Accusing chaste women of adultery

Allaah Almighty Says in the Noble Quran (what means):
"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. marriageto 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 toprovide all that promotesa 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
andunenforceable, which renders it ineffective as adeterrent.
Punishment is not the basis of the Islamic approach; its basis is
prevention, education and cultivatingpeople'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 brokenwhip. Hesaid:"Above this,"and he was
broughta 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 hewas 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 hiswrong 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, asupplementary 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
aheavy 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 indeedAllaah 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 doubtand 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 isphysical, while the
second is moral. It is sufficient that the accuser is deprived of
theright 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 suchpunishments 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 givesuch
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 morallypure Muslim community.

Islam's position on homosexuality

Homosexuality and lesbianism have been dubbed 'alternative
life-styles', 'personal preference', 'natural variation', etc. In the
West today, where homosexuality was once considered an illness by the
Association of Psychiatrists, it has now been removed from the list
and replaced by homophobia (the dislike of homosexuals and
homosexuality). Consequently, Islam and Muslims are considered
intolerant and biased due to their continued opposition. Arguments
infavour of tolerance towards homosexuals arebased on the assumption
that homosexual behaviour is biologically based and not merely learned
from society.
1. Early opposition to homosexuality was basedon the argument
that such behaviour was unnatural. Sodomy cannot produce children,
which is one of the main natural consequences of sexual relations.
'Mother Nature' did not make us that way, it was argued. To counter
such arguments, homosexual researchers scoured the earth until they
found supposed homosexual behaviour among the animal kingdom. They
found that the males of some species of exotic fishes off the coast
ofJapanimitated the behaviour of females of the species in order to
prevent other males fromimpregnating their mates, and some rare
butterflies from islands off the coast ofAfricaalsohad males
exhibiting female behaviour during mating season, etc. However, if the
animal kingdom is to be used to justify human behaviour, there also
exists a spider inSouth Americawhose female is much larger than the
male. When mating is complete, the female eats her mate.
2. During the 1980's it was claimed that a gland in the base of
the brain which is small in women and large in men was found to be
small among homosexuals. However, this evidence, while seeming
incontrovertibleto the layman, was immediately refuted by scientists.
The data was taken from cross-sectionsof the brains of dead adult
humans whose sexual preference was identified prior to death.
Consequently, the reduced size of that gland among homosexuals could
have been a result of the practice and not its cause. That is, they
could have been born with normal-sized glands which then became
smalldue to their deviant lifestyle.
3. Recently, genetics has become the most commonly used
foundation for the pro-gay argument. In 1993 Dr. Dean Hamer, a
researcher at the National Cancer Institute, claimed to have
discovered 'the first concrete evidence that 'gay genes' really do
exist.' Homosexual orientation was supposedly transmitted to males on
the X chromosome from the mother. Hamer's findings,published in the
prestigious journal 'Science', transformed hiscolourless career as a
government scientist intoa dynamic media personality and he penned his
memoirs. He gave expert testimony to the Colorado Supreme Court that
formed the basis of the victorious decision striking down anti-gay
propositions. However, a replication ofhis study at
theUniversityofWestern Ontariofailed to find any linkage whatsoever
between the X chromosome and sexual orientation. It wasalso found that
Hamer's study lacked a control group; a fundamental principle of
scientific research.
Furthermore, in June 1994, the Chicago Tribune reported that a junior
researcher in Hamer's laboratory who assisted in the gene mapping in
the homosexuality study, alleged that he selectively reported his
data. She was then summarily dismissed from her post-doctoral
fellowship in Hamer's lab.But a National Institute ofHealth
investigation substantiated her claims and gave her another position
in a different lab. Though Dr. Hamer was coy about his own sexuality
in his memoirs, he later admitted in his lectures that he was gay.
4. It should be noted that Islam, in its final form, did not
introduce anti-gay legislature to the world. The texts of the Torah
are replete with clear condemnations of such practices.
5. The consequence of AIDS is enough to prove that homosexuality
is eviland dangerous to society. The early spread of AIDS was
concentratedamong the homosexual community. It later spread to the
heterosexual and the so-called bisexual community through blood
transfusions and intravenous drug usage. Its spread continues on a
rampage among promiscuous heterosexuals.
6. Islam considers homosexuality to be the result of a choice. It
is inconceivable that God made people homosexuals then declared it a
crime and prescribed punishments for it in both this life and the
next. To accept such aproposition is to accept that God is unjust.
Inclinations can exist within humans for a variety of natural and
unnatural acts, from fornication to rape and from necrophilia to
bestiality. These inclinations may come from jinn-suggestions, media
influence, or even from human whisperingsor direct contact. Sodomywas
common among the people of Prophet Loot (Lot)who lived in Sodom,
Palestine; after they had rejected his advice to give up this
evilpractice, Allaah Almighty crushed and then annihilated their city.
TheQuran describes that punishment in the verse which means:"So when
Our commandment came, We made the highest part [of the city] its
lowest and rained upon them stones of hard clay in succession."[Quran:
11:82]
Human beings are not like robots who only do what they are programmed
to. Humans choose and God holds them responsible for their choices.
Were homosexuality a product of genetic destiny, it would be unfair
for God to criminalise it and punish those who practice it. Currently,
some scientists are even claiming that murder is of genetic origin. To
accept that would mean to excuse murderers and tolerate murder.
7. Islam instructs parents to separate their children in their
beds by the age of ten in order toavoid sexual experiences which may
result from childhood experimentation. Such experiences may be
reinforced by contacts in schools and through abuse from adults. Also,
the distinctions between male and female are strongly made in Islamic
teachings.
Prophet Muhammadcursed men who imitate women and women who imitate
men. Abu Hurayrah, may Allah be pleased with him, said: "The Messenger
of Allaahcursed the man who wears women's clothes and the woman who
wears men's clothes." [Abu Dawood & Ibn Maajah]

The Prayer of seeking Allaah's Guidance (Salaat Al-Istikhaarah)

The Prophetwas keen to teach the believers theDu'aa' (supplication)
forIstikhaarah (seeking Allaah's guidance). Jaabirnarrated: "The
Prophetwould instruct us to pray for guidance in all of our concerns,
just as he would teach us a chapter from the Quran. Hewould say:"If
any of you intends to undertake a matter, then let him pray two
supererogatory Ra'kahs (units of prayer) after which he should
supplicate: "Allaahumma innee astakheeruka bi'ilmika wa astaqdiruka bi
qudratika wa asáluka min fadhlikal-'Atheem, fa innaka taqdiru wa laa
aqdir, wa ta'lamu wa laa a'lam, wa anta 'allaamul-Ghuyoob. Allaahumma
in kunta ta'lam inna– and here hementions his need – khayrun lee fee
deenee wa dunyay wa 'aaqibatu amree wa 'aajilihi wa aajilihi faqdurhu
lee wa yassirhu lee thumma baarik lee feeh, wa in kunta ta'lam inna
haatha al-Amra sharrun lee fee deenee wa dunyay wa 'aaqibatu amree wa
'aajilihi wa aajilihi fasrifhu 'annee wasrifnee 'anhu waqdur lee
al-Khayru haythu kaan thumma radh-Dhinee bih" (O Allaah! I seek Your
counsel by Your knowledge and by Your power I seek strength and I ask
You from Your immense favour, for indeed You are able while I am not
and indeed You know while I do not and You are the Knower of the
unseen. O Allaah! IfYou know this affair – and here he mentions his
need – to be good for me in relation to my religion, my life, and end,
then decree and facilitate it for me, and bless me with it; and if You
know this affair to be ill for me towards my religion, my life, and
end, then remove it from me and remove me from it, and decree for me
what is good wherever it be and make me satisfied with
such.)"[Al-Bukhaari]
The Benefits and Rulings of Istikhaarah:
1. This Hadeeth tells us the precise words with which to invoke Allaah
for guidance. There is, therefore, absolutely no doubt left about how
to seek guidance.
2. It is recommended to perform a two-Rak'ah prayer before the
Istikhaarah Du'aa' (supplication) is recited. Imaam Ibn Abu Jamrahwho
was one of the early scholars, stated: "The wisdom behind the
performance of the two-Rak'ah prayer before supplicating lies in the
fact that the purpose of Istikhaarah is to achieve success, both in
this life and in the Hereafter. For this purpose, the servant needs to
knock at the door of the King (i.e., Allaah) and nothing is better and
more effectivein this regard than praying to and glorifyingAllaah and
showing one'sneed for His bounty and constant assistance."
3- The believer should then praise Allaah Almighty as He deserves to
be praised, for Allaah loves that His servants do this.
4- An important rule for any Du'aa' is that one should ask Allaah by
His sublime Attributes; he should select that attribute which reflects
Allaah's power and ability to do the thing being asked of Him; one
should therefore supplicate by saying, for example: 'O Razzaaq (i.e.,
Provider)! Sustain me."
5- As with every Du'aa', the supplicant should have humility before
His Lord. The slave recognises that Allaah alone can do everything and
that there is no strength or power exceptHis, and that he is utterly
helpless without His Lord's help.
6- The Prophetwould teach his companions to begin their supplications
by asking Allaah for benefit and safety in their religion, for indeed
nothing is more precious than that and no calamityworse than its loss.
7- The Companionswere extremely diligent in performing Istikhaarah.
The Prophetwould teach his companionsto pray for guidance in all of
their concerns, just as he would teach them a chapter from the Quran.
Imaam Ibn Hajarstated that this shows thegreat importance of
consulting Allaah through supplication because it was mentioned here,
in the same breath, with the importance and necessityof reciting the
Quran in prayer.
What matters should Istikhaarah be performedfor?
The Hadeeth states that we should consult Allaah about all matters.
Imaam Ibn Abu Jamrahstated: "This is a general statement pertaining to
something specific. Istikhaarah should not beabout things understood
to be an obligation, nor about things that are known to be Haraam
(forbidden). For example,Salaat, (Prayer), is compulsory and so we
should not ask Allaah whether to perform it or not; when Allaah and
His Messengerhave made something clear to us we must accept it
completely."
Allaah confirms this by saying (what means):"It is not for a believing
man or a believing woman, when Allaah and His Messenger have decided
amatter, that they should [thereafter] have any choice about their
affair."[Quran 33:36]
This tells us that before we act, we should find out the Islamic
position regarding it and then comply accordingly. Istikhaarah is
performed for matters where we have a choice, (such as marrying a
particular person, buying a car, etc…) regardless of whether they are
small orbig matters or whether one finds them to be good or not. Yet
some people only resort to Istikhaarah when they are confused about a
matter; if they see good in it, they proceed, relying on their own
judgement, thus forgetting the Sunnah.
What does one do after performing Istikhaarah?
Once the Muslim has consulted his Creator about a particular
matterthrough Istikhaarah, he should proceed to undertake what he is
content with, relying on Allaah to achieve his purpose, fully
convinced that whatever Allaah wills happens, and whatever He does not
will, never happens.
It is not a condition that after Istikhaarah has been made, one should
expect a dream relating to something unusual happening, even though
Allaah may choose to make such things occur. Therefore, Istikhaarah
is, in essence, a form of faith-education, after which the Muslim
should proceed to undertake a matter with full confidence of his
success,having consulted his Creator in whom he has full confidence
and trust.
Thereafter, even if he faces difficulties, he never loses faith in the
wisdom of Allaah, because as a Muslim he does not see success merely
in worldly terms, for he is more concerned with the rewards and
blessings of the Hereafter. Part of his faith is the belief that
calamities may be of benefit to him in the sense that Allaah
forgiveshis sins if he is patient through them. When the believer
reaches this levelof understanding of Istikhaarah and the results it
brings about, his satisfaction will be great, as will be his
contentment and perseverance, Allaah willing, since he fully believes,
having consulted his Creator, that whatever the situation is, it is
his Lord'schosen one.
This increases his faith and he will never feel regret for anything he
misses in life, nor will he indulge in the use of the expression: "If
only this or that happened…" This level of understanding is
subsequently reflected in his personality to such anextent that he
will alwaysappear firm and self confident.
These etiquettes are derived from the aforementioned Hadeeth, which
many Muslims have unfortunately turned their backs to in lethargy and
absent mindedness.

Ruling on lifting the gaze to heaven when offering supplication (du‘aa’) following the prayer.

What is the ruling on looking to the sky whenoffering supplication
(du'aa') following the obligatory prayer?
Praise be to Allah.
Du'aa' after the obligatory prayer, if it is always done raising the
hands, or is recited by everyone in unison, or the imam says du'aa'
and the people behind him say Ameen, is something for which there is
no basis, and it comes under the heading of innovations (bid'ah) that
are widespread nowadays. If it is free of these things, then there is
nothing wrong with it, because it is proven that the Prophet
(blessings and peace of Allah be upon him) offered du'aa' before the
salaamat the end of the prayer and after it.
The scholars of the Standing Committee for Issuing Fatwas were asked:
Is offering du'aa' after the obligatory prayer Sunnah? Should the
du'aa' be accompanied by raising the hands? Is raising the hands with
the imam better, or not?
They replied:
Du'aa' after the obligatory prayer is not Sunnah if that is done
raising the hands, whether that is done by the imam on his own, or the
individual worshipper on his own, or by both of them. Rather it is an
innovation (bid'ah), because that is not reported from the Prophet
(blessings and peace of Allah be upon him) or from any of his
Companions (may Allah be pleased with them). As for offering du'aa'
without that, there is nothing wrong with it, because there are some
hadeeths that speak of that. End quote.
Fataawa al-Lajnah ad-Daa'imah (7/103)
They also said: Saying du'aa' out loud following the five daily
prayers and the regular Sunnah prayers, or offering du'aa' in a
communal fashion on a regular basis is a reprehensible innovation,
because no such thing is proven in reports from the Prophet(blessings
and peace of Allah be upon him) or from his Companions (may Allah be
pleased with them).
End quote from Fataawa Islamiyyah (1/319).
See also the answer to question no. 26279
Secondly:
Concerning the prohibition on the worshipper lifting his gaze to
heaven, there is the report that was narrated by al-Bukhaari (750)
from Anas ibn Maalik (may Allah be pleased with him), who said: The
Prophet (blessings and peace of Allah be upon him) said: "What is the
matter withpeople who lift their gaze to heaven whilst praying?" And
he spoke sternly concerning that, until he said: "They should stop
that, or else their eyesight will be snatched away"
The reason for that is that lifting the gaze whilst praying is
contrary to proper focus (khushoo'), and it exposes the worshipper to
the risk of being distracted by what he sees.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him)
said:Because lifting the gaze to heaven is contrary to proper focus
(khushoo'),the Prophet (blessings and peace of Allah be upon him)
stated that it is haraam and warned against it.
End quote from al-Qawaa'id an-Nooraaniyyah, p. 46
Shaykh Ibn 'Uthaymeen (may Allah have mercy upon him) said: The words
"and lifting his gaze to heaven" mean it is makrooh (disliked) to lift
one's gaze to heaven whilst praying, whether that is when one is
reciting, or when one is bowing, or when one is rising from bowing, or
at any stage in the prayer, based on both evidence and reasoning.With
regard to the evidence, that is becausethe Prophet (blessings and
peace of Allah be upon him) said: "People should stop lifting their
gaze to heaven whilst praying, or else their eyesight will be snatched
away." In otherwords, either they should stop or this punishment will
be inflicted on them, which is that their eyesight willbe snatched
away, and will not be given back tothem. The Prophet (blessings and
peace of Allah be upon him) spoke sternly concerningthis matter. …
With regard to reasoning, that is because this reflects bad etiquette
towards Allah, may He beexalted, because the worshipper is standing
before Allah, so he should observe proper etiquette before Him, and
not lift his head; rather he should be humble. Hence 'Amr ibn al-'Aas
(may Allah be pleased with him) said that before he became Muslim, he
hated the Prophet (blessings and peace of Allah be upon him) so much
that he wished that he could be able to kill him. But when he became
Muslim, he said: I could not look directly at him, out of awe and
respect for him, and if you askedme to describe him I would not be
able to.
Hence the most correct (scholarly) view concerning lifting the gaze to
heaven whilst praying is that it is haraam, and not merely makrooh.
End quote.
Ash-Sharh al-Mumti' (3/226).
With regard to lifting the gaze to heaven outside of prayer, there is
nothing wrong with it,because there is no evidence to suggest that it
is not allowed; rather some of the fuqaha' were of the view that
lifting the gaze is preferable.
It says in al-Mawsoo'ah al-Fiqhiyyah (8/99): The Shaafa'is stated that
when offering du'aa' (supplication) outside of prayer, it is
preferable tolift the gaze to heaven. However, al-Ghazaali said: The
one who is offering supplication should not lift his gaze to heaven.
End quote.
An-Nawawi (may Allah have mercy on him) said in Sharh Muslim: al-Qaadi
'Iyaad said: They (the scholars) differed as to whether it is makrooh
to lift the gaze to heaven when offering du'aa' other than during the
prayer. Shurayh and others regarded it as makrooh, but the majority
regarded it as permissible. End quote.
Shaykh al-Islam Ibn Taymiyah said: It is not makrooh to lift the gaze
to heaven when offeringdu'aa', because the Prophet (blessings and
peace of Allah be upon him) did that. This is the view of Maalik and
ash-Shaafa'i. But it is notmustahabb. End quote.
Al-Fataawa al-Kubra (5/338)
Al-Bukhaari (may Allah have mercy on him) included a chapter in
hisSaheeh entitled: Chapter on lifting the gaze to heaven, and he
quoted the verse in which Allah, may He be exalted, says
(interpretation of the meaning): "Do they not look at the camels, how
they are created? And at the heaven, how it is raised?" [al-Ghaashiyah
88: 17, 18]. And 'Aa'ishah(may Allah be pleased with her) said: The
Prophet (blessings and peace of Allah be upon him) lifted his head
(andlooked) to heaven, i.e., when he died (blessings and peace of
Allah be upon him).
What al-Bukhaari (may Allah have mercy on him) meant here was to show
that it is permissible to lift the gaze to heaven, and thatthe
prohibition applies only to when one is praying. The fact that it is
permissible to lift the gaze to heaven when offering du'aa' outside of
prayer is indicated by the report was narrated by Muslim (2055) about
al-Miqdaad (may Allah be pleased with him) who drank the drink of the
Prophet (blessings and peace of Allah be upon him) without his
knowledge. In this report it says: then he went to the mosque and
prayed. Then he came tohis drink and uncovered it, and he did not find
anything in it. He lookedup at the sky and I said: Now he is praying
against me and I am doomed. But he said: "O Allah, feed those who have
fed me and give drink to those who have given me to drink."
Abu Dawood (3488) narrated that Ibn 'Abbaas (may Allah be pleased with
him) said: I saw the Messenger of Allah (blessings and peace of Allah
be upon him) sitting by the Corner. He looked up at the sky and
smiled, then he said: "May Allaah curse the Jews" three times.
"Allaah, may He beexalted, forbade fat to them, but they sold it and
consumed its price. When Allaah forbids a people to eat a thing He
forbids its price to them."
Classed as saheeh by an-Nawawi in al-Majmoo', and by al-Albaani in
Saheeh Abi Dawood.
To sum up: lifting the gaze to heaven when offering du'aa' outside of
prayer is permissible and there is nothing wrong with it.
And Allah knows best.