, the foetus in the case of zinaa has no guardian, because according to sharee’ah the title of father can only be given to the one who has a child from a woman in a proper marriage. This is part of the meaning of the hadeeth: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and Muslim). The guardian of the foetus in such cases is the sultan or ruler – the one who is in charge of the Muslims’ affairs – for he is the guardian of those who have no guardian. The way in which the ruler disposes of people’s affairs is based on the interests of the people, and there is no interest to be served in destroying the soul of the foetus in order to preserve the mother’s interests, because that would involve encouraging her and others to persist in this evil action.
It is permissible to resort to aborting the foetus of a woman who has committed this evil action but now wants to repent sincerely, and is very afraid. This is a major principle of sharee’ah, and is subject to the condition that this be done as early in the pregnancy as possible, and that this fatwa be given only in individual cases and not be treated as a general fatwa, lest this concession becomes a means of encouraging evil in the Muslim society. And Allaah knows best.
From Ahkaam al-Janeen fi’l-Fiqh al-Islami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim (www.islam-qa.com)
#8
Posted 14 February 2004 - 01:09 AM
Salam alikom
Recitation of a verse being abrogated while its ruling remains in effect
Question: I brought up the point with some people that the verse of stoning was a part of the Qur'ân, but was later taken out by Allah's command while its ruling remained. I cited the narration from 'Umar as proof. To say the least, I was sternly rebuked. One of them said that such an idea contradicts the verse: "Indeed, it is We who sent down the Reminder, and indeed, We will be its guardian." Is my assumption correct?
Answered by the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
We are surprised that you were rebuked for what you said. It is absolutely correct.
`Umar b. al-Khattâb gave a sermon in which he said: “Allah sent Muhammad (peace be upon him) with the truth and revealed to him the Book. Among what He revealed to him was the verse of stoning. We used to recite it and commit it to memory. The Prophet (peace be upon him) used to carry out the punishment of stoning and we continued to carry out this sentence after his passing. I fear that there will come a time when someone will say that they do not find stoning in the Book of Allah and go astray by abandoning a command that Allah had revealed in His Book. For truly stoning is from Allah’s Book prescribed for men and women who commit adultery after having been married.” [Sahîh al-Bukhârî (6829), [Sahîh Muslim (1691), Sunan al-Tirmidhî (1431), and Sunan Ibn Mâjah (2553)]
This hadîth shows us that stoning was established by a verse of the Qur’ân. The recitation of this verse was later abrogated but its ruling was not.
`Umar b. al-Khattâb said: “We used to read: ‘The male and female sheikh, if they commit adultery, stone them to death.’”
Please refer to Fath al-Bârî (12/143) for more information.
This is a classic example of the abrogation of the recitation of a verse while upholding its ruling. It is cited as an example in nearly every book of Islamic jurisprudence and most books of Qur’ânic studies.
What is most shocking is the contention that such abrogation runs contrary to the meaning of the verse: "Indeed, it is We who sent down the Reminder, and indeed, We will be its guardian." Allah is the one who does the abrogating so there is no contradiction.
Please refer this person to Allah’s statement: “What We abrogate of the verses or cause to be forgotten, we come with what is better or similar to it. Do you not know that Allah is capable of all things?” [Sűrah al-Baqarah: 105]
The words: “or cause to be forgotten” clearly show that verses can not only have their rulings abrogated, but their recitation can be abrogated as well.
And Allah knows best.
(www.islamtoday.net)
Recitation of a verse being abrogated while its ruling remains in effect
Question: I brought up the point with some people that the verse of stoning was a part of the Qur'ân, but was later taken out by Allah's command while its ruling remained. I cited the narration from 'Umar as proof. To say the least, I was sternly rebuked. One of them said that such an idea contradicts the verse: "Indeed, it is We who sent down the Reminder, and indeed, We will be its guardian." Is my assumption correct?
Answered by the Fatwa Department Research Committee - chaired by Sheikh `Abd al-Wahhâb al-Turayrî
We are surprised that you were rebuked for what you said. It is absolutely correct.
`Umar b. al-Khattâb gave a sermon in which he said: “Allah sent Muhammad (peace be upon him) with the truth and revealed to him the Book. Among what He revealed to him was the verse of stoning. We used to recite it and commit it to memory. The Prophet (peace be upon him) used to carry out the punishment of stoning and we continued to carry out this sentence after his passing. I fear that there will come a time when someone will say that they do not find stoning in the Book of Allah and go astray by abandoning a command that Allah had revealed in His Book. For truly stoning is from Allah’s Book prescribed for men and women who commit adultery after having been married.” [Sahîh al-Bukhârî (6829), [Sahîh Muslim (1691), Sunan al-Tirmidhî (1431), and Sunan Ibn Mâjah (2553)]
This hadîth shows us that stoning was established by a verse of the Qur’ân. The recitation of this verse was later abrogated but its ruling was not.
`Umar b. al-Khattâb said: “We used to read: ‘The male and female sheikh, if they commit adultery, stone them to death.’”
Please refer to Fath al-Bârî (12/143) for more information.
This is a classic example of the abrogation of the recitation of a verse while upholding its ruling. It is cited as an example in nearly every book of Islamic jurisprudence and most books of Qur’ânic studies.
What is most shocking is the contention that such abrogation runs contrary to the meaning of the verse: "Indeed, it is We who sent down the Reminder, and indeed, We will be its guardian." Allah is the one who does the abrogating so there is no contradiction.
Please refer this person to Allah’s statement: “What We abrogate of the verses or cause to be forgotten, we come with what is better or similar to it. Do you not know that Allah is capable of all things?” [Sűrah al-Baqarah: 105]
The words: “or cause to be forgotten” clearly show that verses can not only have their rulings abrogated, but their recitation can be abrogated as well.
And Allah knows best.
(www.islamtoday.net)
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