Punishment for zina

Asalaam Alaikum,

In this article I will do the following inshaAllah:

1. Answer some of the points raised by Muslims regarding what is being revealed to the Messenger.

2. Show what the punishment of zina should be.

We look at the Quran, which provides plenty of evidence that the Quran is the only revelation given to the Prophet.

And We have not taught him poetry, nor is it meet for him; it is nothing but a zikar and a plain Quran, that it may warn him who would have life, and (that) the word may prove true against the unbelievers. (Quran 36:69-70)

Here the Quran says that what Allah has taught the Prophet is nothing but the plain Quran.

Most surely, it is the Word brought by an honored Messenger, And it is not the word of a poet; little is it that you believe; Nor the word of a soothsayer; little is it that you mind. It is a revelation from the Lord of the worlds. (Quran 69:40-43)

In the above verse and in 36:69, Allah is telling the people that what the Prophet is saying is not poetry. Was the Prophet (pbuh) used to speaking in Poetry form? No. What these verses are referring to is the Quran, the Revelation.

And Allah explains again what is being revealed to the Prophet (peace be upon him)

Ha Mim: A revelation from the Beneficent, the Merciful Allah: A book, whereof the ayaat are explained in detail;- a Quran in Arabic, for people who understand" (Quran 41:1-3).

And thus did We reveal to you an inspired book by Our command. You did not know what the Book was, nor (what) the faith (was), but We made it a light, guiding thereby whom We please of Our servants; and most surely you show the way to the right path (Quran 42:52)

Perhaps the following ayaat give the most explicit evidence about what was being revealed to the Messenger:

And if ye are in doubt concerning that which, We reveal unto Our slave (Muhammad), then bring a surah similar to it, and call your witnesses beside Allah if ye are truthful. (2:23)

It is interesting to see that Allah is demanding people to produce a surah similar to what is being revealed to the Prophet. He is not asking for ordinary speech, He is asking for a surah. The only Book we have with surahs is the Quran. No book of hadith or any other book is composed of surahs.

The hypocrites fear lest a surah (chapter of the Quran) should be sent down to them telling them plainly of what is in their hearts. Say: Go on mocking, surely Allah will bring forth what you fear. (9:64)

Here the hypocrites are identified as not being scared of the Prophet’s ordinary speech, but are only identified as scared of having a surah to be sent down (Tanzeel). This explains again that the revelation that was being sent down was the Quranic surahs.

And those who believe say: Why has not a surah (chapter of the Quran) been revealed? But when a decisive chapter is revealed, and fighting is mentioned therein you see those in whose hearts is a disease look to you with the look of one fainting because of death. Woe to them then! (47:20)

Here the believers are being identified as waiting for the Quranic surahs to be decisive. The ordinary speech of the Prophet was not revelation from Allah. The believers are also waiting along with the Prophet for a decisive surah.

O you who believe! do not put questions about things which if declared to you may trouble you, and if you question about them when the Quran is being revealed, they shall be declared to you; Allah pardons this, and Allah is Forgiving, Forbearing. (5:101)

This is also a very interesting Ayah. It is important to note that the questions are only allowed while the Quran is being revealed. The Prophet did live after the Quran was complete. If he was receiving revelations besides the Quran, then the above condition would not have been made as the Prophet could answer those questions from other “revelations” besides the Quran. This is yet another evidence that the only revelation that the Prophet received was the Quran.

And thus have We revealed to you an Arabic Quran, <auhaina_ ilaika qur a_nan arabiy yan> that you may warn the mother city and those around it, and that you may give warning of the day of gathering together wherein is no doubt; a party shall be in the garden and (another) party in the burning fire. (42:7)

"And this Quran has been revealed to me <u_hiya ilayya ha_zal qur'a_n> that with it I may warn you and whomsoever it reaches" (6:19)

The warning the Prophet was supposed to give was to come from the Quran as the above ayaat shows. The Prophet is not made to say within the Quran that he received any other revelations besides the Quran to warn. Finally Allah spells out the duty of the Messenger:

We know best what they say, and you are not one to compel them; therefore remind him by means of the Quran who fears My Promise. (50:45)

I am commanded only that I should serve the Sustainer of this city, Who has made it sacred, and His are all things; and I am commanded that I should be of those who submit; And that I should recite the Quran. Therefore whoever goes aright, he goes aright for his own soul, and whoever goes ' astray, then say: I am only one of the warners. (27:91-22)

His reminders must come from the Quran only. No other source is mentioned. So what is being revealed is the Quran. Let us continue and read some more Quran:

And when they listen to the revelations received by the Messenger, thou wilt see their eyes overflowing with tears, for they recognize the truth: they pray: "Our Lord! we believe; write us down among the witnesses. (5:83)

Here Allah is telling people that when the true believers listen to the wahy received by the Messenger, they cry with tears in their eyes. I am sure all of you have either cried or has seen someone cry even today when the Quran is recited. I have yet to see someone cry when hadith is narrated.

Now, it is abundantly clear from the above Quranic ayaat that the revelation the Prophet was receiving was nothing but the Quran and he was commanded to teach and warn by the Quran.

Thus, if we find a teaching associated with the Prophet but not based on the Quran, then we cannot take that teaching as authentic as the Prophet taught by the Quran and nothing else.

But the above evidence is not enough for those people who want to implement other judgments besides the Quran. In desperation they shred the Quran into pieces and start reading isolated verses without making reference to other verses that explain them. One such verse is often quoted:

But nay, by your Lord, they will not believe until they make you the judge of what is in dispute between them, then they shall find in themselves no dislike of that which you have decreed, and submit in full submission.  (Quran 4:65)

This all the proponents of hadith need. They point to this Ayah in isolation and start jumping up and down with joy that this ayah gives them freedom to use any and all judgments from the books of hadith and fiqh, even if those judgments are not in the Quran. However, the Quran does not reveal this verse in Isolation. It explains it through repetition as promised by Allah, i.e. the same topic is discussed in other parts of the Quran, which explains why Allah made such a commandment.

unzur kaifa nusarriful a_ya_ti la'allahum yafqahu_n
"See how We repeat the verses that they may understand." (6:65)

So let us see what the Prophet was commanded to judge with and how the Quran explains what the judgment of the Messenger is that we must Obey..

Surely We revealed the book to you (Muhammad) with the truth that you (Muhammad) may judge between humans as guided by Allah, and be not an advocate to those who betray their trust;(Quran 4:105)

And then Allah uses the examples of the Jews and the Christians to warn the Prophet and all of us Muslims with the following warnings:

And why do they (the Jews) come to you (Mohammed) for judgment, when they have The-Torah, wherein is Allah's judgment? Yet even after that, they turn away. Verily, such are not believers. (Quran 5:43)

Indeed We Revealed the Torah wherein is Guidance and Noor (Light); with it the prophets who have become Muslims judge the Jews, the rabbis, and the doctors of law; of what they have guarded of Allah's Book, and they were witnesses thereof. Therefore desire not the people, and desire Me; and do not exchange My Ayah for a small price. And whoever does not judge by what Allah revealed, those are the rejecters/kafiroon. (Quran 5:44)

We ordained therein for them (Jews): "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And whoever does not judge by what Allah revealed, those are the zalimoon/oppressors. (Quran 5:45)

And in their footsteps We sent Jesus the son of Mary, confirming the Torah that had come before him: We gave him the Injeel, therein was guidance and light (nur). A confirmation of the Torah that had come before him: a guidance and an admonition to those who are conscious of Allah. (Quran 5:46)

Let the people of the Injeel (Christians) judge by what Allah has revealed therein. And whoever does not judge by what Allah revealed, those are the fasiqoon/rebellious. (Quran 5:47)

And We Revealed to you (Muhammad) The-Book with the truth, confirming of The-Book before it, and superseding it. So (Muhammad) judge between them by what Allah revealed, and don't follow their vanity, diverging you away from the truth which hath come to you. For each We have appointed a shariah and a way. Had Allah willed He could have made you one ummah, but it is that He might try you in what He gave you; therefore view one another with virtuousness; to Allah do you all return, so he will let you know that in which you differed; (Quran 5:48)

And thus (Muhammad) judge between them by what Allah revealed, and do not follow their vanity; and be guard of them, lest they test you from part of what Allah has Revealed to you; but if they turn back, then know that Allah desires to afflict them on account of some of their faults; and surely many humans are fasiqoon. (Quran 5:49)

Is it then the judgment of jahiliyah/ignorance that they seek? And who is better than Allah to judge for a people who are certain?" (Quran 5:50)

Some important things to note here:

1. Those who do not judge by Allah’s Revelations are called kafirun, fasiqun and zalimun by Allah (the examples given are those of Jews and Christians who did not judge by the Torah and the Injeel).

2. The Quran is the book given to the Muslims as shariah (5:48), and the Quran supersedes the previous books (this also answers the point raised by those who say that stoning is valid as it was in the previous books – The Quran is the final and the superseding book)

So it is clear that Allah has, in no uncertain terms, commanded the Muslims and the Prophet to judge by the Quran. The Prophet was a slave of Allah and could never imagine doing something, which was not in Allah’s Book. This is how the Quran explains itself by repeating the topics:

Wa laqad sarrafna_ lin na_si fi ha_zal qur'a_ni min kulli masal(in), fa aba_ aksarun na_si illa_ kufu_ra

And certainly We have repeated for mankind in this Quran, every kind of similitude, but the majority of mankind do not consent to aught but denying. (17:89)

This ayah explains that Allah repeats His message within the Quran in order for people to understand. More importantly, this Ayah contains a sad but true prediction. Allah says that He has repeated every kind of example in the Book. Yet, He predicts that the majority of human beings will deny that He has every kind of example in the Quran. Here Allah does not talk about kuffar, or the Jews or the Christians. But it is using the Word “nas”, the whole humankind, including the Muslims. Today, it is not only the non-believers who deny that the Quran has everything we need, but also the so called Muslims, who insist that the Quran does not have X, and the Quran does not have Y. These same Muslims insist that the judgments in the Quran are not all the judgments, but that we must look elsewhere to get “everything”. Sadly, this is a prediction made by Allah, and the Muslims are themselves bent on being part of it, except for a few.

Now, having established that the Prophet would never ever judge but by the Book of Allah, let us look at the punishment for zina.

If any of your women are guilty of any fahish act, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way. (Quran 4:15)

And as for the two who are guilty of any fahish act from among you, give them both a punishment; then if they repent and amend, turn aside from them; surely Allah is Oft-returning (to mercy), the Merciful.” (Quran 4:16)

In these ayaat Allah is talking about any fahish act, i.e. any shameful act, including adultery and fornication. In 4:15 Allah is specifically talking about women who commit fahish acts. Allah says to confine them to their houses until they die or Allah ordain for them some other way.

In 4:16 Allah is talking in a general sense that whoever commits a fahish act, we must punish them, and if after that they repent and amend, we must leave them alone. This ayah rules out any death punishment for a crime of fahishi because the ayah tells us that if after punishment the criminals repent and amend, we should leave them alone. If the person is dead, he/she cannot repent or amend, and it won’t make any sense for us to leave them alone after they repent.

The punishment of death also does not make sense when we look at other ayaat of the Quran which talk about punishments for fahish acts.

If any of you have not the means wherewith to wed believing muhsinaat, they may wed believing young girls from among those whom your right hands possess. And Allah has full knowledge of your faith. You are one from another. wed them with the leave of the people of their household, and give them their dowers, according to what is reasonable: they should be chaste, not fornicators, nor taking adulterous. When they are taken in wedlock, if they commit any fahish act, their punishment is half that of a muhsina woman. This is for those who fear sin; but it is better for you that you practice self restrain. And Allah is Oft-forgiving, most Merciful (Quran 4:25)

If punishment for any fahish act had been death by stoning, then the above ayah would not make much sense, as there is no half of death by stoning. Let us see another place where punishments for fahish acts are mentioned:

O women of the prophet! Whoever, of you commits an open fahish act, the punishment shall be increased to her doubly; and this is easy to Allah. (Quran 33:30)

If the punishment for some indecent act had been stoning to death, then what would it mean to double the punishment?

So the above ayaat 33:30, 4:25 and 4:16 rule out the possibility of a death punishment for a fahish act.

Here is the punishment that is prescribed in the Quran for zina (adultery and gornication):

The woman and man guilty of zina, flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the last day: and let a party of the Believers witness their punishment (Quran 24:2)

So let us now look at those hadith which say that the Prophet allegedly stoned adulterers. The questions need to be asked are as follows:

1. Was the Prophet commanded to judge by Allah’s Book?

The answer is YES.

2. Would the Prophet ever disobey Allah?

The answer is NO.

3. What is the punishment of Adultery in the Book of Allah?

The answer is 100 flogs.

4. Considering the ayaat 4:16, 4:25, and 33:30, could the punishment for any fahish act be death?

The answer is NO.

5. Is stoning ever implied in the Quran?

The answer is NO.

What is the natural and logical conclusion from the above five. The answer is that the Prophet of Allah could never disobey Allah and inflict a punishment, which could not be derived from the Quran. Thus the hadith of stoning are fabrications. There is also strong evidence that someone later tried to include stoning in Islam. If we consider the following narrations, it would become clear that there was effort made to try and justify stoning by ascribing things to Umar as well:

Narrated Abu Huraira and Zaid bin Khalid: 'Umar Ibn al Khataab said" Allah sent Muhammad with the Truth and revealed the Holy Book, Quran, to him, and among what Allah revealed, was the Ayah of the Rajam (the stoning of married person (male & female) who commits illegal sexual intercourse, and we did recite this ayah and understood and memorized it."( Bukhari: Volume 8, Book 82, Number 815)

This and other narration quoted by those who call themselves Muslims are also fabrications because they have some implications which cannot be true.

The main implication of this is that The Quran we have today is not complete because the “Ayah” of Rajam as supposedly  mentioned by Umar above is not in the Quran we have. This cannot be true because Allah has promised to protect the Quran.

However, some people insist on having stoning in the Law of Allah. They would go to any lengths to corrupt the pure message of Allah. Not satisfied with the stories of stoning of humans in the books of hadith, they included monkeys in it also to show that somehow stoning is a “natural” law:

Bukhari: Volume 5, Book 58, Number 188:
Narrated 'Amr bin Maimun:
“During the pre-Islamic period of ignorance I saw a she-monkey surrounded by a number of monkeys. They were all stoning it, because it had committed illegal sexual intercourse. I too, stoned it along with them.”

The questions that arise from this are:

1. Do Monkeys have nikah?
2. What does it mean for a Monkey to commit “zina” after being “married”?
3. How did Amr bin Maimun know that the she-monkey had committed zina?

Is this not a desperate attempt to give stoning a divine “Yes”? But wait, there is more. After creating the stories of the Prophet stoning people, and after creating stories about monkeys getting stoned, the people realized that the Book of Allah does not mention stoning. So they turned to the famous “Theory of Abrogation”, and invented false Quranic “ayaat” about stoning, and made up stories that these “ayaat” were “abrogated” and taken out of the Quran during the time of Umar, but the ruling of stoning is valid – what a twisted mentality. Anyway, the proponents of stoning created the following hadith to “strengthen” the “evidence” that Allah wants stoning:

Imam Malik's Muwatta
Book 41 No. 10
Malik related to me that Yahya ibn Said heard Said ibn al-Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta-ala, we would have written it, -The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"
Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "
Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

Very interesting hadith. Beside the obvious contradiction with Allah’s promise to protect the Quran, this hadith as explained by Malik also creates an interesting image of Umar, the companion of the Prophet. He was the Khalifah and a man of such a strong character, but he is presented as someone who is afraid of people. He does not seem to be afraid of Allah for leaving His Book “incomplete”, but he is afraid what people might say.

For centuries proponents of stoning shoved down this hadith down people’s throats, until someone did more research into it and found out that the chain of narrators was not sound. What a shame. It takes someone to look at the “chain of narrators” to classify this hadith as “weak” (note: they still don’t call it a fabrication) after many years. Do these people really believe in the Quran?

However, many Muslims of today would rather trust some narration, compiled many many years after the Prophet rather than the Quran. The Quran keeps on saying that the prescribed punishment for zina is 100 flogs, and that death could never be a punishment for any fahish act, but the Muslims keep on harping that we have narration (200 after the Prophet) and thus the punishment for adultery is stoning. If someone invites them to the Quran to settle this dispute, they call him “misguided”, “shaitaan”, “kaffir”, etc. What to be said of these people, but the following:

"Hast thou not turned thy vision to those who have been given a portion of the Book? They are invited to the Book of Allah, to settle their dispute, but a party of them Turn back and decline." (Quran 3:23)

Such are the ayaat of Allah, which We rehearse to you in truth: then in what hadith will they believe besides Allah and His ayaat? (Quran 45:6).

Then the Messenger will say: “O my Lord, truly my people neglected the Quran”. (Quran 25:30).

Wasalaam,
Naveed