“Do not even approach Zina for it is a monstrous act, and an evil way” [Qur’an, 17: 32]
The assertion that stoning to death for committing adultery is not in the Qur’an is over a century-old argument, repeated time and again, by the orientalists and the opponents of Islam, particularly the affiliates of the British colonialists. Their objective has been to discredit and debase the social and moral structure of Islam and decimate its primary sources of jurisprudence by implanting suspicions in people’s minds about their authenticity.
Stoning to death is one of the most significant Shari’ah Laws (Hudud: mandatory punishments for criminal offenses). It is an integral part of the Islamic penal code that has been practiced in every Muslim society governed by Islamic laws without any debate or dissension, simply because of its unquestionable authenticity, deterrence effect, and the security it provides to society at large, especially the female segment of the population and the vulnerable.
Zina (adultery and fornication) is considered in Islam the most heinous, shameful, and socially reprehensible offense. It is not a crime just against some individuals, but rather against the honor and fabric of the entire community. Accordingly, it deserves the most severe punishment to shield society against the harmfulness of this unlawful and illicit sexual behavior. Islam takes preventive steps to deter irrational tendencies before they transform into criminal activities.
Initially, it provides an incentive for certain things to do or a disincentive for others to abstain from.
Like many other prohibitions, such as about gambling, alcohol, and interest, the prohibition of zina too was prescribed in the Qur’an gradually by first denouncing it, bringing out its horrible effects on society, and admonishing abstinence. Raising this issue, the Qur’an first describes that one of the attributes of a faithful to attain real success in this life and the next is to protect his chastity: “The believers have indeed attained true success…who strictly guard their private parts…” [Q, 23: 5] Then it announces the prohibition of infidelity because of its heinousness: “Do not even approach Zina for it is a monstrous act and an evil way.” [Q, 17: 32] This practice has also been denounced as a social evil in respect to women who engage in indecent behavior: “If any of your women be guilty of indecency, call for four witnesses from among yourself against them. If they give evidence and prove the guilt, then confine them to their houses until death comes to them or Allah opens some other way out for them. And punish the two of you who commit this crime; then if they both repent and reform themselves, leave them alone…” [Q, 4: 15, 16] Repentance was demanded for sins committed before the prohibition. Ultimately, the unlawful sexual activity outside the marital relationship was declared a cognizable criminal offense with specific punishment for fornication: “Those who commit unlawful sexual intercourse – male or female – flog each one of them with a hundred lashes…” [Q, 24: 2]
Historically, this sinful act has been condemned in every society and faith, as infidelity is against human decency infecting the whole society and its culture. Many other religions and cultures had similar or more severe punishments than Islam prescribes before their leaders started fiddling around with laws to cover their evil inclinations. In Hinduism, for example, the woman involved in such an act was required to be thrown to the hounds to be torn into pieces and the man was put on a hot iron bed with fire lit all around it. The Judaic Law provides that if a man commits adultery with the wife of his neighbor, both the adulterer and the adulteress shall be put to death.
As a conspiracy to embarrass Prophet Esa (Jesus), the Jewish leaders brought to him a woman who was guilty of adultery and asked him to decide her case. They had hoped that he would be compelled to enforce the Mosaic Law of stoning to death in contradiction to the prevailing Roman Laws and would find himself in a bind. Prophet Esa, however, turned the tables on his detractors by uttering his famous words: “Let him who is without sin among you be the first to cast a stone at her.” This was, in fact, a reference to the Mosaic Law of stoning to death for adultery. They all disappeared in guilt leaving the woman behind. But, in a non-Islamic system (Roman Laws), Prophet Esa had neither the authority nor the evidence to commence the punishment of stoning. He, instead, advised the woman to repent and depart.
The punishment by flogging laid down in the Qur’an, it must be clarified, is for unmarried persons found guilty of fornication. It is not the punishment prescribed for married people who are convicted of unlawful extra-marital affairs, which is a highly grave offense in Islam. The Qur’an itself is silent about the punishment for married individuals, but several authentic traditions fully establish the point that not only did the Prophet Muhammad SAW specify stoning (lapidation) as its punishment, but he put that punishment into effect in a few instances.
He subjected, for example, Ma’iz ibn Malik al-Aslami to lapidation who had confessed to him that he had committed adultery. In another case, the sexual immorality of a woman in Medina was widely known, but there was no definite proof. About her, the Prophet SAW said: ‘If I had to stone someone to death without proof, I would certainly have had her stoned.’ [Ibn Majah, K. al-Hudud]. In yet another case, he delayed the same punishment for a woman, who had become pregnant as a result of adultery, until she had delivered the baby and finished weaning the child.
This practice was also followed by each of the Rightly Guided Caliphs. They openly declared this to be the punishment for such an offense. The companions and the successors were completely unanimous in their views. Even in the later periods, leading Muslim jurists in different parts of the world were unanimous that this punishment was a well-established practice of the Prophet SAW. In fact, in the whole of Islamic history none, except the Khawarij and some Mu’tazilah, have viewed it otherwise. Even then, they did not reject it because it did not have the Prophet’s sanction, but rather because they held it lacking clear sanction in the Qur’an.
Their objection, however, was ill-founded and rested on their misunderstanding of the Qur’an. They failed to see any justification in distinguishing between married and unmarried persons who engage in unlawful sexual conduct nor in prescribing different punishments for those who fall in the former category. They considered such a distinction to be opposed to Allah’s Rule.
This line of argument is seriously flawed, however. It disregards the fact that the Prophet’s authentic and confirmed explanations of the Qur’an carry the same weight as the Qur’an itself. He was the recipient of the Qur’an, he was the one who passed that on to his followers, and it was he who gave meaning to the words of the Qur’an through his narrations and practice directly under Allah’s direction. Anyone who denies this role of the Prophet SAW goes against the very fundamentals of faith itself. Without accepting this premise, the Qur’an would be reduced to merely a book on the shelf, rather than a scripture of guidance sanctifying a Muslim society.
This is so because the Qur’anic text is broad, general, and concise, like a constitution or a vision statement that needs the accompanying bylaws for elaboration and demonstration. The role model of the Prophet SAW is for comprehending the mission and injunctions of the Qur’an in practice on the ground. Numerous examples can be cited to make it abundantly clear that if we do not restrict the absoluteness of a Qur’anic statement in light of its explanation by the Prophet SAW, most of the provisions of Islam, as we practice them daily, would be found without grounds in the Qur’an; and thus would leave us defenselessly in an awkward position. This also applies to the fallacious position of those who regard stoning for adultery contrary to the Qur’an.
A Muslim who is sincere in understanding the meaning of the Qur’an should keep in mind that: (a) The Qur’an is a Book of Guidance and the Prophet SAW is the Guide; (b) All provisions of Islam are not in the Qur’an; (c) All revelations that the Prophet SAW received are not included in the Qur’an; (d) All dictates of the Qur’an are not necessarily binding; (e) Some verses of the Qur’an have been replaced with others; (f) A verse is replaced with another when a gradual change is desired: (g) The Prophet SAW never acted without Allah’s express order or His approval; (h) The Qur’an and the Prophet’s Sunnah are the sole sources of the Islamic knowledge; (i) The Qur’an can be understood only as explained by the Prophet SAW in word and action; (j) Obeying the Prophet SAW is to obey Allah SWT: “He who obeys the Messenger thereby obeys Allah…” [Q, 4: 80]; and (k) Whatever the Prophet SAW has established is the Law of Allah SWT and it is Final.
Anyone wishing to undertake the task of interpreting the Qur’an needs to be well versed in: (a) The Arabic language; (b) the Science of Logic; (c) the Science of Hadith; (d) the Science of Fiqh; (e) Usool-e-Tafsir (rules of the Qur’anic interpretation); (f) Usool-e-Ijtihad (rules of extrapolation); (g) Existing explanations of the Qur’an and Hadith; and (h) Islamic literature and history in-depth.
Until then, it would be safe to follow those who are abreast with all the above and are recognized as authorities in the field for their research and scholarly contributions to Islamic knowledge.
Life is precious in Islam, it goes without saying; it is more sacred than the Ka’bah and must be protected diligently. However, the safety and moral sanctity of the society overrides all other considerations. An Islamic government is under obligation to take a variety of educational and disciplinary measures to prevent society from promiscuity and moral decay and root out all temptations and causes that lead to an illicit behavior. If a person still violates this trust and allows his pervasive instincts to take over his judgment and sensitivity to the society’s norms, he needs to be removed from it in a way that others avoid being in the same predicament.
Among the guiding Principles of Islamic Law is that the accused be granted the benefit of the doubt. Further, people don’t need to confess their crimes or report offenses committed by others. The Prophet SAW is reported to have said: “He who commits any of these filthy acts should keep it concealed under the cover that Allah has placed over it. If he exposes it, however, we will enforce on him the punishment laid down in the Book of Allah.” [Malik, Muwatta, K. al-Hudud] There are other similar reports on advice given by the Prophet SAW, including: “Avoid enforcing Hudud as much as you can.” [Ibn Majah]
Like any criminal offense, the punishment for zina can only be carried out after the due process of the law. Either the guilty voluntarily comes forward and willfully offers a confession or, if accused, four eye-witnesses to the commission of the actual act must testify under oath for a conviction. Besides other sanctions, the punishment for a false witness is flogging each witness with eighty lashes: “Those who accuse chaste women (of unchastity), but do not produce four witnesses, flog them with eighty lashes, and do not admit their testimony ever after…” [Q, 24: 4]. Given the Prophet’s numerous clemency statements, in addition to the provisions for repentance for undetected offenses, and these astringent conditions for a conviction, the enforcement of punishment by stoning, as harsh as it may sound, is highly unlikely, except in an extremely rare incident in the case of an openly bizarre display of indecency witnessed by at least four individuals. Islam’s penal code is very lenient. It provides ample opportunities for people who commit offenses to repent and reform. In contrast, the society is paramount in Islam. Its safety and security override all considerations for protecting its moral integrity as a top priority.
For clarity, it must be added that the Islamic Laws cannot be applied in a piece-meal manner or in a non-Islamic environment. Only the authorities in a fully functional Islamic society that meets the prerequisites and creates the necessary conditions conducive to such laws to be relevant and effective can implement them. Else, the law of the land prevails and must be upheld.
To fully appreciate the ripple effects of unrestrained promiscuity and its disastrous consequences for society and its civic order, this issue should be examined in a broader context. Without righteous leadership and strong social and moral direction from the top, people tend to slack off and begin to diverge from deeply held norms. As such a behavior mushrooms over time with no rebuke, deviant practices get normalized using fancy jargon, like consensual relationships, dismissing their detrimental impact on society and long-term consequences. Being itself implicated and compromised, the callous leadership follows the path of least resistance. What becomes uncontrollable becomes acceptable. The concept of sanctity loses its relevance.
Many Western societies, considered progressive, are plagued with promiscuous culture in the name of personal freedom. The first casualty of this unhinged personal freedom is the family structure and its stability. The institution of marriage has been marginalized. A marriage makes no sense anymore in a culture of pragmatism, transactional attitude, and normalized infidelity. The marriage rate in America, for instance, has fallen below 50%. Of those who do get married, half of them get divorced, however. The leading reasons reported for marriage breakdown include extra-marital affairs. The divorce rate for the second marriage is even higher, at 67%. The subsequent marriages have escalating rates of mortality. The average life of a marriage is about seven years. To remain open-ended, 20% of couples live together without a marriage contract.
The statistics for children are even more shocking. In the US, 40% of children are born out of wedlock. This includes 33% born with unknown fathers. Over 21 million children are raised by 14 million single parents. Of the single parents, 80% or 11.2 million are single mothers raising about 16.8 million children. One-third of single mothers raising about 5.6 million children, fall below the poverty line, and society is forced to foot the bill. This is not the worst, yet.
Research studies have shown that children from broken families or living with single parents suffer enormously in several ways. Besides entrenched emotional trauma, most cannot rise to their gifted potential. Many become victims of social problems including drug, alcohol, violence, and disorderly conduct. The ripple effect continues as these children exhibit some of the same characteristics they witnessed in their childhood days. They are more likely to have dysfunctional families of their own as they grow; and, thus, the vicious cycle continues. The cumulative impact of infidelity and the decaying family system on society is immeasurable in human terms and it is transgenerational. This is the cost of ill-conceived personal freedom. Islam recognizes personal freedom, but it cannot be at the expense of the larger interest of society.
Islamic Point of View 