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Saturday, March 22, 2014

Dought & clear, - She committed adultery when she was a minor – shouldthe hadd punishment becarried out on her?

















What is the punishment for a girl found guilty of adultery if she has not even reached her puberty that is she is still a minor ?.
Praise be to Allaah.
The sin of adultery (zina: unlawful sexual relationship) is a major sin which Allaah has mentioned in conjunction with kufr, shirk and murder, as He 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 intercourseand 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”
[al-Furqaan 25:69]
Al-Qurtubi said:
The followers of all religions are agreed that adultery is forbidden; no religion regards it as permissible. Hence the punishment for it is one of the most severe punishments, because it is a crime against honour and lineage, which is one of the five basic principles that Islam seeks to protect, namely life, religion, lineage, reason and wealth.
Tafseer al-Qurtubi, 24/20, 21
1 – If a woman has been previously married – i.e., a legitimate marriage with her has been consummated – then her punishment is to be stoned to death.
‘Umar ibn al-Khattaab (may Allaah be pleased with him) said, when he was sitting on the minbar of the Messenger of Allaah (peace and blessings of Allaah be upon him): “Allaah sent Muhammad (peace and blessings of Allaah be upon him) with the truth, and revealed to him the Book. One of the things that He revealed was the verse of stoning, which we have read and understood. The Messenger of Allaah (peace and blessings of Allaah be upon him) carried out the punishment of stoning and we did so after him. I fear that as time goes by, people will say, ‘We do not find any mention of stoning in the Book of Allaah,’ so they will go astray by forsaking an obligation that was revealed by Allaah. In the Book of Allaah, stoning is the punishment deserved by any previously-married person, man or woman, who commits adultery, if proof is established, or pregnancy results, or he or she confesses.”
(Narrated by al-Bukhaari, 2462; Muslim, 1691)
2 – If the woman is a virgin – i.e., she is not married yet or the marriage contract has been done but her husband has not yet consummated the marriage with her – then the punishment is one hundred lashes and exile from her country for a year, as stated in the hadeeth of ‘Ubaadah ibn al-Saamit, who narrated that the Prophet (peace and blessings of Allaah be upon him) said: “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 the case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.”
(Narrated by Muslim, 1690).
If the adulterer or adulteress is a minor below the age of puberty, then there is no punishment to be carried out, according to all scholars.
Ibn Qudaamah (may Allaah have mercy on him) said:
With regard to puberty and sound mind, the scholars are agreed that both are conditions of punishment being obligatory.
Al-Mughni, 8/134.
The evidence for that is the words of the Messenger of Allaah (peace and blessings of Allaah be upon him): “The Pen has been lifted from three, from the sleeper until he awakes, from the minor until he grows up, and from the insane until he regains his reason.” (Narrated by al-Nasaa’i, 3432; classed as saheeh by al-Albaani inSaheeh al-Nasaa’i, 3210).
But the minor boy or girl should be punished, with something less than the hadd punishment, in a manner that will deter them from doing this action. And their guardian must also be punished if there was any shortcoming on his part, such as allowing his daughter to mix with boys or being careless concerning such matters.
The girl has to conceal what she has done, and her guardian must also conceal it, because the Prophet (peace and blessings of Allaah be upon him) said: “Avoid these filthy things that Allaah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allaah, and let him repent to Allaah…”
(Narrated by al-Haakim; classed as saheeh by al-Albaani inSaheeh al-Jaami’, 149).
If the signs of puberty are present in the boy or the girl, then he or she becomes accountable (mukallif) thereby. And Allaah knows best.

























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Dought & clear, - The reasonwhy the one towhom a homosexual act is done is to be executed











Why is the one to whom a homosexual act is done to be executed like the one who does it?.
Praise be to Allaah.
Al-Tirmidhi (1456), Abu Dawood (4462) and Ibn Maajah (2561) narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done.” Classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
The Sahaabah were unanimously agreed on the executing of homosexuals, but they differed as to how they were to be executed.
Some of them, such as Abu Bakr al-Siddeeq and ‘Ali ibn Abi Taalib (may Allaah be pleased with them) thought that they should be burned to death. Some of them, such as Ibn ‘Abbaas (may Allaah be pleased with him) thought that they should be thrown from a tall building followed by stoning. Some of them thought that they should be stoned to death, which was narrated from both ‘Ali and Ibn ‘Abbaas (may Allaah be pleased with them).
See:al-Mughni(9/58).
The reason why the one to whom such an act is done should also be executed is because he is a partner in the sin, because this sin can only be committed if both parties take part, so it is only just to carry out the punishment on both of them. Similarly in the case of zina (adultery), the punishment is carried out on both the man and the woman. Moreover there is nothing good to be gained from letting the one to whom it has been done remain alive, because of the great evil that has befallen him and because of the great evil that may result from his presence.
It says inMataalib Ooli al-Nuha(6/174): Even though adultery and homosexuality are both immoral deeds and are both evils that go against the wisdom of Allaah in His creation and His command, in homosexuality there are innumerable evils and it is better for the one to whom it was done to be executed than to let him repeat that evil action, because he has been corrupted in such a way that there is no hope of reform for him, and there is no goodness left in him, and after that he will not feel shy before Allaah or before His creation. The sperm of the one who did that will affect his heart and soul as poison affects the body, and he does not deserve to be guided to anything good, and every time he tries to do something good, something will happen to spoil his good deed, as a punishment to him. Hardly ever do you see one who was like that in his youth but he is the worst he can be when he grows old. He does not gain any beneficial knowledge or do any righteous deeds, or repent sincerely, in most cases. Once this is established, the evil consequences of homosexuality are among the worst of evil consequences, so its punishment is one of the most severe of punishments in this world and in the Hereafter.
The companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) agreed unanimously that the homosexual is to be executed, and none of them differed concerning that. Rather they differed as to the method of execution. Some people thought that this difference means that they disagreed about executing him, so they narrated it as a matter concerning which the Sahaabah differed, but it is a matter concerning which there was consensus among them, not a matter of difference. End quote.
The source for this was Ibn al-Qayyim (may Allaah have mercy on him), who mentioned it inal-Jawaab al-Kaafi li man sa’ala ‘an al-Dawa’ al-Shaafi.
But if the one to whom it was done was forced, then he is not to be punished, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for mistakes and forgetfulness, and what they are forced to do.” Narrated by Ibn Maajah (2045); classed as saheeh by al-Albaani inSaheeh Ibn Maajah.
And Allaah knows best. ShareShare ::






















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