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15- AND THOSE WHO COMMIT ADULTERY OF YOUR WOMEN, TAKE THE EVIDENCE OF FOUR WITNESSES FROM AMONGST YOU, IF THEY TESTIFY, CONFINE THEM TO THE HOUSES UNTIL DEATH TAKES THEM OR ALLAH ORDAINS SOME OTHER WAY FOR THEM.

16- AND THOSE WHO DO IT (ADULTERY) OF YOU, HURT THEM, BUT IF THEY REPENT AND MAKE AMENDS, LEAVE THEM ALONE, FOR ALLAH IS MOST FORGIVING AND MOST COMPASSIONATE.

17- IT IS FOR ALLAH TO FORGIVE THOSE WHO DO EVIL THROUGH IGNORANCE, THEN REPENT SOON AFTERWARDS, FOR ALLAH IS ALL KNOWING AND MOST WISE.

18- BUT FORGIVENESS IS NOT FOR THOSE WHO DO EVIL AND THEN WHEN DEATH COMES TO ONE OF THEM, HE SAYS: neither “NOW I REPENT”, NOR THOSE WHO DIE WHILE STILL DISBELIEVERS, FOR THOSE WE PREPARED A PAINFUL PUNISHMENT.

These are the first laws concerning adultery:

“AND THOSE WHO COMMIT ADULTERY OF YOUR WOMEN, TAKE THE EVIDENCE OF FOUR WITNESSES FROM AMONGST YOU”

For the conviction of the crime of adultery to take place it requires:

1-    Four witnesses, which works out as two for each of the adulterer, as it is a crime which should involve two people.

2-    The four witnesses have to be men.

3-    The four witnesses have to be Muslims “FROM AMONGST YOU”

4-    If a person accuses a woman of adultery, and does not bring four witnesses, he is punished by eighty lashes. 

We see that the requirements for the proof of this crime are very stringent.

I should mention that during the life time of Mohamed prayer and peace upon him, those who were punished for adultery were found guilty by their confession and not by evidence and testimony. 

“IF THEY TESTIFY, CONFINE THEM TO THE HOUSES UNTIL DEATH TAKES THEM OR ALLAH ORDAINS SOME OTHER WAY FOR THEM”

Holding women in the houses and restricting their freedom, was the first stage in the punishment of the adulterer.  It applied to women only, and it was later replaced flogging a hundred lashes for the unmarried and stoning for the married person.

“THOSE WHO DO IT (ADULTERY) OF YOU, HURT THEM”

This applies to men, and the type of hurt is not specified.  Therefore, the hurt can be verbal or financial by not doing business with them or even physical.  We should also dissociate ourselves from them and avoid them, not giving them our daughters for marriage, and not to be friends with them.

The punishment of imprisonment and hurt was a first stage in the punishment of the punishment of the adulterers.  It was later replaced with:

1-    Flogging a hundred lashes and exile for a year for those who are not and have not been married.  Some scholars argue against the exile of the woman.  Omar Ibn El-Khatab, May Allah be pleased with him when he was Khalifa stopped sending the men for exile after a man sent on exile changed his religion to Christianity.

2-    Flogging a hundred lashes to the adulterers who are married or who have been married.  Allah’s messenger prayer and peace upon him just stoned those adulterers to death and did not flog them a hundred lashes first.

Allah’s messenger prayer and peace upon him said after receiving the Ayahs of Sorah Al-Nor which deals with the adulterers: “Take it from me, take it from me, Allah has ordained them another way, the virgin for a virgin, to be flogged a hundred and exiled for a year, and the married or previously married for the married or previously married, to be flogged a hundred and stoned”.  (M: Hodoud; 12, 13 & D: Hodoud, 23 & T: Hodoud; 8 & Ma: Hodoud; 7)

The punishment for those found to be committing homosexual intercourse is stoning to death.  Allah’s messenger prayer and peace upon him said: “Those you find committing the dead of the people of Lute (homosexual intercourse) kill he who does it and him to whom it is being done”.  (T: Hodoud, 24 & Ma: Hodoud; 12 & D: Hodoud; 29)

After being punished, the offenders should not be taunted or be persecuted for it, as the penalty clears the sin, for the penalty for the sin in this life is its ransom.  Allah’s messenger prayer and peace upon him said: “If a girl slave of one of you commits adultery, let him flog her specified penalty, and do not taunt her”.  (B: Hodoud; 36 & M: Hodoud; 30 & D: Hodoud; 32 & A: 2; 249.494)

“BUT IF THEY REPENT AND MAKE AMENDS, LEAVE THEM ALONE, FOR ALLAH IS MOST FORGIVING AND MOST COMPASSIONATE”

Allah the Highest is forgiving to all his slaves when they repent and ask for forgiveness having amended their ways.  Allah’s messenger prayer and peace upon him said: “He who repents from a sin, is like he who has no sin”.  (M: Zohd; 30)

Allah’s messenger prayer and peace upon him, prayed upon the dead who were stoned for adultery who confessed their sin of adultery. 

It is reported that a woman was stoned after confessing adultery.  Khalid Ibn Al-Waled had her blood gushing on her face when he stoned her, which made him swore at her.  Allah’s messenger prayer and peace upon him said: “Khalid, do not swear at her, for she repented such repentance that if the governor of Mux did, he would have been forgiven”.  (The governor of Mux was a disbeliever and a very sinful and brutal man)  She was prepared for burial and Allah’s messenger prayer and peace upon him prayed upon him then she was buried.  He man partner also confessed and was stoned to death.  (M: Hodoud; 23, 24 & D: Hodoud; 24 & N: Janaez; 64 & D: Hodoud; 17)

“BUT FORGIVENESS IS NOT FOR THOSE WHO DO EVIL AND THEN WHEN DEATH COMES TO ONE OF THEM, HE SAYS: neither “NOW I REPENT”, NOR THOSE WHO DIE WHILE STILL DISBELIEVERS, FOR THOSE WE PREPARED A PAINFUL PUNISHMENT”

Repentance is not a last minute option for any one including the believers.  It is not accepted when it happens just as the person is dying, which is clear from this Ayah. 

Allah’s messenger prayer and peace upon him said: “Allah accepts the Exalted and the Majestic Accepts His slaves repentance, as long as his soul did not reach his throat”.  (T: Dawat; 98 & Ma: Zohd; 30 & A: 2; 132,153 33; 425)

B: Bukhari    M: Muslim     Mal: Malek    A: Ahmed   D: Abu Dawood     

Da: Daremy       Ma: Ibn Magah            N: Nesae          T: Termezi