"The ]Unmarried[ woman or ]unmarried[ man found guilty of sexual
intercourse— lash each one of them with a hundred lashes, and do not
be taken by pity for them in the religion ]i.e. law[ of Allaah, if you
should believe in Allaah and the Last Day. And let a group of the
believers witness their punishment. The fornicator does not marry
except a ]female[ fornicator or polytheist, and none marries her
except a fornicator or a polytheist, and that ]i.e. marriage to such
persons[ has been made unlawful to the believers. And those who accuse
chaste women )of adultery( and then do not produce four witnesses —
lash them with eighty lashes and do not accept from them testimony
ever after. And those are the defiantly disobedient. Except for those
who repent thereafter and reform, for indeed Allaah is Forgiving and
Merciful."]Quran 24: 2-5[
Islamic law )Sharee'ah( prescribes a very heavy penalty for adultery.
However, Islam does not legislate such a penalty without first putting
in place sufficient legislation that protects people against falling
in sin. It also ensures that the punishment is not enforced except in
cases where there is certainty about the offence and its perpetrators.
Islam is a complete code of living that is not based on punishment.
Its basis is to provide all that promotes a clean and morally pure
life. If some individuals then abandon such a clean and easy life in
order to deliberately submerge themselves into filth, they incur such
heavy penalty.
In the case of adultery, Islam requires four witnesses to testify that
they have seen the offence, or else, a clear and confirmed confession
by the perpetrators.
It may be suggested, then, that the punishment is unreal and
unenforceable, which renders it ineffective as a deterrent. Punishment
is not the basis of the Islamic approach; its basis is prevention,
education and cultivating people's finer feelings and consciences so
that they refrain from even contemplating this offence.
Imaam Maaliknarrated that a man confessed to fornication in the time
of the Messenger of Allaah. The Messenger of Allaahcalled for a whip,
and he was brought a broken whip. Hesaid:"Above this,"and he was
brought a new whip whose knots had not been cut yet. Hesaid:"Below
this,"and hewas brought a whip which had been used and made flexible.
The Messenger of Allaahgave the order and he was flogged. Then
hesaid:"O people! Observe the limits of Allaah. Whoever has committed
any of these ugly things )adultery or fornication( should cover them
up with the veil of Allaah. Whoever reveals to us his wrong action, we
shall perform what is in the Book of Allaah against him )i.e. the
prescribed penalty(."]Maalik[
Prescribing a very harsh punishment for adultery is not sufficient, on
its own, to protect the Muslim community and ensure the purity of its
atmosphere. Therefore, a supplementary order is given to isolate the
adulterers from the rest of the Muslim community. It goes further to
remove the air of the offence from the Muslim community, prescribing a
heavy punishment for those who accuse chaste women of adultery without
providing firm evidence in support of their accusation. Allaah
Almighty Says in the Quran )what means(:
"And those who accuse chaste women of adultery and then do not produce
four witnesses — lash them with eighty lashes and do not accept from
them testimony ever after. And those are the defiantly disobedient.
Except for those who repent thereafter and reform, for indeed Allaah
is Forgiving and Merciful"."]Quran 24: 2-5[
Allowing people to accuse chaste women, whether married or not,
without a clear proof means that people could always make up such
accusation, fearing no repercussion. This means that the Muslim
community finds itself with a stained reputation. Every individual is
threatened with false accusation. Every man suspects his wife, and
every wife suspects her husband, and people doubt their legitimacy. In
such an intolerable state of doubt and suspicion, every family is
undermined. Moreover, when such accusations are frequently made, those
who steer themselves away from adultery will begin to think that the
crime is common in society. Thus, people begin to think about adultery
in a different spirit, with its ghastly nature sounding less ghastly
as a result of its frequent mention. Those who would not have
contemplated it at all may begin to think of doing so, feeling that
many others are doing it.
Thus, in order to protect people's honor and their suffering from
suspicion as a result of uncorroborated accusations, the Quran
prescribes for false accusation a punishment that comes close to that
of adultery. The punishment is flogging with 80 stripes, rejecting
their testimony in any case or situation, and giving them the label of
transgressors. The first part of the punishment is physical, while the
second is moral. It is sufficient that the accuser is deprived of the
right to testify, and considered deceitful. The third part of the
punishment is a religious one. The one guilty of false accusation is
following a line that deviates from that of faith. The only way to
protect himself from such punishments is that the accuser should
provide four witnesses who have seen the offence being committed, or
three alongside him if he himself has seen it.
It is agreed upon by Muslim scholars that for adultery )or
fornication( case to be authentically proven, four witnesses must
simultaneously see, by their own eyes, the man's sexual organ inserted
in the woman's sexual organ. Only when these four witnesses give such
testimony is the accusation proved and the punishment of adultery )or
fornication( is enforced on the perpetrators.
Such restrictions are set forth by Sharee'ah in order to limit to the
least minimum the possibility of falsely accusing chaste women of
adultery )or fornication(, which leads to social and psychological
troubles for the accused women. Even when such a sin –adultery )or
fornication( - is committed, such restrictions laid by Sharee'ah will
guarantee the suppression of the crime and prevents its spread among
the people, which contaminates the morally pure Muslim community.
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