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randomquestions
03-31-2016, 02:11 AM
Assalam alaykum

This question is completely random and hypothetical. I am a man, and may Allah SWT protect us all from such a crime. I know the Islamic punishment for adultery is stoning, and I know that the punishment can only be carried out if there are 4 unforced confessions, 4 witnesses, or the spouse swearing 4 times by Allah SWT to what they saw and the fifth to encur the wrath of Allah if they are lying. I was wondering if a wife confessed to her husband once, could he go to the shariah court and have the punishment applied? Also, can a wife accuse her husband of adultery and swear four times and the fifth to encur the wrath of Allah if she's lying?

Jazakullah khair
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BeTheChange
03-31-2016, 06:22 PM
Walaikumasalaam,

The below answer may help;

If it is asked: who is it that should carry out this hadd punishment for zina? The answer is: No one should carry out the hadd punishments without the permission of the ruler. If there is no ruler who rules according to sharee’ah then it is not permissible for the ordinary people to carry out the hadd punishments. Whoever does that is sinning, because carrying out the hadd punishments requires examining the matter and requires shar’i knowledge in order to know the conditions of proof.

The ordinary people have no knowledge of such things, and the carrying out of one of the hadd punishments by the ordinary people leads to many evils and the loss of security, whereby people will attack one another and kill one another or chop off one another’s hands on the grounds that they are carrying out hadd punishments.

Al-Qurtubi said:

There is no dispute among the scholars that qisaas (retaliatory punishments) such as execution cannot be carried out except by those in authority who are obliged to carry out the qisaas and carry out hadd punishments etc, because Allaah has addressed the command regarding qisaas to all the Muslims, and it is not possible for all the Muslims to get together to carry out the qisaas, which is why they appointed a leader who may represent them in carrying out the qisaas and hadd punishments.

Please visit https://islamqa.info/en/8980 for more information
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randomquestions
04-01-2016, 10:01 PM
I know only the ruler can carry out the punishment, that wasn't the question.
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Umm Abed
04-11-2016, 03:13 PM
Wa alaikum salam

It works both ways, from the man or woman's side.
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Muslim Woman
04-11-2016, 04:44 PM
:sl:


we are not encouraged to disclose our sin to human being which Allah has covered up . So , no question of wife's confession to husband and carry out punishment etc etc .


Ramadan is near . Let's focus our attention on the preparation of the holy month rather than hypothetical situation .

And Allah knows Best.
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