Zina/Fornication/Adultry
May God forgive me and guide me
regarding any sign that would have been misinterpreted in this study and
elsewhere. May He always guide us to a better understanding of His profound
scripture so we can purify ourselves and increase our knowledge.
God commanded us to preserve our
chastity:
(33:35) The Muslim men and the
Muslim women, the believing men and the believing women, the obedient men and
the obedient women, the truthful men and the truthful women, the patient men
and the patient women, the humble men and the humble women, the charitable men
and the charitable women, the fasting men and the fasting women, the chaste men
as well as women who preserve [it], men who remember God frequently, as well as
women who remember [Him]: God has assuredly prepared for them forgiveness and a
sublime recompense.
(23:5) And those who preserve their
chastity.
(24:30) Enjoin (O Muhammad)
believing men to lower their gaze and to preserve their chastity; It is what is
most pure for you. In truth, God is fully aware of their acts. (24:31) And
enjoin believing women to lower their gaze and preserve their chastity, and not
to reveal any of their attributes of beauty except that which is [manifestly]
apparent, and to draw their veils over their chests…
To transgress this commandment
is a catastrophic sin in Islam:
(24:2) [When it comes to] the woman
guilty of fornication or adultery (azzayinatu), as well the man guilty of
fornication or adultery (azzani), flog both of them with a hundred lashes, and
do not let pity towards them overcome you in implementing God’s law, if you
believe in God and the last day. And let a group of believers witness their
[dual plural] punishment. (24:3) The men guilty of fornication or adultery
won’t be able to marry except a women guilty of fornication or adultery or a
polytheist, and the women guilty of fornication or adultery won’t be able to
marry except a man guilty of fornication or adultery or a polytheist. Such a
thing has been forbidden for believers (al mouwminin = Muslims). (24:4) And those
who accuse free women (Muhsanat = chaste women, married or not, and not
captives, see 5:5), without producing afterwards four witnesses, flog each of
them with eighty lashes, and do not accept their testimony ever again. They are
the ones who transgress; (24:5) Except those who repent after that, and reform,
because God is the one who protects, Most Merciful. (24:6) And those who accuse
their spouses, but do not have any witnesses other than themselves, the
testimony of each of them has to be four testimonies towards God that he is
indeed among the truthful, (24:7) and the fifth that God’s curse may be upon
him if he is among the liars. (24:8) But the punishment [of 100 lashes] will be
spared to her if she testifies four times towards God that he (her husband) is
among the liars, (24:9) and the fifth [testimony] that God’s curse may be upon
her if he is among the truthful. (24:10) And [could you even fathom what would
happen] if it were not for God’s grace towards you, as well as His Mercy, and
[the fact] that He is the One who comes back relentlessly, the Wise !?
Table of contents:
1. Definition of Zina (زنى =
fornication/adultery).
2. Why is stoning to death the
adulterer a religious law in sunni and shia societies?
3. Is stoning to death ever
mentioned in the Quran ?
4. 100 lashes: Is it the only
possible sentence?
5. 100 lashes: Is it symbolical or
severe?
6. Fornication/adultery is a
catastrophic sin: Can it be forgiven?
7. Accusing a person of
fornication/adultery: 4 witnesses required; what is the punishment if proofs
are missing.
8. Are non Muslim communities
subject to Quranic law in an Islamic society?
9. Homosexuality
10. Rape
Conclusion
1. Definition of Zina (زنى = fornication/adultery).
No verse in the Quran makes any
distinction between fornication and adultery: Married or not, the two persons
found guilty are sentenced with a hundred lashes, as 24:2 details it: “And let
a group of believers witness their [dual plural] punishment.”
“Their” (Huma) is a dual plural and
suggests that both persons (men and women) that are found guilty of fornication
or adultery will be punished together. It is the one and only law that we find
in the Quran fully detailed, because it is obvious that a married man could
have an extra marital affair with either a married or unmarried woman, and vice
versa, as well as two unmarried persons. In all cases, the punishment is 100
lashes for both of them in an Islamic society.
The Quran makes the difference
between “to approach zinâ” (fornication/adultery) as we see in 17:32, and the
sin itself. 4:25 points out that it is forbidden to have a secret lover,
whether there is any sexual relationship involved or not. For this reason, the
definition of “zinâ” (fornication/adultery, no difference in Islam) implies
some form of sexual contact; for example kissing someone can easily be a first
step towards fornication or adultery, because there is a danger to go to a
further step which would clearly establish that someone is having an illicit
relationship, without necessarily committing the sin of fornication or adultery
in itself. In other words, it is unimaginable that a person can be found guilty
of fornication of adultery in Islam without a sexual contact of some kind, and
being aware that a person commits a grievous sin even before the catastrophic
sin of “zinâ”.
2. Why is stoning to death the
adulterer a religious law in sunni and shia societies?
In spite of the fact that the Quran
never mentions any sentence regarding stoning the adulterer, many hadiths
regarded as authentic state that the adulterer, men and women, shall be stoned
to death. For example:
“Sahih” Muslim, 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.
Ibn Abbas reported that Allah's
Apostle (may peace be upon him) said to Ma'iz b. Malik: Is it true what has
reached me about you? He said: What has reached you about me? He said: It has
reached me that you have committed (adultery) with the slave-girl of so and so?
He said: Yes. He (the narrator) said: He testified four times. He (the Holy
Prophet) then made pronouncement about him and he was stoned (to death).
3. Is stoning to death ever
mentioned in the Quran ?
Yes indeed, the act of stoning is
mentioned in five instances in the Quran, but exclusively in connection with
people who are proven idol worshippers and reject Islam and God’s messengers
(11:91, 18:20, 19:46, 26:116, 36:18).
Example:
(11:91) They proclaimed: “O Chuaib,
we do not understand what you say, and we consider you as weak compared to us;
if it were not for your family, we would surely have stoned you; you have no
power over us.
Stoning the adulterer - and stoning
in general – is not a Quranic law, and no believer can ever be associated with
such a satanic and barbaric sentence according to God’s final revelation. On
the contrary, stoning is one of the utmost proofs of disbelief in God and His
revelations since inventing laws that contradict the Quran is an advanced state
of polytheism according to the Word of God (4:60-61, 42:21). Stoning is nothing
more than the signature of satan.
According to the Quran, the
punishment in case of fornication or adultery is not stoning to death but 100
lashes (24;2).
The 100 lashes cannot possibly be
followed by the sentence of stoning, even if a married person is involved, as
followers of hadiths claim (see the first hadith quoted above), because 24:3
shows that a person who received the punishment of 100 lashes can afterwards
only marry a fornicator/adulterer or a polytheist.
Question for Sunnis and Shias who
dare to claim that stoning is God’s law:
How is it possible for a person who
has been stoned to death to possibly get married afterwards?
(4:25) And whoever among you is not
in a position to marry a free believing woman (mouhsanat = a woman who is not
under the yoke of slavery), then (you may find a spouse) among the young
believing women whom you possess (lit. with your right hands = who are under
the yoke of slavery). God knows (the nature of) your faith, you are from one
another, so marry them with the permission of their family, and grant them
their due dowry in an equitable manner; [they should] be chaste, not immoral
women, and not have secret lovers. If once married, they become guilty of
immorality (in the context adultery), they receive half the punishment (100/2 =
50 lashes) of a free woman (muhsanat = free woman, married or not, not
necessarily Muslim according to the strict definition of the word). This is
directed to whomever among you fears [to fall into] sin, and it is better if
you to remain patient; God is oft forgiving, Most Merciful.
4:25 proves incontrovertibly that
stoning is a pagan law inspired by satan. It is absolutely impossible to divide
death by two (stoning is clearly a death sentence), but 100 lashes divided by 2
is 50 lashes, and it is God’s law. This is the proof that the numerous hadiths
which advocate stoning are satanic laws in complete contradiction with the Word
of God. Every single time the Quran refers to stoning, it is always idol
worshipers who threaten to do it, never believers. Even the ritual of stoning
during Hajj is never mentioned or even hinted at anywhere in the Quran, and is
therefore not part of the pure ritual of Hajj (the real reason why we go to
Mina is to sacrifice an animal in the name of God and meditate upon God’s
immense mercy who saved Abraham from sacrificing his son, and not to divert our
attention from God by practicing what is by definition a pagan ritual).
- The invention of the ritual of
stoning satan probably comes from a complete misunderstanding of satan’s
attribute “al rajeem” (“the outcast”, meaning “rejected” from Paradise, see
15:34, 38:77). “Rajeem” is part of the root “rajama”, which means “to stone”,
but never bears the same meaning in the context of the Quran regarding satan.
We very often hear non native English Muslims say “I seek refuge in God against
satan the stoned” (very awkward in English to say the least) instead of “satan
the outcast”, referring to 16:98. It is completely ignoring the real meaning of
verses 15:34 and 38:77.
Verses 24:2-10 and 4:25 show that in
a Muslim society, the Quranic punishment for adultery in general has to be
applied to the two persons guilty of fornication: The only exception could be
when a Jew or a Christian committed zinâ and no Muslim is involved (because
otherwise both people are punished together), because an Islamic society allows
Jewish or Christian tribunals; the Quran acknowledges that God’s law is present
is the Bible, see the commentary of 5:47 later.
According to the Quran, what makes
the difference between 100 or 50 lashes is the fact that a woman was free or
under the yoke of slavery before getting married. A believing woman (muwminat =
Muslim according to the Quran) who is married and was previously under the yoke
of slavery will only receive 50 lashes in case of adultery according to 4:25:
By equivalence, a woman who is non Muslim, married, and previously a slave, and
would commit adultery with a Muslim (or whoever else) would receive 50 lashes,
but 100 if she has always been free. In a Muslim society, God’s law is
applicable to everyone.
(17:32) Never [put yourself in a
situation where you can] be close to [committing] adultery (azzinâ). In truth,
it is an immoral act and a road to perdition! (17:33) Never kill any soul, God
forbid such a thing, unless by due course of [Quranic] law; whoever is killed
unjustly, we have given the authority to his close relative (see 2:178); but he
should not commit any excess when it comes to [carrying out any] killing,
indeed he is [already fully] supported [by the law].
The context of the above verses
makes it clear that God knew that human beings would transgress the Quranic law
and replace it with the satanic law of stoning. It is why God mentions the
absolute interdiction to kill any soul right after mentioning “zinâ”
(adultery/fornication). The Quran never authorizes the capital punishment
except in case of murder, assassination, or other horrible crimes (5:33, 17:33)
(and even then, alternative sentence can be applied), and never in case of
adultery. Whoever applies a sentence of stoning in case of adultery can easily
be sentenced to death according to 17:32-33 and 2:178.
4. 100 lashes: Is it the only
possible sentence?
(4:15) And [as for] those of your
women who commit immorality, call four [people] among you to serve as witnesses
against them. If they testify, then confine them in houses (possibly their
homes if it is a viable solution to isolate them from the rest of society),
until death comes to them, or until God provides them an exit [such as marriage
if they repent and reform]. (4:16) As for the two (individuals) among you who
commit it (immorality), punish them (100 lashes in case of zinâ). But if they
repent and reform, then leave them alone [that is to say do not assign them to
residence or send them to prison]. In truth, God is the one who grants
forgiveness, [The] Merciful. (4:17) God only accepts the repentance from people
who commit evil out of ignorance and repent without delay. Such are those upon
whom God grants forgiveness. God is Omniscient, Wise, (4:18) Repentance is not
accepted from those who commit evil until death becomes manifest to one of them
who will then say: “I now repent!”; nor from those who die in a state of
disbelief. They are those to whom we have prepared a painful retribution.
Some commentators claim that some
verses abrogate others, for instance that 4:15 is abrogated by 24:2. This is
absolutely false because the Quran states that nothing abrogates the word of
God (see most notably 6:115 and 18:27). Verse 2:106 is often cited out of
context to claim that some verses abrogate others; on the contrary, the
previous verse (2:105) points out that it is only part of previous revelations
that are abrogated by the Quran, since it “subrogates” previous revelations
(see 5:48).
Far from that, 4:15 completes 24:2
and 4:25 when it comes to the sentence applicable for fornication/adultery, and
shows that if a person commits immoral acts but refuses to repent and reform,
he or she is assigned to residence (or imprisoned) to protect the rest of the
population from physical and moral corruption.
Let us also stress on the fact that
the word “fahichat” (فحشة = immorality) in 4:15
which in the general context of the Quran designates sins that are potentially
wider than fornication and adultery between a man and a woman, and englobes
sins like homosexuality, rape, prostitution, etc…
If verse 4:15 cites as an example
women assigned to residence (or imprisoned) in case of fornication/adultery,
4:16 implies that the sentence is potentially applicable to both persons guilty
of immorality:
… (4:16) As for the two
(individuals) among you who commit it (immorality), punish them (100 lashes in
case of zinâ). But if they repent and reform, then leave them alone [that is to
say do not assign them to residence or send them to prison].
- There is absolutely no reason why
only women would be sentenced in such a way and not men, when they commit
exactly the same sin.
The Islamic society does not
tolerate immorality and takes strict measures to avoid its propagation. On the
other hand, Islam is a religion of Mercy and offers an exit to whoever repents
and reforms sincerely, as long as he or she does not present a threat for
society any longer.
The punishment for
adultery/fornication/immorality ends therefore with the sentence as defined in
24:2 (100 lashes) for anyone who repents and reform.
5. 100 lashes: Is it symbolical or
severe?
We studied in detail that the real
punishment in case of fornication/adultery is 100 lashes, and that a death
sentence is not only impossible but strictly forbidden by the Quran. 24:2 also
proclaims the following commandment: “and do not let pity towards them overcome
you in implementing God’s law, if you believe in God and the last day.”
There is no possible alternative
here: “The punishment of 100 lashes is not symbolical, but a real physical
punishment which has to be applied. We then have to take into account the
following facts:
Islam is a religion of mercy; the
goal of this sentence is not to destroy a human being: 100 lashes applied
mercilessly can easily either kill or destroy physically and psychologically a
human being for the rest of his or her life.
Someone who would carry out the
punishment and would kill someone would at least commit a homicide, and even a
murder if the goal was to apply the sentence mercilessly or the person had the
intention to kill. In the latter case, the murderer would face the death
penalty. It is simply unthinkable in Islam that a punishment for “zinâ” can
ever result in death or any physical damage other than superficial.
The punishment is therefore
substantial but superficial, that is to say without causing any injury (no
blood, no internal damage).
For instance, the person who
received the punishment should be able to go to work afterwards. His or her
family should not have to suffer financially in addition to the trauma that was
caused because he or she would be incapacitated as a result.
The age, gender and physical
condition of the person has to be taken into consideration to make sure that no
unfortunate accident can ever happen. A person in poor physical condition would
receive only a light or symbolical punishment.
In short, any person who would apply
the punishment should do so with the fear of exceeding the limits defined by
God, because only disbelievers behave that way. Let us meditate the meaning of
the following verse:
(26:130) And when you strike, you
strike mercilessly.
The context of 26:130 is very
general (it bears a broader meaning that in the simple context of a battle) and
describes any situation where one strikes or injures someone physically. The
verb “batacha” (بطش) means to “physically
harm”, “strike”, “hold forcibly” (see 28:19, 44:16). The word “batch” (بَطۡش) often means “punishment” like in 85:12.
☞ 26:130 shows the difference between disbelievers who strike
or punish mercilessly and believers who have a heart and truly understand the
meaning of Mercy. When it comes to the punishment for zinâ, believers will
evaluate the situation and apply a measured sentence. A person who applies the
punishment for zinâ has to decide whether he is on the side of disbelievers who
strike mercilessly or on the side of believers who follow the letter and the
spirit of the Word of God and whose hearts are filled with compassion.
6. Fornication/adultery is a
catastrophic sin: Can it be forgiven?
We are going to see in this section
that if Quranic law is indeed tough, Islam is all about forgiveness; in the
end, what matters most is our ability to keep faith in God's mercy no matter
what kind of sin we may commit and demonstrate our ability to undergo a
complete transformation of our lives.
Whether someone is married or not,
zinâ is absolutely catastrophic because in addition to having lost irreparably
your chastity for the rest of your life, a Muslim has only two options left
when it comes to marriage (24:3):
- The first is to marry a
polytheist. If a person chooses this option, he or she is clearly no longer a
Muslim, because a Muslim cannot possibly marry a non believer or a polytheist.
One exception may be that the person who is a polytheist or non believer has
the intention to embrace Islam; in that case, a great sin could be partially
alleviated by God’s mercy.
- The second option is that of two
people who committed the sin of zinâ (together or separately) and who wish to
get married. They obviously can be forgiven by God and the Muslim community if
they repent and uphold God’s commandments, and therefore stay within the realm
of Islam.
On the other hand, the law decreed
in 24:3 shows that it is forbidden for a Muslim who never committed the sin of
zinâ to ever marry a Muslim who committed it. The fornicator or adulterer is
therefore never considered at the same level as others for the rest of his or
her life when it comes to marital law. It shows that it is such a grievous sin
that it is almost as if you banned yourself from the Islamic religion.
If one spouse commits adultery, it
implies automatically the dissolution of any existing marriage(s). There is no
possible forgiveness, because the adulterer husband or wife becomes forbidden
for the other spouse who kept his or her chastity. The only possible
forgiveness would be if an extra marital affair did not involve any sexual
relationship of some kind.
A Muslim who is not married and is
guilty of fornication and sincerely did not know that the punishment described
in the Quran (100 lashes) also applies to unmarried people can be forgiven in
my opinion, and spared from the sentence, if he or she repents and never
commits again such a sin. At the time this article is written, there are lots
of Muslims in the world who do not know Quranic laws; it is then unjust to
condemn someone who did not realize the gravity of what he was committing. It
would then seem logical that he or she would then have to marry a person who
would have been in the same situation (possibly the one with whom zinâ
occurred), and would not have understood the full repercussions of committing
zinâ.
God's law is tough and there are
many reasons for that, but the truth is that God's mercy is infinite as long as
we keep faith; Muslims who fell in sin - no matter what kind of sin - shall
never despair of God's mercy as long as they completely submit to God, repent
and purify themselves:
(39:53) Proclaim: “O my servants who
exceeded the limits to the detriment of their souls, never despair of God’s
mercy.” In truth, God forgives all sins. In truth, He is the one who forgives,
The Merciful. (39:54) And come back to your Lord [in repentance], and submit to
Him, before the retribution catches up with you; [meditate on the fact that] no
recourse is possible afterwards.
(25:68) Those who do not invoke any
other god beside God, nor kill any other soul - for God has made life sacred,
except in the course of justice - nor commit zinâ (adultery/fornication);
anyone who commits these [sins] will face a penalty. (25:68) The punishment
will be doubled for him on the Day of Resurrection, and he will permanently be
confined therein, disgraced, (25:70) Except whoever repented, believed and
accomplished righteous deeds (before death came to him or her). For them, God
will substitute their evil deeds with good deeds. God is Oft Forgiving, Most
Merciful. (25:71) And whoever repents and accomplished good deeds, then verily,
is the one who repents towards God with true repentance.
Glory to God for his infinite mercy
! Let us note that whoever would have committed such sins should particularly
make sure not just to repent and believe in God, but to accomplish plenty of
good deeds in his life to atone for his or her sins.
A person who converts to Islam
starts a new life and becomes a chaste person, no matter what his or her past
may have been. Restrictions regarding past fornication or adultery are not
applicable, and they have to be conscious and informed if possible before they
embrace Islam of the laws they will have to follow for the rest of their lives.
(46:31) O our people, answer to the
one who calls [you] towards God and believe in Him. He [God] will forgive you
some of your sins and will protect you against a painful retribution.
7. Accusing a person of
fornication/adultery: 4 witnesses required; what is the punishment if proofs
are missing.
24:4 states that four witnesses are
required to convict someone of adultery.
Wrongfully accusing anyone of
adultery or fornication is a sin almost as catastrophic as zinâ, because it is
equivalent to 80% of the sin itself (80 lashes instead of 100). If a person
witnessed a case of zinâ but cannot produce four witnesses regarding what he
believes - which is almost impossible unless they were caught on tape (and even
then people have to be very careful that a sexual relationship was actually
involved) - the witness has to keep from making public accusations because
repercussions can be catastrophic. There are profound reasons why three eye witnesses
are not sufficient to accuse someone of fornication/adultery. God is Most Wise.
The evolution of science greatly
helps proving a case of zinâ since we can identify someone by analyzing his
sperm, or determine paternity with DNA testing. Four reliable experts can
testify about paternity or the origin of the sperm that was found with a woman
following an illicit relationship. Anyone – it would have to be a physical
person and not a legal entity – who would have made such an accusation had
better be right and have at least four witnesses because he or she would
otherwise incur a punishment of 80 lashes.
We saw in 24:2-10 that Muslims who
committed the sin of zinâ do not have the same rights as other Muslims when it
comes to marriage. Similarly, people who wrongfully accuse lose the right to
serve as witnesses for the rest of their lives (24:4), unless they repent and
have any valid reason to be forgiven by the community.
The four witnesses required to prove
zinâ have to be reliable witnesses, that is to say Muslims in the Quranic
context, as we can refer to 5:106 where two witnesses are required for an oral
will: they have to be Muslims because they have to bear witness after having
observed Salaat.
On the other hand, someone who would
have simply mentioned without any malice to his private entourage having
witnessed an extra marital affair should not be sentenced to 80 lashes as long
as no public accusation or formal accusation before a court of justice has been
made. Having an extra marital affair is a grievous sin but does not necessarily
mean that zinâ has been committed.
8. Are non Muslim communities
subject to Quranic law in an Islamic society?
(5:42) They listen to falsehood and
are addicted to illicit gains. Therefore, if they come to you, [either] judge
between them or turn away from them. And if you turn away from them, they will
never be able to cause you any harm; but if you judge, then judge between them
with equity. In truth, God loves those who are equitable. (5:43) But how can
they ask you to be their judge when they are in possession of the Torah which
contains God’s judgment?! Regardless, they divert after this [from the right
path]; they are not [to be counted] among t he believers. (5:44) In truth, we
have revealed the Torah which contains guidance, as well as light. Prophets who
submitted to God have pronounced [their] judgment in accordance with it towards
those who are part of the Jewish faith, and so did the rabbis and doctors [of
law] whom were entrusted with the book of God and were witness thereof.
Therefore, do not fear people: Fear Me! And do not trade [the teachings
embedded in] My verses for a cheap price. As for whoever does not judge in
accordance with what God has revealed: They are indeed the ones who disbelieve!
(5:45) And we decreed to their intention: A soul for a soul, an eye for an eye,
a nose for a nose, a tooth for a tooth; injuries are met with an equal
retaliation. But whoever forgives out of charity, will be granted remittance
[of his sins]. And whoever does not judge in accordance with what God has
revealed, are indeed the unjust! (5:46) And we sent Jesus, son of Mary, [to
walk] in their footsteps, and confirm what he had inherited (lit.” and confirm
what was between his hands”) of the Torah, and we gave him the Gospel, which
contains guidance and light, confirming what he had inherited (inherited: lit.
“in his hands”) from the Torah, as well as guidance and admonition for those
who seek refuge in piety. (5:47) And let the people of the Gospel judge through
which God has revealed therein. And whoever does not judge through which God
has revealed, are indeed disobedient [people]. (5:48) In truth, we have
revealed to you [O Muhammad] the book, confirming the book before the one you
inherited (lit. “in your hands”) and superseding it. Therefore judge between
them in accordance with what God has revealed, and do not fall [under the
influence] of their vain desires, now that the truth has come to you. For each
of you, we have prescribed a law and a way of life; If God had so willed, He
would have made you one and the same community, but He puts you to the test
through what He gave you; Therefore, compete in [matters of] righteousness; All
of you will be gathered unto God, and He will inform you regarding your
disputes.
An Islamic society is based on God’s
law, that is to say the Quran alone. The above verses allow Jews and Christians
in a Muslim society to have their own courts of justice based on the Bible. Non
monotheistic religions or the ones that are not based on the Bible or the Quran
alone are considered not to have inherited God’s law, and are not eligible to
have their own justice system. They are therefore subject to the Quranic law in
a Muslim society. If Jewish or Christians ask for assistance because they cannot
resolve their differences, verse 5:48 states that it is the Quranic law alone
that prevails.
Muslims have to respect the justice
system in place in a non Muslim country if they wish to live there, and not
attempt to impose the Quranic law if it is not acknowledged by the majority of
the population, or if they are not given the authorization to implement their
own justice system. They have to stand for their rights peacefully if they are
persecuted, and never resort to violence unless someone is trying to force them
to embrace another religion or if the persecution becomes intolerable. Some
laws like 100 lashes in case of fornication/adultery should not be enforced in
a non Muslim society, unless the Muslim community is given the right to. If a
non Muslim country allows Muslims to have their own justice system, it is
obvious it would only apply to Muslims.
If Muslims respect the laws in a non
Muslim society, non Muslims have to respect Islamic laws in a Muslim society.
It is a matter of common sense and reciprocity.
9. Homosexuality
Homosexuality is not only forbidden
in the Quran, God proclaims it is an absolute abomination (26:165-166). Two
persons involved in a homosexual relationship and found guilty of having some
kind of sexual relationship, incur the same sentence (100 lashes) as for a man
and a woman, simply because it is fornication. By equivalence of 4:15-16, the
punishment can be doubled with imprisonment or being assigned to residence (to
isolate them from the rest of society) if they do not repent and restrain
themselves from any homosexual behavior. People may believe that homosexuality
is much worse than zinâ between a man and a woman and should deserve a more
severe punishment (and it is, even though fornication between a man and a woman
is already a catastrophic sin), but the Quran does not outline any other
sentence than 100 lashes for fornication. Therefore it is the only punishment.
People who leave this world while guilty of homosexuality and did not reform
are not going to go to paradise and will suffer horrendously in the afterlife;
why try to put an extra burden on them and corrupt Islam and ourselves
inventing laws that are not even mentioned in the Quran? They are simply
treated just like any human being in a Muslim society, neither better, nor
worse. Islam is not here to destroy them or persecute them but to help them, as
this life is our last chance to reform before the Day of Judgment. You do not
help people when you claim that a destructive behavior is fine when it is in
reality leading them to hell, you drown them and you drown the society at
large. Islam is about telling the blunt truth, it is about saving people, not
try to be "politically correct".
10. Rape
Rape implies by definition the act
of fornication, therefore the punishment for the rapist is 100 lashes. It is
the only case lashes have to be severe (unlike for a consensual act of
fornication) since the rapist resorted to violence. The rapist has to be
imprisoned until death by equivalence with the law decreed in verse 4:15-16
(which deals with cases of immorality that present a danger for society), and
given the fact that a rapist presents a permanent danger for society.
If a rape was coupled with murder,
or if we are dealing with a serial rapist, the death sentence or other types of
sentence can be applicable by equivalence with the following verse:
(5:33) The only recompense for those
who fight God and His messenger and do everything in their power to spread
corruption on earth is (1) that they be put to death, (2) or for them to be
crucified, (3) or for their hands and feet to be severed on opposite sides, or
(4) for them to be banished from the land. This will be their humiliation in
this world and in the Hereafter they will have a grievous punishment.
We see that even for serial crimes
(5:33 implies repeated crimes), the death sentence is not necessarily
automatically applicable, and that the Quran allows a variety of sentences, one
of which could be more appropriate for a specific type of crime, depending on
the gravity of the crime, its circumstances, and the choice of the close
family(ies) that has been victimized that will decide either in favor of the
death penalty or a financial settlement (2:178). When it comes to serial crimes
of an exceptional gravity, if the family does not choose the death penalty, it
seems logical that a financial settlement will be coupled with alternative
sentences as defined in 5:33 (cutting one hand and one foot on opposite sides,
or banishment for life). It is a matter of common sense. 5:33 englobes many
possible cases; a banishment could be justified for example if there is an
exchange of prisoners of war. Death penalty or not, nothing can ever come close
to the retribution of hell.
Conclusion:
The Quran is clear that the
punishment for fornication/adultery is applicable whether someone is married or
not.
The Quran is clear that the sentence
is 100 lashes. Any person who applies the punishment must fear God and reject
the example of the disbelievers who apply punishments mercilessly. If the
punishment is substantial, it is only superficial. The sentence that is
witnessed by a group of believers and the prohibition for life for a fornicator
or adulterer to ever marry a chaste believer are by far the most substantial
punishments. There is no imprisonment or assignment to residence if a person
repents and reforms, unless it becomes a repeated offense that presents a
danger to society.
The Quran is clear that since a
married woman who was a slave before her marriage can only receive half the
punishment of a free person, it incontrovertibly exposes the satanic law of
stoning since it is strictly impossible to divide death by two.
The Quran is clear that a person who
was found guilty of zinâ (married or not) can afterwards marry a polytheist or
a fornicator/adulterer. No one can be stoned to death and get married
afterwards.
The Quran is clear that stoning is
the signature mark of idol worshipers who supersede God’s law with satan’s law.
The Quran is clear that killing a
person voluntarily and unjustly (for example stoning the adulterer) has nothing
to do with Quranic justice (God’s law). Anyone who is guilty or responsible of
such a horrible crime becomes subject to the death penalty.
Only blind, faithless, and heartless
people will refuse to see the light after this and continue to promote satan’s
law instead of God’s law. How can anyone claim that stoning to death is God’s
law when the Quran destroys such a pagan law in such an incontrovertible
manner?!
The law to punish zinâ may seem
harsh for people who grew up in western countries. God’s law is always the
perfect law, and an Islamic society (based on the Quran alone by definition) is
here to protect everyone and the society at large against satan whose goal is
to destroy the human race (4:119).
Such a law is both harsh and
merciful because a balanced society cannot allow moral corruption, children to
be born out of wedlock, families to be destroyed, and diseases to spread and
even kill people, as it happens in so many corrupted societies.
Islam is the perfect way of life and
shield to protect believers who wish to be pure from the bottom of their hearts
and live in perfect submission to God. It is a society which prohibits evil and
vice in general. Islam is not a weak society that allows satan to spread his
poison. Islam is designed to destroy satan. It forbids fornication, adultery,
prostitution, homosexuality, pornography, drugs, gambling, violence, theft, etc
... On the other hand, Islam strives to spread peace, purity, honesty, charity,
chastity, faithfulness in households and in all fields of life. It promotes
pure and strong marriages which foundation relies on the Word of God, and where
both spouses love and respect each other. It allows children to grow in a pure
environment with a father and a mother ready to prepare them to become the
beautiful seed of the next generation which will God willing preserve and
spread further the establishment of God’s kingdom on Earth.
Islam is not a "free",
permissive society when it comes to allow people to corrupt themselves and
spread corruption around them. It does not let people become trapped by their
own sins and end up in hell without first receiving warnings in the form of serious
punishments.
In reality, Islam is a society that
is designed to set people free because it keeps believers away from corruption,
and it prevents them from becoming satan’s slaves. It provides them the
foundation, real freedom and peace of mind in their every day lives to enjoy
purity and happiness in this world and the hereafter.
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