Dought & clear, - If she accuses her husband of zina, does she have the right to separate from him by means of li’aan?

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I would like to know: what is the procedure in the case of a woman who accuses her husband of adultery. Does she take the oath of li-an (curse) upon herself as in surat an-Nur or is this only in the case of a husband who accuses his wife? I searched for the answer here but did not find it anywhere.
Praise be to Allaah.
Li’aan is prescribed for two reasons:
1 – If the husband accuses his wife of zina and cannot produce four witnesses, then he may get the hadd punishment for slander waived by engaging in li’aan.
2 – If he wants to deny that a child is his.
The basic principle concerning that is the passage in which Allaah says (interpretation of the meaning):
“And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allaah that he is one of those who speak the truth.
7. And the fifth (testimony should be) the invoking of the Curse of Allaah on him if he be of those who tell a lie (against her).
8. But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allaah, that he (her husband) is telling a lie.
9. And the fifth (testimony) should be that the Wrath of Allaah be upon her if he (her husband) speaks the truth”
[al-Noor 24:6-9]
Ibn Katheer (may Allaah have mercy on him) said in hisTafseer:
This verse offers a way out to husbands if a husband accuses his wife of zina but it is too difficult for him to establish proof; he may engage in li’aan against her as enjoined by Allaah, may He be glorified and exalted. This means bringing her before the judge and making his accusation against her, and the judge should make him swear four times by Allaah, instead of bringing four witnesses, that he is telling the truth i.e., about what he is accusing her of, namely zina. And the fifth time he should invoke the curse of Allaah upon himself if he is lying. If he says this, she becomes irrevocably divorced by virtue of this li’aan, according to al-Shaafa’i and many of the scholars, and she becomes permanently forbidden to him, and he should give her the mahr (dowry), and the hadd punishment for zina should be carried out on her. The punishment is not averted from her unless she also engages in li’aan and swears by Allaah four times that he is lying, i.e., with regard to what he has accused her of; and the fifth time she should invoke the wrath of Allaah upon herself if he is telling the truth. Hence Allaah says“But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allaah, that he (her husband) is telling a lie.
9. And the fifth (testimony) should be that the Wrath of Allaah be upon her if he (her husband) speaks the truth.”End quote.
As for the wife, if she accuses her husband of zina, but she cannot produce four witnesses, then she should be given the hadd punishment for slander, because Allaah says (interpretation of the meaning):
“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”
[al-Noor 24:4]
These verses apply equally to slander against both women and men.
Al-Qurtubi (may Allaah have mercy on him) said in his Tafseer: Allaah mentioned women in the verse because they are of greater concern and accusing them of immorality is more abhorrent and more hurtful, but slandering men is also included in the meaning of the verse, and the ummah is unanimously agreed on that. End quote.
Al-Maawardi said inAhkaam al-Sultaaniyyah(p. 287): If a woman slanders her husband, she should be given the hadd punishment, but she should not engage in li’aan. End quote.
If a woman knows that her husband has committed zina but she has no proof, namely four witnesses, then she should advise him and remind him, and tell him to fear Allaah. If he persists in his sin she may ask for a divorce from him or separate from him by means of khula’, because there is nothing good for her in staying with him, and because his having intercourse with her may be harmful for her.
And Allaah knows best.

- PUBLISHERNajimudeeN M

Dought & clear, - Incest is a worse and more serious sin

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What is the hadd punishment for incest? Can there be any repentance from that?.
Praise be to Allaah.
Firstly:
Zina with a mahram relative is a graven sin that zina with a non-mahram, because it is severing the ties of kinship, and an act of aggression against those with whom we are enjoined to uphold ties of kinship. Hence some of the scholars are of the view that the one who commits zina with a mahram should be executed in all cases, whether he was married or unmarried. This was narrated from Ahmad (may Allaah have mercy on him). The majority are of the view that he should be subjected to the hadd punishment; so if he was married he should be stoned and if he was not married he should be given one hundred lashes, even though his sin is greater.
It says inMataalib Ooli al-Nuha(6/18): The one who commits zina with his sister is like one who commits zina with anyone else (with regard to hadd punishment), because of the general meaning of the reports. It was narrated from him (i.e., Imam Ahmad) that the one who commits zina with a mahram should be killed whatever the case, whether he was married or not. It was said to him: What about the woman? He said: It applies to both of them. But out view is what was stated above, i.e., that zina with a mahram is like zina with anyone else. End quote.
Ibn al-Qayyim (may Allaah have mercy on him) said concerning intercourse with one’s mother, daughter or sister: There is a totally natural repulsion towards that, and the hadd punishment for that is one of the most severe of punishments according to one of the two opinions, which is execution in all cases, whether he was married or not. This is one of the two views narrated from Imam Ahmad, and it is also the view of Ishaaq ibn Raahawayh and a number of the scholars of hadeeth. Abu Dawood narrated that al-Bara’ ibn ‘Aazib said: I met my paternal uncle and he was carrying the banner. I said to him: Where are you going? He said: The Messenger of Allaah (peace and blessings of Allaah be upon him) has sent me to a man who married his father’s wife after he died, to strike his neck and confiscate his wealth. [Classed as saheeh by al-Albaani inIrwa’ al-Ghaleel(2351).]
InSunan Abi DawoodandSunan Ibn Majaahit is narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a mahram relative, kill him.” [Classed as da’eef by al-Albaani inDa’eef al-Jaami’(5524).]
The Muslims are unanimously agreed that the one who commits zina with a mahram deserves the hadd punishment; they only differed with regard to the nature of hadd punishment: should it be execution in all cases, or is it the hadd punishment of the (ordinary) zaani? There are two points of view. Al-Shaafa’i, Maalik and Ahmad, according to one of the reports from him, were of the view that he should be subjected to the hadd punishment for zina. Ahmad, Ishaaq and a number of the scholars of hadeeth were of the view that his punishment is execution whatever the case. End quote fromal-Jawaab al-Kaafi, p. 270.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) favoured the view that the one who commits zina with a mahram should be executed in all cases. He said: The apparent meaning of the author’s words is that there is no difference between zina with a mahram relative and zina with anyone else, but zina with a mahram is punishable by execution in all cases, because of a saheeh hadeeth that speaks of that. This view was favoured by Ibn al-Qayyim inal-Jawaab al-Kaafi, where he said that the one who commits zina with a mahram should be executed whatever the case.
For example, if a man committed zina – Allaah forbid – with his sister or his paternal aunt or his maternal aunt or his wife’s mother or the daughter of a wife with whom he had consummated the marriage and so on, then he is to be executed whatever the case, because this intimacy is not permissible to him under any circumstances whatsoever, because the woman is one of his mahrams, and because this is a grave immoral action. There is also a hadeeth which was narrated from the Messenger (peace and blessings of Allaah be upon him) about executing the one who has intercourse with one of his mahrams. This was narrated from Ahmad, and it is the correct view, that the one who commits zina with one of his mahrams should be executed even if he was not married. End quote fromal-Sharh al-Mumti’(6/132).
It says inal-Mawsoo’ah al-Fiqhiyyah(24/20): The sin of zina varies in severity. Zina with a mahram or married woman is worse than zina with a stranger (non-mahram) or unmarried woman, because it is a transgression against the sacred rights of the husband and corrupting his lineage, and it may involve attributing offspring to him who are not his, and other kinds of damage. So it is a worse sin than zina with a woman who does not have a husband or who is a stranger (non-mahram). If her husband is a neighbour then it also involves bad treatment of neighbours, and mistreating neighbours is one of the worst kinds of mistreatment and one of the worst sins that may doom a person to Hell. If the neighbour was a brother or one of his relatives, it also involves severing ties of kinship, so the sin is compounded. It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “He will not enter Paradise from whose harm his neighbour is not safe.” There is no harm greater than zina with one’s neighbour’s wife. If the neighbour is absent doing something in obedience to Allaah, such as worship, seeking knowledge or jihad, then the sin is compounded. The one who commits zina with the wife of one who is fighting for the sake of Allaah will be made to stand before him on the Day of Resurrection, and he will take as much of his good deeds as he wants. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The sanctity of the wives of the mujaahideen for those who stay behind is like the sanctity of their own mothers. There is no man among those who stay behind who looks after the family of one of the mujaahideen and then betrays him with regard to them, but he will be made to stand on the Day of Resurrection, and he (the mujaahid) will take as much of his good deeds as he wishes, so what do you think?” Narrated by Muslim (1897). i.e., do you think he will leave him any of his hasanaat (good deeds)? It has already been ruled that he has the right to take whatever he wants at the time when all people will be desperate for even a single hasanah. If it so happens that the woman was also his relative, the sin of severing ties of kinship will be added to that. If it so happens that the zaani was also married, then the sin is even greater. If he was an old man, the sin and punishment will be greater. If that also occurred during a sacred month or in a sacred place, or at a time that is held in high regard by Allaah, such as the time of prayer or times when du’aa’s are answered, the sin is further compounded. End quote.
Secondly:
The one who has done any such thing should hasten to repent to Allaah, may He be exalted. Repentance may be valid for any sin, no matter how great. Allaah says (interpretation of the meaning):
“Know they not that Allaah accepts repentance from His slaves and takes the Sadaqaat (alms, charity), and that Allaah Alone is the One Who forgives and accepts repentance, Most Merciful?”
[al-Tawbah 9:104]
“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 intercourseand whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. 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
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-70]
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
These verses indicate that the one who repents must do a lot of good deeds and follow the path of guidance, and keep away from the causes of temptation.
And Allaah knows best.

- PUBLISHERNajimudeeN M

Dought & clear, - Descriptionof flogging for an unmarriezd person who commits zina

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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?.
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.
Fromal-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.

- PUBLISHERNajimudeeN M