I was reading this book on islamic jurisprudence and i came across adultery and the punishment for adultery.
In order to stone someone to death for this crime specific conditions have to be met but when i read these conditions their impossible to meet so how can you islamically punsih a person for adultery?
In Islam it's a difficult thing to prove because the punishment is so serious, if it was not difficult to prove it, then there would be many false accusations and innocent people being punished.
It's difficult in order to protect the innocent and the honour of the people.
You will rarely hear of 4 people actually witnessing the act, most times someone is found guilty of adultery and punished for it, it involved an admission on their part (not always but most of the time). They could admit to the sin for many reasons.
Sister, the point is Allah doesn't like to punish us and its just part of his justice that he punishes the sinner so that at least after the punishment, the sinner turns to him and starts believing. It is mentioned in the Qur'an in Surah Nisa verse 147:
What can Allah gain by your punishment, if ye are grateful and ye believe?
and Allah is merciful even to a sinner who commits a sin as grave as Zina. The four witnesses are like an excuse to postpone or even cancel the punishment completely. It can also be said that the punishment is for those who commit zina openly because it just doesn't require one or two but 4 witnesses.
A boy and girl could be doing something wrong in a room and suddenly someone enters the room. The possibility is very less because in such situations precautions are taken, isn't it? Even if someone enters, there have to be four people for it to be taken to the court and it is possible that one of them might not wanna go there.
So though Zina has hadd punishment but Allah has given the Zaani and Zaaniyah freedom to conceal it and seek his forgiveness.
Allah doesn't like to punish but he's also the Most Just. The 4 witnesses are more for giving the sinner another chance than carrying out the punishment.
If Allah helps you, none can overcome you; and if He forsakes you, who is there after Him that can help you? And in Allah (Alone) let believers put their trust.
Surah Ale Imran : 160
It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said:
The Prophet (blessings and peace of Allaah be upon him) climbed up Uhud, accompanied by Abu Bakr, ‘Umar and ‘Uthmaan, and the mountain shook with them. He struck it with his foot and said: “Stand firm, O Uhud, for there is no one on you but a Prophet or a Siddeeq or two martyrs.”
Narrated by al-Bukhaari (3483)
Allah (Subhaanahu Wa Taala) does not inspire seeking forgiveness in a slave whom he wishes to punish.
thank you for your replies brothers nays and ali.
also there is a story or a hadith of this woman who kept on coming to the prophet in order to punished for zina, but the prophet kept sending her away with tasks, is there something to be taken away or a message the prophet peace be upon was trying to make by constantly sending her away?
thanks in advance
The name of that woman isn't mentioned in the reports (at least the ones which I've seen or heard of). She's known by the title of the "Al-Ghamidia woman". The reason why the Prophet (peace and blessings of Allah be upon him) kept sending her away could be that he wanted her to repent and avoid the punishment. Knowing the brutality of the punishment, even the Prophet (peace and blessings of Allah be upon him) didn't want to carry it out but ultimately he did it because of the orders given in the Qur'an and also that the woman was firm on attaining forgiveness from Allah even if it was through stoning to death. After her death, the Prophet (peace and blessings of Alah be upon him) even prayed for her. You might have come across that part as well in your reading. He also said that the regret of that woman was enough for the salvation of all the people of this city.
Other than the woman, there was also Maaiz bin Malik who was stoned to death during the time of the Prophet (peace and blessings of Allah be upon him) for commiting Zina. In Maaiz's case as well he was turned away by the Prophet (peace and blessings of Allah be upon him) a lot of times when he confessed his sin. Like I said in my previous post, its Allah's mercy that the punishment should be avoided as much as possible where there is sincere repentance and to be executed only on those who persist in wrongdoing and do it publicly.
If Allah helps you, none can overcome you; and if He forsakes you, who is there after Him that can help you? And in Allah (Alone) let believers put their trust.
Surah Ale Imran : 160
It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said:
The Prophet (blessings and peace of Allaah be upon him) climbed up Uhud, accompanied by Abu Bakr, ‘Umar and ‘Uthmaan, and the mountain shook with them. He struck it with his foot and said: “Stand firm, O Uhud, for there is no one on you but a Prophet or a Siddeeq or two martyrs.”
Narrated by al-Bukhaari (3483)
Allah (Subhaanahu Wa Taala) does not inspire seeking forgiveness in a slave whom he wishes to punish.
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