In the Name of God, the Merciful, the Beneficent
As for the adulteress and the adulterer, flog each of them with a hundred stripes, and let not compassion for them keep you from (carrying out) this law of God, if you truly believe in God and the Last Day; and let a number of believers witness their punishment.
The adulterer couples with none other than an adulteress or an idolatress; and with the adulteress couples none other than an adulterer or an idolater. This is forbidden to the believers.
As for those who accuse chaste women (of adultery), and cannot produce four witnesses, flog them with eighty stripes; and do not accept their testimony ever after; for they are indeed transgressors. Excepted are those who afterward repent and make amends; for God is much-forgiving, merciful. (Light, Al-Noor: 24: 2-5)
As we have seen over the last couple of weeks, Islam prescribes a very heavy penalty for adultery. However, Islam does not legislate such a penalty without first putting in place sufficient legislation that protects people against falling in sin. It also ensures that the punishment is not enforced except in cases where there is certainty about the offence and its perpetrators. Islam is a complete code of living that is not based on punishment. Its basis is to provide all that promotes a clean and pure life. If some individuals then abandon such a clean and easy life in order to deliberately submerge themselves into filth, they incur such heavy penalty. In this Surah we have some examples of such numerous measures, which we will discuss in their appropriate contexts.
When a crime takes place in spite of all these measures, Islam prevents the infliction of the penalty wherever possible. The Prophet says: “Spare Muslims the infliction of mandatory punishments wherever possible. If there is any way out for the accused, let him go unpunished. It is better that the ruler errs on the side of pardon, rather than punishment.” (Related by Al-Tirmidhi) In the case of adultery, Islam requires four witnesses to testify that they have seen the offence, or else, a clear and confirmed confession.
It may be suggested, then, that the punishment is unreal and unenforceable, which renders it ineffective as a deterrent. As we have said, punishment is not the basis of the Islamic approach; its basis is prevention, education and cultivating people’s finer feelings and consciences so that they refrain from even contemplating this offence. It only punishes those who are intent on committing the crime, paying little regard to society, so as to be seen by four witnesses. It also inflicts the punishment on those who wish to purify themselves of the effects of the offence after having committed it, confessing to their offence. This is what happened in the case of Ma’iz and his Ghamidi consort when they went to the Prophet requesting him to inflict the punishment so as to purify them of their sin. Both were insistent, in spite of the Prophet turning away from them time after time. In fact, they confessed four times each, which left no option for the Prophet but to inflict the punishment. The confession was no longer suspect. The Prophet says: “Spare yourselves mandatory punishments; for when I have established that a sin carrying such a punishment has been committed, it must be done.” (Related by Abu Dawood)
Thus, when certainty is established and the matter has been put to the ruler, or judge, the mandatory punishment must be applied, with no compassion shown to the offenders. Such compassion is misplaced, because it is in fact cruel to the community and human morality. God is much more compassionate to His creatures and He has chosen what He knows to serve their interests best. When God has made a choice in a particular case, no believer, whether man or woman, may have a counter-choice. Nor is it right that anyone should speak out against such a punishment, describing it as hard or savage. It is indeed much more compassionate than what awaits a community that allows adultery to spread, corrupting nature and sinking into a cesspool of carnal desires.
Prescribing a very hard punishment for adultery is not sufficient, on its own, to protect the Muslim community and ensure the purity of its atmosphere. Therefore, a supplementary order is given to isolate the adulterers from the rest of the Muslim community. It goes further to remove the air of the offence from the Muslim community, prescribing a heavy punishment for those who accuse chaste women of adultery without providing firm evidence in support of their accusation: “As for those who accuse chaste women (of adultery), and cannot produce four witnesses, flog them with eighty stripes; and do not accept their testimony ever after; for they are indeed transgressors. Excepted are those who afterward repent and make amends; for God is much-forgiving, merciful.”
Allowing people to accuse chaste women, whether married or not, without a clear proof means that people could always make such accusation, fearing no repercussion. This means that the Muslim community finds itself with a stained reputation. Every individual is threatened with false accusation. Every man suspects his wife, and every wife suspects her husband, and people doubt their legitimacy. In such an intolerable state of doubt and suspicion, every family is undermined. Moreover, when such accusations are frequently made, those who steer themselves away from adultery will begin to think that the crime is common in society. Thus, people begin to think about adultery in a different light, with its ghastly nature sounding less ghastly as a result of its frequent mention. Those who would not have contemplated it at all may begin to think of doing so, feeling that many others are doing it.
Thus, in order to protect people’s honor and their suffering from suspicion as a result of uncorroborated accusations, the Qur’an prescribes for false accusation a punishment that comes close to that of adultery. The punishment is flogging with 80 stripes, rejecting their testimony in any case or situation, and giving them the label of transgressors. The first part of the punishment is physical, while the second is moral. It is sufficient that the accuser is deprived of the right to testify, and considered unreliable. The third part is religious. The one guilty of false accusation is following a line that deviates from that of faith. The only way out is that the accuser should provide four witnesses who have seen the offence being committed, or three alongside him if he himself has seen it. If the four give such testimony, the accusation is proved and the punishment of adultery is enforced on the perpetrator.
Arab News Islam 14 July 2003