property of an orphan who has not attained maturity

The eighth among the Greater Sins is to usurp the property of an orphan who has not attained maturity.

This is categorized as a Greater sin by the Holy Prophet (s.a.w.s.), Imam Ali (a.s.), Imam Reza (a.s.), Imam Kazim (a.s.) and Imam Taqi (a.s.). It is a sin, the punishment of which is fixed by Allah to be the fire of Hell.

The Quran says,
"(As for) those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter burning fire."
(Surah Nisa 4:10)

It is mentioned in Tafsir-e-Kabir that one who cheats an orphan of his property will be raised on the Day of Judgement in such a condition that the flames of fire will be protruding from his mouth, nose and ears. By looking at him people will recognize that he is the one who in his lifetime had usurped the property of the orphans. The last phrase, "They shall enter burning fire" indicates that one who deprives an orphan of his rightful property will be liable to be burnt in Hell-fire, even if he has not committed any other sin.

The Almighty Allah says,
"And give to the orphans their property, and do not substitute worthless (things) for (their) good (ones) and do not devour their property (as an addition) to your own property; this is surely a great sin."
(Surah Nisa 4:2)

The above verse gives clearcut instructions to those who are guardians and caretakers of the orphans, on how to fulfill their responsibility. They should spend the property in their trust in a correct manner for the benefit of the orphan and without stinginess. A caretaker should be very cautious not to spend any of the orphan's money on himself. This is a very serious offence that will cause his entire Halaal wealth to become Haraam. Under no circumstances should an orphan's valuable possessions be substituted with anything inferior. Finally, when the child reaches maturity, all his property should be returned to him with complete honesty.

In the same chapter of Surah Nisa, Allah says in verse number nine:
"And let them fear who, should they leave behind them weakly offsprings, would fear on their account, so let them be wary of (their duty to) Allah, and let them speak right words."
(Surah Nisa 4:9)

It is mentioned in Tafsir-al-Mizan that whoever betrays the trust of orphans and oppresses them, their children will suffer a similar fate. This is an amazing reality that is revealed by the Holy Quran. Similarly in other numerous verses, the Quran informs us that the returns of our deeds are evident in this world itself. We will witness the results of our own actions. Every action has an effect on one who performs it, and we should be fully conscious of the fact that our sinful acts are not restricted to the sinner, but they come to bear on our children as well.

It is our confirmed duty to wish for others as we wish for ourselves. A good or bad action directed towards others therefore implies that we wish the same for ourselves. So, by carrying out these actions, we, in effect have prayed for it for ourselves. This prayer will not be rejected and we will be recompensed as we deserve.

The marvellous functioning of our body is the result of the co-ordination between the various composite parts and organs. We as individuals are also composite members of a large body, which is our community. Just as the malfunction of one organ in the body, causes distress in the other organs, so also whatever hurt or misery that we may inflict on another is bound to take us also in its grip. So it is, that the injustice we do to another's child will cause our own children to suffer the repercussions of our actions. It is of course another matter that the Almighty in his Infinite Mercy allows some of our good deeds to compensate for the bad actions.

"And whatever affliction befalls you, it is on account of what your hands have wrought, and (yet) He pardons most (of your faults)"
(Surah Shuara 42:30)

Undoubtedly, we must dread Allah's punishment and refrain from oppressing the orphans. We have to have kind and tender feelings for them as we have for our own children. If we trample upon the rights of an orphan or do any injustice to him or her, we can rest assured that the same fate will befall our own children after our death. The verse of Surah Nisa unequivocally states that oppressing an orphan is a Greater Sin. The horrible consequences of this sin are also mentioned clearly.

Punishment for Usurping the Orphan's Property is Meted Out in This World

It is recorded from Imam Ja'far as-Sadiq (a.s.) that Allah has ordained two penalties for appropriating the wealth or property of an orphan:
"The first punishment is in the Hereafter, and that is the fire of Hell. The second one is in this world itself. As indicated by the following verse of Quran:
"And let those fear who, should they leave behind them the weakly offspring, would fear on their account, so let them be careful of (their duty to) Allah, and let them speak right words." (Surah Nisa 4:9)

Whatever has been mentioned in the Holy Quran, the same has been emphasized by Imam Ali (a.s.), Imam Ja'far as-Sadiq (a.s.), Imam Ali ar-Reza (a.s.). Other Tafsirs of Quran also give the same explanation. Imam Ali (a.s.) states: "Certainly one who usurps the orphan's property, his own children shall be similarly dealt with in this world in the near future and he will suffer for it in the Hereafter."(Behaarul Anwaar)

Ali (a.s.) has also mentioned:
"Do good to the children of others so that good may be done to yours (after you are dead)."

Imam Ja'far as-Sadiq (a.s.) has informed:
"If one oppresses someone, Allah will appoint an oppressor upon him or upon his children."
(Al Kafi)

This is not Against Divine Justice

We may wonder as to why the innocent children who are not at fault and in no way responsible for the misdeeds of their parents should be the target of oppression and injustice meant for their parents. Is this not against Divine Justice?

The answer to this objection is simple. Allah does not appoint any oppressor but when someone oppresses the children, Allah does not restrain him. Allah witholds His Mercy and favour.

Bad behaviour towards the children implies that the father wishes the same for his children and also that he has not wished Allah's Mercy and favour upon his children.

Hazrat Imam Ja'far as-Sadiq (a.s.) has stated:
"If the father is virtuous the Almighty Allah protects the children."

As mentioned in the Quranic verses of Surah Kahf:
"And as for the wall, it belonged to two orphan boys in the city, and there was beneath it a treasure belonging to them, and their father was a righteous man, so your Lord desired that they should attain their maturity and take out their treasures, a mercy from your Lord..."
(Surah Kahf 18:82)

Thus it is clear that the Mercy and favour of Allah upon the orphans is due to the righteousness of their father. On the other hand if their father had oppressed others than this would have caused them to be deprived of Divine Mercy and favour.

Tradition that Denounces the Usurpation of Orphan's Property

Umar bin Zurarah says that he enquired from Imam Ja'far as-Sadiq (a.s.) regarding the Greater Sins. He said:
"One of the Greater Sins is illegal appropriation of the orphan's property."
(Behaarul Anwaar)

Imam Muhammad Baqir (a.s.) narrates from the Holy Prophet (s.a.w.s.) that he said:
"On the day of Qiyamat some people would arise from their graves in such a condition that flames of fire would be protruding from their mouths."

The people asked, "O! Messenger of Allah who are these people?"

The Prophet replied:
"Those who have illegally appropriated the property of the orphans."
(Behaarul Anwaar)

Imam Reza (a.s.) was asked, "What is the smallest quantity of the orphan's property the appropriation of which causes one to enter the fire (of Hell)?"

He replied:
"When one consumes something belonging to the orphan without the intention of returning it to him. There is no question of less or more."

The Holy Prophet (s.a.w.s.) says:
"On the night of ascension (Meraj) when I was taken to the skies I decried a group of people whose bellies were being stuffed with fire. And the fire was spilling from their anal openings. I asked Jibraeel, who they are? Jibraeel replied, 'They are those who used to usurp the property of the orphans unjustly'."
(Wasaelush Shia)

The Death of a Creditor and His Minor Children

A person who has minor children and had given loans to others, and dies without making any arrangement for their recovery, will be counted as one who has misappropriated the wealth of orphans. Because after the death of the father the children become the owners of his property. However, the dead father would only be accountable for that portion of the loan which is the share of the children.

Severe Pain in the Eyes of Amirul Momineen (a.s.)

Once Hazrat Ali (a.s.) had sore eyes. The pain was so severe that he was groaning loudly. The Holy Prophet (s.a.w.s.) came to visit him and said:
"Is this sighing and groaning due to the restlessness or due to severe pain?"

Ali (a.s.) replied:
"I have never had such severe pain."

The Holy Prophet (s.a.w.s.) related to him a tradition which was so frightening that Ali (a.s.) forgot his pain. The tradition is as follows:

A Frightening Tradition

The Holy Prophet (s.a.w.s.) says:
"O! Ali, When the Angel of Death (Israel) comes to a disbeliever he will come wme wa mace of fire. He will extract his life painfully. Seeing this, Hell will scream loudly (so that it may take this disbeliever to itself soon)."

Hearing this Ali (a.s.) sat up abruptly and said:
"O Messenger of Allah (s.a.w.s.), repeat to me this tradition. I have forgotten my pain after listening to it." Then he enquired, "Will anyone's soul from your Ummat be also extracted in this way and will anyone be subjected to such a severe punishment?"

The Holy Prophet (s.a.w.s.) said:
"Yes! There are three types of people among the muslims whose souls shall be taken out this way. First group is of the unjust rulers. The second is of those who unjustly appropriate the wealth of orphans and the third is of those who give false witness."

Kindness Towards Orphans

Injustice and oppression to the orphans brings severe punishment in this world as well as Hereafter. In the same way kind and gentle behaviour towards them earns countless rewards in this world, as well as the Hereafter. Especially blessed by Allah are those who protect the orphans and take the responsibility of being guardians to them. Numerous traditions have been recorded concerning this. A few of these are quoted below.

Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"One who maintains the orphans, Allah makes Paradise Wajib upon him, in the same way as he makes Hell Wajib upon those who usurp the property of the orphans."

The Holy Prophet (s.a.w.s.) says:
"I and one who maintains an orphan would be together in Paradise in the presence of Allah, in the same way as these two fingers are together."

And he pointed out to his index and the middle finger joined together.

According to a tradition, The Holy Prophet (s.a.w.s.) and one who maintains an orphan, will not be separated nor would there be any barrier between them in Paradise.

The Prophet (s.a.w.s.) has also stated:
"If anyone from you becomes the guardian of an orphan and deals kindly with them, and he fulfills these actions satisfactorily, and he strokes the head of the orphan with sympathy, then Allah necessarily writes good deeds equivalent to the hair covered by his hand and forgives sins equal to the number of hair, and raises his position in grades equal to the hair of the orphan's head."

Elsewhere the Holy Prophet (s.a.w.s.) has been reported to have said:
"When an orphan cries the Heaven shudders, then Almighty Allah says, 'O Angels, Is this the same orphan whose father has been buried in the earth?' The Angels reply, '(O Allah) you are the all-knowing.'

Then Allah would say, 'O My Angel be a witness. Whoever consoles this orphan and makes him happy, I will make him happy on the day of Qiyamat.'"

The caressing of an orphan's head removes callousness from the heart. There are many tradition which indicate this. However, only a few shall suffice for our discussion.

Guardian of Minor Children

The boy who has not reached the fifteenth year cannot spend from his wealth. In the same way the girl who is not yet nine years of age cannot spend from her property. A minor boy or a girl cannot spend from their wealth in any way. Only their guardian has the right to spend from their wealth for their upkeep. The foremost guardians, according to Shariat are the father, grandfather, mother and grandmother. The next in order is the one who is appointed a guardian after the death of the father and grandfather. He has the right of maintaining the orphans.

If the father and the grandfather die without appointing a trustee for the children, the legal guardian is the ruling Mujtahid or someone appointed by the Mujtahid. In a situation where a ruling Mujtahid is also not present, the Momineen shall maintain the orphans. (This is called Udool-al-Momineen in religious terminology). It would be explained at an appropriate place.

The Affairs of the Orphans Should be Conducted With Care

The guardian of an orphan shoulders a very serious responsibility. He should judiciously spend for all the needs of the orphan, neither being miserly nor extravagant.

The guardian should strictly maintain the account of the orphan's expenditure separately and club it with his own family expenses. Since it would be more convenient and economical to cook the orphan's food along with the food for the rest of the family. But the expenses incurred for the orphan must be accurately calculated. It would be highly commendable if the guardian took a little less as the orphan's share than the calculated amount. He would indeed gain Allah's immense pleasure.

At times, however, due to the dietary requirements of the orphan, it may be necessary to cook his food separately. This would certainly pose some problems. But the main thing the guardian has to keep in mind is the wellbeing of the orphan and an honest assessment of his expenses.

This has been permitted because it is easier and much more economical then having food cooked separately for the orphan. However, if there is a great difference between the dietary requirement of the orphan child and other family members, it would be very difficult to adhere to this arrangement. For example, if a child does not eat meat and rice, then it would be difficult to have his food cooked together with the main dish. The thing to be taken care of, is that the well-being and property of the orphan is maintained.

A verse of Surah Baqarah says:
"And they ask you concerning the orphan's; say: To set right for them (their affairs) is good, and if you become co-partners with them, they are your brethren; and Allah knows the mischief-maker and the peace-maker..."
(Surah Baqarah 2:220)

The above verse was revealed at a time the people were confused as to how they should handle the money of their orphan wards. The verse revealing the severe punishment for those who misappropriate an orphan's property had struck such fear into the hearts of guardians that they started cooking the orphan's food separately. They would not even touch the leftovers and allowed them to rot. They then approached the Holy Prophet (s.a.w.s.) in a dazed state of mind and the above verse was revealed.

It is evident that we must live together with the believing brother. The Omniscient Allah knows what is in our heart, and is aware of our intentions. He knows who intends to misappropriate the property of the orphans and who wants to put right their affairs.

The Wealthy Guardian of the Orphans

It is recommended that a wealthy guardian should maintain an orphan. He will enjoy boundless blessings of the Hereafter fixed by Allah for this gracious act.

As the Holy Quran states:
"...And whoever (of the orphan's guardian) is rich, let him abstain altogether (from spending of the orphan's wealth)..."
(Surah Nisa 4:6)

The Impoverished Guardian of the the Orphans

If the caretaker of the orphan is poor, he can charge for his services. Concerning the remuneration of these services there are three legal opinions. Some scholars are of the opinion that he can charge an amount generally believed to be appropriate. The second opinion is that he must take only as much as is necessary for his own upkeep, and no more. The third view point is that he must find out the generally accepted remuneration and the expenses of his own upkeep; and charge the amount which is less. This is a precautionary measure and the most recommended one.

The Property of the Orphan Must Be Guarded Till He Attains Maturity

It is not permissible to hand over an orphan's money to him before he reaches maturity. The guardian will be held liable, if he is careless in this matter and the orphan suffers a loss as a result. On the other hand an orphan's property should be restored to him immediately, once he reaches maturity.

Signs of Puberty

Maturity is recognized by any one of these three signs:
1) The completion of fifteen lunar years for the boy and nine lunar years for the girl.
2) Growth of pubic hair.
3) Discharge of semen in boys.

What is the Meaning of Rasheed?

The Quranic verse says,
"And test the orphans until they attain puberty; then if you find in them maturity of intellect (Rasheed), make over to them their property..."
(Surah Nisa 4:6)

The maturity of intellect (Rasheed) in this connection means maturity in the financial affairs. This maturity is reflected in the child's capacity to handle his day to day needs without there being any risk of loss and wasteful expenditure. At this stage it is Wajib to hand over to the orphan his wealth and property.

In other words it is Wajib to restore the wealth and property of an orphan when he attains puberty and maturity of intellect. 

The ninth Greater sin is usury. That it is classified as a Greater Sin is clear in traditions recorded from the Holy Prophet (s.a.w.s.), Imam Ali (a.s.), Imam Ja'far as-Sadiq (a.s.), Imam Musa al-Kazim (a.s.), and Imam Muhammad al-Taqi (a.s.).

According to the glorious Quran, taking interest is a sin that incurs severe Divine punishment. The punishment for usury as mentioned in the Quran is far more severe than the punishment for other sins. It is announced in Surah Aale Imran:
"O you who believe! Do not devour usury, making it double and redouble and be careful of (your duty to) Allah, that you may be successful. And guard yourself against the fire that has been prepared for the unbelievers.
(Surah Aale Imran 3:130-131)

It means that the fury of the fire that is prepared for those who take interest will be just as intense as the fire prepared for the unbelievers.

The verse of Surah Baqarah says,
"Those who swallow down usury cannot arise except as one whom Shaitan has prostrated by (his) touch does rise. That is because they say, trading is only like usury; and Allah has allowed trading and forbidden usury. To whomsoever then the admonition has come from his Lord, then he desists, he shall have what has already passed, and his affair is in the hands of Allah; and whoever returns (to it) - These are the inmates of the fire; they shall abide in it."
(Surah Baqarah 2:275)

The above verse confirms that the usurer will remain in Hell eternally and there is no salvation for him. Allama Muhammad Husain Tabatabai, in his Tafsir, 'al-Mizan' says that the punishment ordered by Allah for usury is so severe, that such severity is not mentioned even for disobedience to any of the Furu-e-Deen. Another equally serious offence is to nurture friendship with the enemies of Islam. The direct ill-effects of usury are clear and evident. Hoarding of wealth increases the disparity between the rich and the poor. Poverty is a malady that can degrade and humiliate its victims, erode his values and destroy his morals. This in turn leads to corruption, theft and murder. Those directly responsible for destroying the social equilibrium, are the hoarders, who amassed wealth and thus it was unavailable to those who needed it. The total disintegration of the social fabric can precipitate a civil war and further a world war which brings with it only death and destruction. In the world of today with the advances of the nuclear and chemical weapons, war does not only bring death to the humans, but leaves them a caricature, sick and maimed and deformed for generations to come.

The direct ill effects on the Muslim society as a result of friendship with those opposed to Islam, are also clear and evident.

History has recorded that friendship with the enemies of Islam can only be bought at a price. The price in this case is to compromise. Compromise on the tenets, the culture and the spirit of Islam, till a time comes when the country loses its identity as an Islamic society.

Usury is Against Intellect and Shariat

The verse of Surah Baqarah which is quoted above, says that those who take usury (interest on loan) shall be counted among mad people (whom Shaitan has touched). On the Day of Judgement people will recognize them from their madness that they had been taking usury. Their sanity would be destroyed, because in this world they have acted against intellect and Shariat. They have been oblivious of humanity and the needs of humanity. They did not deal equitably with others and disobeyed the law of co-operation. Actually these people had been insane in the world, because they have followed the direction of Shaitan and performed such insane acts.

Is Trading and Usury One and the Same?

This argument is obviously foolish. There is nothing comparable between interest and trade. There is equity in business transactions because there is a mutual agreement between the two parties and both stand to gain or lose. In trading, a seller sells an article to the buyer at a price mutually acceptable to both, and the matter ends there. But taking interest is a clearcut case of exploitation. A person with surplus money, which he does not need, lends it to someone who is in dire need. The needy person agrees to pay interest which he can ill afford; not because it is acceptable to him but because of his compelling situation.

Interest and Inequality of Classes in Society

Undoubtedly, usury is an unjust and oppressive evil. It is against human nature and human dignity. It increases the riches of the wealthy and drives the impoverished to further depravation.

Understandably, the exploited poor begin to hate the rich. The pent-up hatred then finds an outlet in the form of violence and bloody revolutions.

In the book "Islam and World Peace" it is written, "Islam says that earning should be only in return of efforts and work. because capital itself cannot do any work and make any effort. Hence the wealth of the rich man should not be increased by taking usury."

Increasing wealth by usury is the easiest form of making money but Islam forbids it. Wealth cannot be accumulated by forcing the helpless poor into further destitution; and usury does just that, causing economic imbalance and trampling upon human rights, equity and justice. Maulana Sayed Abul Ala Maududi of Pakistan has written a comprehensive and interesting book on usury that describes its evil effects and the arguments are supported by statistics.

The needy person ends up returning not only the amount loaned to him but far in excess of it. The excess can even amount to more than the principal amount if the repayment is delayed. Taking interest imposes an excruciating financial burden on one who is already needy and it is nothing short of blackmail. Needy people should be given loans without interest. This promotes a feeling of friendship, co-operation and charity.

Interest for Goodly Loans

To give a loan on interest not only destroys the economic balance in the society, it also inflames the feelings of hatred, enmity and selfishness.

The One Who Indulges in Usury is Deprived of Goodness

There are too many disadvantages of taking interest. The earnings of one who takes interest, loses 'Barakat' (abundance and prosperity). Whereas the earnings of hard toil have much 'Barakat'.

The Holy Prophet (s.a.w.s.) says in one of his traditions:
"Worship consists of seventy parts. The most important is lawful earnings."
(Wasaelush Shia)

The Prophet (s.a.w.s.) also says:
"The truthful trader shall be counted among the prophets on the Day of Judgement. His face would glow like a full moon."
(Muhajjatul Baidha)

The Usurer Does Not Place Trust in Allah

Another misfortune of the usurer is that he loses trust in Allah. He does not pray to Allah to give him 'Barakat'. All his hopes are pinned upon the interest that he collects from his debtors and this is polytheism as discussed in the section on 'Shirk'.

Another point to be noted is that in normal business there is a possibility of both gain and loss. So the businessman not only puts in sincere efforts but prays to Allah for success and profit in his endeavour. An usurer has no fear of loss and feels no intuitive need to pray to Allah for his 'Rizq'. He is thus deprived of an important facet of religion.

The Reward of Giving a Loan is More than that of Sadaqah

One who takes interest is deprived of the rewards that are prescribed for giving a goodly loan. If there are ten merits in giving Sadaqah, the interest-free loan has eighteen merits. An interest-free loan is therefore more rewarding than Sadaqah in the way of Allah. A person who gives respite to his debtors and does not take interest is given a reward that is equivalent to charity of the said amount every day for the number of days that he extends. It is evident that the usurer does not qualify for such rewards. In fact he is afflicted with miserliness and greed, which only increase day by day. Surely the result of miserliness and greed is Hell.

The Fate of the Usurer

We have already seen from the verses of the Holy Quran, the sayings of our Holy Prophet (s.a.w.s.) and of our Imams (a.s.) that the punishment for usury in more severe than that of other sins. We have also discussed the reasons for this. Islam classifies usury as the greatest of the Greater Sins and its punishment is the severest of all punishments. If the usurer does not repent for his acts, his end will be with the disbelievers and those whose eternal abode is Hell. The usurer shall never be released from Hell.

"To whomsoever then the admonition has come from his Lord, than he desists, he shall have what has already passed, and his affair is in the hands of Allah, and whoever returns (to it) these are the inmates of the fire, they shall abide in it."
(Surah Baqarah 2:275)

However there are certain ways to compensate for this sin and pray for forgiveness. Certain sinful acts are forgiven by just repenting sincerely. If a Polytheist repents for his sins and becomes a Muslim, a great sin like 'Shirk' is forgiven. He does not have to do anything more than that. But there are some sins that require compensation in addition to sincere repentance i.e. like the one who has Qaza prayers and fasts. Along with repentance he must perform all the prayers and observe all the fasts due on him. Similarly in the case of interest, the penitent should give back the amount that he has taken as interest from his debtors.

No Barakat in Interest

The above Quranic Ayat continues:
"Allah does not bless usury, and he causes charitable deeds to prosper, and Allah does not love any ungrateful sinner."
(Surah Baqarah 2:276)

Charity spreads peace, promotes beneficence and love in society, whereas usury destroys peace and hardens the hearts of the people.

When usury spreads its roots in society, people have no hesitation in usurping each other's rights. They are only driven by a feeling of enmity, hatred and a passion of revenge. A society devoid of harmony and co-operation cannot progress, it destroys itself with its own corruption. Charity and Sadaqah on the other hand promote feelings of friendship, love and brotherhood. An atmosphere of peace and prosperity prevails which inspires people to further good deeds.

War With Allah and the Holy Prophet (s.a.w.s.)

The Noble Quran says,
"O You who believe! Be cautious of (your duty) to Allah and relinquish what remains (due) from usury, if you are believers. But if you do (it) not, then be appraised of war from Allah and His Apostle..."
(Surah Baqarah 2:278-279)

The proof of one's belief is in obedience of Divine orders. The same verse continues,
"...And if you repent, then you shall have your capital, neither shall you make (the debtors) suffer loss, nor shall you be made to suffer loss."
(Surah Baqarah 2:279)

One who does not obey this command must be prepared for war with Allah and His Prophet (s.a.w.s.).

Tafsir Minhajus Sadeqeen gives an explanation of this verse. It could mean that the severity of the sin of usury is such that if in this world a usurer were to come face to face with the Holy Prophet (s.a.w.s.), the Prophet's (s.a.w.s.) sword would be against him and the Prophet (s.a.w.s.) would be prepared to fight him. In the Hereafter the fire of Hell shall keep him in torment by the order of Allah. The usurer must be fought till he submits to the Divine orders and refrains from taking usury. Traditional reports state that after the revelation of this verse, the Holy Prophet (s.a.w.s.) informed the Commissioner of Makkah that if the tribe of Bani Mughaira does not desist from taking usury, they must be fought against.

The Holy Prophet (s.a.w.s.) also said inter alia in a sermon at Makkah: "Know that the usury which has been accumulated in the period of ignorance is now condoned completely. First of all I condone the interest (that is upon your neck) of (my uncle) Abbas Ibne Abdul Muttalib."

Traditions Denouncing Interest

It is reported from Hazrat Imam Ja'far as-Sadiq (a.s.):
"Taking a Dirham as interest is worse in the eyes of Allah than doing illegal intercourse with Mehram women."
(Al Kafi)

Imam Ali (a.s.) says:
"The Holy Prophet (s.a.w.s.) has cursed one who accepts interest, one who pays interest, one who buys interest, one who sells interest, one who writes the contract of interest and one who is the witness of this transaction."
(Wasaelush Shia)

Ibne Baqeer relates that Imam Ja'far as-Sadiq (a.s.) was informed about the person who took interest and considered it as permissible as mother's milk. Imam (a.s.) said:
"If Allah gives me power over this man, I would strike off his head."
(Al Kafi)

It is clear that to consider interest Haraam is an article of faith. One who disregards this and says that interest is not Haraam becomes an apostate. The Imam (a.s.) can also have him killed.

Interest is Denounced in the Holy Quran

Samaa says that he asked Imam Ja'far as-Sadiq (a.s.) as to why Allah has mentioned the illegality of usury at various places. Imam (a.s.) replied:
"So that people may not forgo acts of charity (like giving interest-free loans)."
(Wasaelush Shia)

Imam Baqir (a.s.) said:
"The worst transaction is that which involves interest."
(Wasaelush Shia)

The Sinner is Deprived of Religious Faith

Zurarah says that I asked Imam Ja'far as-Sadiq (a.s.) concerning the Quranic verse:
"Allah does not bless usury, and he causes charitable deeds to prosper..."
(Surah Baqarah 2:276)

And added:
"But I see that wealth of usurers goes on increasing?"

Imam (a.s.) replied,
"What could be a greater loss? That in return of a Dirham of interest he loses his faith. And if he repents of his deeds in the world all his wrongfully earned wealth comes to an end and he becomes a destitute."
(Wasaelush Shia)

The Belly of the Usurer Shall Be Filled With Fire

The Holy Prophet (s.a.w.s.) says,
"One who takes interest, his belly shall be filled with an equal quantity of fire by Allah. If he has earned more from the interest money, Allah will not accept any of his deeds. And till even a grain of interest remains with him, Allah and his angels will continue to curse this man."
(Mustadrakul Wasael)

Punishment of Usurers in the Barzakh

The Holy Prophet (s.a.w.s.) has also stated:
"On the night of ascension (Meraj) I saw some people trying to stand up but did not succeed because of their huge bellies, I asked, O Jibraeel, who are these people?"

Jibraeel replied, "They are those who have taken usury. Now they can only stand up like those who have been possessed by the Devils."

The Prophet (s.a.w.s.) continues,
"Then I saw them herded upon the path of the followers of Firon. Seeing the extreme heat of the fire they exclaimed. O God! Then when will be Qiyamat?" (It is clear that the fire mentioned in the tradition is of the punishment of Barzakh).

Usurers Under the Feet of Firon

In another tradition it is said that when these people saw the followers of Firon they tried to get up and run away. But due to overlarge bellies they could not rise up and consequently the followers of Firon trampled them under their feet and moved on.

It is narrated from the Holy Prophet (s.a.w.s.) that he said:
"When adultery and interest becomes common in a town the angels are given permission to destroy its inhabitants."

Another Prophetic tradition in the same vein says:
"When the people of my Ummat start taking interest, tremors and earthquakes will be frequent."
(Mustadrakul Wasael)

Usury is Worse Than Adultery

The Noble Messenger of Allah says:
"If a man commits adultery with his mother in the Holy Kaaba this act shall be seventy times lighter than the act of usury."
(Wasaelush Shia)

Imam Ja'far as-Sadiq (a.s.) says:
"In the eyes of Allah, taking one Dirham of interest is worse than thirty incestuous acts."
(Wasaelush Shia)

A previous tradition describes this sin to be seventy times more than adultery. There is one more report where taking a Dirham is equated with twenty such acts.
(Wasaelush Shia)

Even in today's world, the scourge of interest has spread to such a magnitude that economies are on the verge of collapse. Some economists say that interest is necessary for development. If this had been true then Islam would not have prohibited it. At the present time there are two schools of economics whose ideology is not based on interest. One is Communism and the other Islam. Whereas the foundation of imperialist economy is based upon interest. Even the Communist and the Islamic schools of economies differ greatly.

Unlike the Communists, Islamic government has never felt the compulsion to accept interest as inevitable, in order to fit the logistics of economy. And yet, Islamic economy is not known to have weakened because it does away with interest.

Yes, it is a necessity for the few selfish and greedy people who wish to add to their already enormous wealth, by increasing the miseries of the poor and the destitute. Their aim is to enslave the deprived people. We are well aware of the logic of these hoarders.

Loan On Interest

A loan on interest is one whereby a person lends something with the precondition that it would be returned with fixed increment at a fixed time. The loan given may be money or any other article, say, one loans five Mounds of rice and expects to get back six Mounds. The increment demanded may be in the form of cash or kind, labour or even a favour.

For example, one may lend money with the condition that the borrower will return the money and also carry out some household chores for him. Or a lender may lend a sum of money for a year and in return stay in the house of the borrower for a year without paying any rent. Or a person may give gold as a loan and expect the borrower to make some jewellery free of cost. Whatever is taken in excess of what was given, irrespective of its form, is interest and is Haraam. Also it does not matter whether such conditions for giving loan were stated in the beginning or decided later. It is Haraam in any case.

Some Important Points

1) A transaction involving interest is Haraam. Charging interest is Haraam and paying interest is Haraam too. So if the borrower takes money on interest and uses it and earns some profit, the actual owner of the profit is the lender. For example, if he borrows some wheat and plants a crop, the crop that grows from this, rightfully belongs to the lender. However, if the lender has agreed that his loan can be utilised in such a manner, then the profit from it is the right of the borrower.

2) If one gives an amount to a trader with the understanding that he can return a lesser amount, it is permitted. For example, he gives a thousand Tumans to a trader in Shiraz and agrees to take nine hundred and ninety Tumans in Tehran, he is allowed to do so. This type of transaction is knows as 'Sarf-e-Baraat', since there is no involvement of interest.

3) If at the time of disbursement of the loan there had been no mention of interest and the loanee wishes to return the loan amount with an increase out of his own wish, it is not Haraam. In fact it is Mustahab. It is also Mustahab to repay the loan, if possible, before its due-date or before the lender demands it. It is also Mustahab for the debtor that when repaying the loan he should add something to it with the intention of giving it as a gift to the creditor. But the intention must be of 'gift'. It must not even remotely be thought of as interest. Similarly, it is Mustahab for the creditor to accept whatever extra is given to him as a gift, not think of it as an interest, and accept it as a goodwill.

Transaction Involving Interest

If any of the following conditions are present in a transaction, it becomes a transaction of interest, and is Haraam:
1) Whatever is taken and whatever is given back are of the same material but the quantities are unequal. Or if the quantities are equal, there is disparity in quality etc.

2) When only one standard of measure and weight is employed, the amount taken and given back is of unequal measure or weight. However, at the time of borrowing if the measure of weight is kilogram but while returning it, it is Seer or Pound it is allowed. In the same way whatever was taken by the unit of measurement as metre and returned by the units of measurement as foot or yard, is valid too.

In the same way it is Haraam for a person to lend one Mound of wheat for a month and in return borrow one mound of wheat for two months from the same person. Even though the quantity is the same, the transaction is Haraam because time is also a significant factor.

Three Important Points

1) In the matter of interest, wheat and barley are considered equivalent. Then if one gives a Mound of wheat and takes one and-a-half Mound of barley, it is interest, and thus Haraam.

Similarly, whatever constitutes the same basic material is regarded as equivalent. As an analogy one may think of the roots, branches and leaves of a tree as equivalent. For example, milk and curd are equivalent, grape-vinegar and grapes are equivalent, sugar and sugarcane are equivalent too. All these have to be loaned and given back in equal quantity or it will constitute interest and will be Haraam.

2) If a person gives one Mound of wheat and a handkerchief and takes back one and-a-half Mound of wheat, it does not constitute interest and is not Haraam. In this transaction one Mound of wheat shall be considered in lieu one Mound of wheat that is returned. And the remaining half a mound of wheat shall be in the lieu of the handkerchief. It is also possible that a person may give one Mound of wheat and a handkerchief and take back one Mound of wheat and some other article, for example, soap. In this way too he has not committed usury.

3) If a person first sells one Mound of his wheat for two Tumans and later purchases one and a half Mound of wheat for two Tumans, it is permitted. Since both these transactions are separate. It does not constitute usury.

It may be possible that Zaid sells a Mound of wheat to Khalid, and Khalid gives half a Mound of his wheat to Zaid as a gift. This is also permitted.

When taking interest is permitted

There are three types of people between whom the taking and giving of interest is allowed:
(1) Father and son: The father and son can enter into a transaction of interest. But a transaction of interest between mother and son is Haraam.

(2) Husband and wife: The husband and wife can charge interest from each other. For example one of them gives a hundred rupees and demand one hundred and fifty rupees in return. It is permitted.

(3) The Kafir who is not staying in an Islamic country: A Muslim can take back more but he cannot give him more. As far as the Zimmi Kafir (one who is staying in an Islamic country) is concerned it is Haraam to enter into a transaction of interest with him. Taking and giving of interest both are Haraam in this case. 

The tenth Greater sin is adultery (zina) according to the traditions of Masoomen (a.s.). Imam Ja'far as-Sadiq (a.s.), Imam Musa al-Kazim (a.s.), Imam Ali Reza (a.s.) and Imam Muhammad Taqi (a.s.) have all described it as a Greater Sin.

In the following ayat the Almighty says:
"And they who do not call upon another god with Allah and do not slay the soul which Allah has forbidden except in the requirements of justice, and (who) do not commit fornication and he who does this shall find a requital of sin. The punishment shall be doubled to him on the day of resurrection, and he shall abide therein in abasement."
(Surah Furqan 25:68-69)

The meaning of asaam (sin) and ghayyi (sexual desires)

The book Minhaaj us-Sadeqeen states that aasaam (sin) in this ayat denotes a valley of Hell. Fornicators shall be punished in this valley. It is also said that asaam means the secretions of blood and puss from the private parts of the people of Hell. It is a black puss.

Another ayat says:
"But there came after them an evil generation, who neglected prayers and followed the sexual desires, so they will meet perdition."
(Surah Maryam 19:59)

Some traditions record that the asaam of the previous verse and ghayyi (sexual desire) of this verse are two wells in Hell. These two wells are so terrible and deep that if a stone is dropped into one of them, it will take seventy years to reach the bottom.

It is mentioned in Surah Bani Israel:
"And go not nigh to Fornication, surely it is an indecency and an evil way."
(Surah Bani Israel 17:32)

It is an evil due to which paternity is not established. It leads to corruption and mischief. The child that is born is bereft of inheritance. The child that is born and its father do not have rights upon each other like the legal father and son.

An Evil Way to Fulfill the Sexual Urge

In the book, Balahae-e-Ijtemai the above ayat is explained as follows:
"One must not even go near fornication for it is a lowly act. It is a very dirty action and leads one astray."

The seriousness of this sin as mentioned in the Quran is evident from this ayat;
"... It is an indecency and an evil way." These words clarify the Islamic point of view, which opposes all types of indecencies and carnal desires. It shows that adultery is an indecent act and an evil way of satisfying the sexual urge. The Almighty Allah has created the sexual urge for continuation of the human race. He has also created a feeling of love and physical attraction between man and woman. If this sexual urge is satisfied in a disciplined manner, the human race is assured of peace and prosperity. It must be remembered that fornication contaminates the progeny.

But when this evil becomes prevalent in a society just to satisfy the basic instincts, it leads to destruction and despair.

Also, as a result of an immoral life countless people and their children suffer from debilating, deforming and incurable diseases. Huge sums of money are drained from the budget to take care of victims and to find a cure for such diseases. Innumerable illegitimate children are born ill and undernourished; destitutes without a home and with no one to care or be concerned for them.
(Balahae-e-Ijtemai)

Page number 131 of the same book describes the evil that has spread due to sexual crimes and illicit relationships. Such destruction and evil does not have an equivalent in the 20th century.

In the highly competitive world of today, man strives to use all his assets to optimal capacity. His efforts are fully concentrated in deriving the maximum efficiency from all his inputs so that he can achieve unprecedented progress in minimum time. So it is pity to see him make a wasteland of his most precious possessions, his natural instincts and desires gifted to him by Allah for his happiness and prosperity.

Like all branches of science, nuclear and medical science has also made a progress. Vast sums of money are poured into research for discovering new drugs that may save mankind from the scourge of these diseases. Yet, the number of people suffering from debilitating maladies resulting from immoral conduct are ever on the increase. In every country, countless such people have to be hospitalised over extended period of time. They wreck their own lives and are also a burden to society.

Every country makes ambitious plans to achieve progress and prosperity. But all these development plans come to naught as millions of illicit children are born, posing a challenge to the economy of even the most affluent countries. For the poor undeveloped countries the results are disastrous. Not only are the uncared children a drain on the country's economy, they even pose a law and order problem as they grow up uneducated in a condition of abject poverty and crime. A shocking survey of data reveals the enormity with which sexual crime has gripped the world.

According to Encyclopedia Britannica a majority of Americans contract venereal diseases. America has hundreds of special hospitals for patients with venereal diseases.

The book "Qawaaneene Jinsi" says that every year thirty-four thousand novel born children die of hereditary diseases. The deaths caused by these diseases are more than the deaths due to any other cause (except tuberculosis).

The 'Kahyan Daily' (no.5356) has mentioned,
"Dr. Maulin Norjoe who practices in North London, writes in his article that every year 50000 abortions of illicit children are carried out in London. One child out of every twenty newborns is illegitimate."

The daily 'Ittelat'(no.1414) writes that in 1957 America had illegitimate children numbering 201700. There has been a five fold increase in the next twenty years. This year, unmarried pregnant women numbered 24000. It is astonishing and pathetic that a majority of them are less than eighteen years of age. In Paris, of the total of 43515 new born children, 4145 are illegitimate. In the Soviet Union, every year 17000 illegitimate children are born.

The Evil Effects of Adultery in this World and the Hereafter

Imam Muhammad al-Baqir (a.s.) says:
"Fornication has six types of effects. Three are for this world and three for the Hereafter. The three evils which become evident in this world are:
1) The face of the adulterer loses countenance.
2) He falls into depravity and destitution.
3) His death draws near.

And the three punishments for Hereafter are:
(1) He is liable for Divine anger.
(2) His reckoning is severe.
(3) He abides forever in Hell."

Fornicator in the Barzakh

The fifth Imam (a.s.) has also said,
"Whoever commits Fornication with a Muslim, Jew, Christian or Magian woman, whether she is a slave or a free woman; and dies without repenting of his sin, then the Almighty Allah opens three hundred doors of punishment in his grave. From each door many snakes, scorpions and pythons emerge from the fire and burn and torment him till the Day of Qiyamat."

Fornicator on the Day of Judgement

Imam Muhammad Baqir (a.s.) describes the fornicator in detail and says that when he would be raised from his grave on the day of judgement he shall be in a horrible state.

The Imam says,
"When a fornicator will rise from his grave the stink of his body shall hurt the people. The people will know what deeds he had committed in the world. Till the Almighty Allah would order him to be thrown into the fire."

Then Imam Baqir (a.s.) continues,
"Know that Allah has prohibited Himself the Haraam things. He has also prescribed the rules and regulations of life. No one is more modest than Allah. It is His modesty that He has prohibited Fornication."

The stench of the Fornicator will be a nuisance for the people on the Day of Judgement

Hazrat Ali (a.s.) says:
"On the day of Qiyamat a bad smell shall be released by the order of Allah. And all the people will become restless because of it. So much so that it would be difficult to breathe. Then a caller will proclaim loudly, 'O people of Mahshar! Do you know what this stench is?'

They would reply, "We do not know! However this stink is causing great discomfort", then Imam (a.s.) continued,
"It is the bad smell from the sexual organs of the fornicators who died without repenting for their sins. O people, Allah curses these people, you too invoke curse upon them." Then there will be not a single person who would not say, 'O Allah send your curse (anger) upon these fornicators'
(Wasaelush Shia)

The Holy Prophet (s.a.w.s.) says:
"After me when Fornication will increase, sudden deaths will also increase."

He also said:
"Fornication causes depravity and destitution, and because of it, populated places become deserted."

Unknown progeny

Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"Allah has made adultery Haraam because it causes many evil things. Murder of innocent, lack of lineage and paternity, lack of training of children and lack of proof of inheritance."

Fornication With Pure Women

The punishment for illegal sexual act with a woman is hundred lashes. The penalty of illicit sexual intercourse between a married woman and married man is stoning to death.

Hazrat Imam Ja'far as-Sadiq (a.s.) says:
"There are three types of people with whom Allah will not even speak on the day of Qiyamat. There is a terrible punishment for them. One of these three group will be of the women who inspite of having husbands commit adultery with others."

The Holy Prophet (s.a.w.s.) says:
"Whoever commits Fornication with a married woman, both of their sexual organs will give out such a stink that it would be felt even at the distance of five hundred years. This stench will pierce the people of Hell. And such fornicators will be subjected to the most severe punishment." 

Islam Views the Problem from Every Angle

The book "Burhan-e-Quran" examines the punishment for adultery as prescribed in Islam keeping in mind the factors of human desires and sexual feeling, Islam has also enunciated the easiest ways of satisfying sexual desires and fulfilling sensual feelings. It has ordered its followers to marry at the beginning of puberty. It is the most recommended way.

The book also describes the punishment prescribed in Islam for adultery. It also discusses the way of life recommended by Islam which; if followed strictly; would minimise or even eradicate the practice of illicit relationships.

The Holy Prophet (s.a.w.s.) says:
"Marriage is my practice. One who forsakes this practice of mine is not from me."

The rules and regulations of marriage in Islam are simple so that there are no encumbrances in finalising a marriage. An Islamic government is bound to provide financial support to the unmarried people who are unable to marry because of poverty. In this way, youthful passions and desires are contained and illicit relationships are minimised. In order to eradicate this evil, Islam directs us to fulfill a social as well as a spiritual code of conduct. At the social level it is obligatory for those more fortunate amongst us to fulfill the needs of the less privileged. The wealthy amongst us are duty bound to take care of the financial needs of the poor. It is likewise obligatory to make a sustained and dedicated toil to educate the people for both social welfare and spiritual upliftment. Islam expects every individual to help the members of the community in whichever manner he can. The philosophy of Islam, if adhered to, can ensure the removal of poverty and ignorance which in turn ensures the removal of envies, perversion and illicit and illegal affairs associated with these. With an early marriage, the basic material needs of man are taken care of and an individual is well equipped to resist getting involved in degrading acts like adultery.

Self-control is further strenthened by practicing the laws of Islam which are encoded at the spiritual level. Islam has defined some acts of worship as obligatory. Our Holy Prophet (s.a.w.s.) and our Ahlul Bayt (a.s.) have taught us and guided us to innumerable recommended acts of worship like mustahab fasts, Mustahab prayers and Etekaf. Every prayer essentially refines a person's character and raises him to greater heights of nobility. By earnestly keeping up prayers and fasts, an individual can strengthen his inner resources and develop his spiritualism. Such an individual will have the power to exercise control over his passions and natural instincts and will not stoop to commit adultery which is declared as a Greater sin by his religion.

Islam prescribes very strict and severe laws of punishment for the wrong doers. This is necessary. It is only the severity of a law that compels mediocre individuals to abide by it. But, however severe the punishments prescribed in Islam may be, they are always tempered by Allah's Mercy and Compassion. Hadd (punishment) for adultery can only be executed if there are four just witnesses who have seen the sin being committed with their own eyes. Obviously the worldly punishment can be given only to those who publicly and shamelessly behave like beasts. It is truly amazing that even for such loathsome behaviour, Islam orders leniency in punishment. For example, only a married person who commits adultery is to be stoned to death. The punishment for an unmarried person is a hundred lashes.

The present day youth is caught in the mire of economic and moral decline. They are mentally disturbed and unstable. They believe it is advantageous to avoid the bonds and responsibilities of marriage and satisfy their natural needs with illicit relationships.

Undoubtedly, these problems have arisen because we do not implicitly practice the code of conduct as laid down by Shariat and we do not fully implement the rules and regulations as defined in Islam. Had there been an Islamic government, it would have endeavored to eradicate this immorality from the society by providing the basic needs to the poor and facilities for an early marriage.

An Islamic government would strictly ban pornography, bars, night clubs etc., all of which arouse sexual desires in people and lure them to indecencies and indiscriminations. Islam prohibits all activities that excite passions and promote shameful and degrading behaviour.

The strict laws of punishment in Islam should not lead us to think that Islam only wishes to punish the wrong doers. Its laws are designed to rid the society of all evil. In fact, Islam takes a very compassionate view of sinners. On the one hand, the stern orders of punishment are strictly regulated so no injustice is done in carrying them out. On the other hand, Islam outlines a code of social obligation that creates an atmosphere of joy and dignity for all. No one in an Islamic society would be compelled by helplessness and desperation into bad conduct. It is a pity and our misfortune that we fail to implement fully our social obligations.

Islam has not ignored the punishment for the wrong-doers. Punishment is prescribed for sins in order that law and order are maintained in the society. Hadd (punishment) for adultery is prescribed only when a person performs this act shamelessly and openly, in the presence of four just witnesses. He defiles the chastity of some women and satisfies his beastly desires in the worst manner. Islam orders the punishment only when four just witnesses state that they have witnessed the actual act with their own eyes. Islam punishes the fornicator when he plays with the honour of the society. It is surprising that even in this case, Islam has been lenient with the wrong doers to a great extent. If the adulterer is unmarried a hundred lashes is his punishment. Stoning to death is only for that sinner who has a legal wife and indulges in this serious crime only to give vent to his lewdness.

It is necessary to mention this remarkable fact. In today's world, the youth is having such a state of mind that due to the economics and morals of the society they try to escape from the bonds of marriage and are attracted towards sexual perversions.

It is true that our youth is involved in economic difficulties and moral problems. But what is the root of this problems? A simple answer to this is that Islamic rules and regulations are not being followed and are not being put into practice. If the Islamic laws are fully implemented we would remain safe from immorality. If there had been an Islamic government it would have endeavoured to eradicate the lewdness and immorality from society. It would have provided the means of an early marriage. It would have also endeavoured to provide the basic necessities to the common people. It would save its youth, who are its future, from falling into the abyss of destruction.

If the Islamic government is in power, such things like shameful films, pornographic magazines, bars and night clubs would not have any existence because these things arouse the sexual desires. The Islamic law prohibits all such activities that promote sins and evils. In Islamic society, the youth is not compelled to remain celibate due to such created problems. Rather, such an atmosphere and society is created wherein all the people spend their life with chastity and dignity. Islam is not only for punishing the people. Its laws are designed to rid the society of all evils.

For this very reason, Islamic law first takes into consideration the condition and helplessness of the fornicator, and only then does it prescribe the punishment. The fornicators are divided into seven groups and different penalties are fixed for them.

1) Stoning to death.
2) Stoning and lashes - both.
3) A hundred lashes and exile from the city after shaving the head.
4) Fifty lashes.
5) Seventy five lashes.
6) "Zighas"- it means picking up the lash many times to hit once.
7) The penalty of Fornication and fine - both.

Here, we shall describe the legal rulings, according to jurisprudence and traditions, for the information of our respected readers.

1) In order to establish the crime of adultery, four just male witnesses are required or three just male and two just female witnesses or two just male and four just female witnesses. If two just male witnesses and four just female witnesses state that they have witnessed the act, and if the sinner or the fornicator does not have a legal wife, or the fornicator woman does not have a legal husband, than they are not stoned to death. They are only given a hundred lashes each.

2) All the witnesses must testify that the crime had occurred at one and the same place.

3) All the witnesses must testify that the crime had occurred at the same time.

4) All the witnesses must testify in the same sitting.

5) If four just people quote the testimony of four just witnesses it is not sufficient.

6) If four just witnesses testify that a certain woman has committed fornication, their testimony shall not be accepted if they are not familiar with this woman since they do not know her and it could be that she is the legal wife of that man.

7) If three of the four witnesses testify and the fourth one refrains from testifying, or if his testimony differs from the previous three witnesses, the three witnesses who have testified shall be punished for 'qazaf' (defaming a chaste man or woman of adultery).

8) If the fornicator confesses his crime thrice, but refrains from the fourth confession, he cannot be punished. For a penalty to be lawful, it is necessary to confess four times.

9) He must make four confessions in four different sittings. He cannot be penalised if he makes four confessions in one sitting.

10) It is not permitted for the Judge to goad the accused to confess. He must also not be prompted to complete sentences (that is, words must not be put into his mouth). The Judge must try to maintain purity, chastity and dignity among the common people and must try his utmost that the crime of adultery is not proved. The Judge must try to give such suggestions to the accused that he may be able to save himself from the penalty by falling into doubts and uncertainties. It is also the duty of the Judge to encourage the accused to plead innocence.

11) When a married man confesses of adultery four times but later pleads innocence, the penalty of stoning will not be imposed upon him. His punishment shall be reduced.

12) A new convert to Islam who is unaware of the punishment shall not be punished.

13) If the adulterer is unmarried and he is suffering from some illness, the jurist is authorised to beat him with a broom of twigs or a branch of the date palm. He should consider these as lashes. He could also beat him with a branch or broom and consider each of its twig equivalent to one lash.

14) The lashing should be so controlled that the flesh of the body is not affected. The accused can only be punished when he has committed the crime willingly. (If someone is forced to commit fornication, penalty cannot be imposed upon them ).

15) If a man mistakes a woman to be his legal wife and has sexual intercourse with her, then he cannot not be punished.This is thus the detailed analysis of the laws prescribed by the all Beneficent and the all Merciful Allah, who knows His creatures very well. He has prescribed such regulated punishments for a serious sin like fornication. Now we shall quote a tradition that proves the extent to which the saints of Allah strived to protect the dignity of the people. How much precaution they took in passing a decree of fornication.

In the time of the rule of Umar a woman came to him and confessed of adultery. She also said, "Please impose the penalty of fornication upon me."

When Umar heard this, he ordered that the penalty of fornication be executed upon this woman. Ali (a.s.) happened to be there and was surprised at this. He said, "Umar, inquire from this woman the conditions when she had committed fornication."

The woman explained, "I was extremely thirsty in the desert. When I went far in search of water, I sighted a black tent which belonged to an Arab. I approached him and asked for water. But he refused to give me any water without my having adultery with him. I did not agree to his devilish desires and ran away into the desert. My eyes became sunken and I felt as if each of my bones were breaking. I returned to this man and in exchange of a drink of water I gave my body to him."

Ali (a.s.) said,
"It is this compulsion which is mentioned in the ayat,
'...But whoever is compelled by hunger, in inclining willfully to sin, then surely Allah is Forgiving Merciful,'
(Surah Maidah 5:3).

This woman is not at all culprit of the crime."
Then Imam (a.s.) ordered for her release and she was released.
(Burhan - e - Quran)

Reasonable Precautions

Adultery is the root of degradation of society in the world and eternal punishment in the hereafter. Islam has therefore prescribed some obligatory rules for our protection. Allah, in His unsurpassed wisdom made these rules incumbent upon us. If these rules are obeyed, the Muslims can protect themselves from such a serious sin.

1.The Order for Hijab in the Quran

The Holy Quran has ordered women to cover themselves in some situations.
"And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what emerge thereof. And let them wear their head coverings over their bosoms, and not display their ornaments..."
(Surah Nur 24:31)

It is also mentioned in Surah Ahzab,
"O Prophet! Say to your wives and daughters and the women of the believers that they let down upon them their over garments, this will be more proper, that they may be known and thus they will not give trouble. And Allah is Forgiving, Merciful."
(Surah Ahzab 49:59)

In the same chapter, Allah says:
"O wives of the Prophet! You are not like any other of the women, if you will be on your guard, then be not soft in (your) speech, lest he whose heart has a disease yearn and speak a good word."
(Surah Ahzab 49:32)

Another verse states,
"And when you ask them (the wives of the Prophet) any goods, ask of them from behind a curtain, this is purer for your hearts and (for) their hearts."
(Surah Ahzab 49:53)

In the above verses, the Muslim woman is ordered to veil herself. She must not come before namehram without Hijab. She should dress in such a manner that strange men do not get an opportunity to glance at those parts of her body which arouse passion; and thus make her an object of desire. It is the responsibility of a woman to assume such poise and behaviour that she does not excite a man's passions. Even a glance of lust can infatuate a man and a seemingly harmless encounter eventually lead to mischief and corruption in society, destroying entire families. In Iran, during the rule of the Shah when the law of Hijab had been revoked, the cases of fornication increased sharply. Every day many cases related to sexual crimes were heard in the courts of law. Every month many married mothers used to forsake their homes to enter into a perverse life of illicit sex. Five thousand such parents established a novel township outside the city of Tehran. The condition steadily deteriorated and came to a stage that every day approximately seven infants were found abandoned in the streets of Tehran, as reported by the commissioner. It is obvious that illicit children born as a result of fornication, whose parentage is not established, cannot create a position for themselves and are a burden to society. Due to the absence of Hijab, adultery and fornication became common and thousands of chaste women become immoral. One of the highly effective ways of protecting the society from the sin of adultery is that women wear hijab and ward off the evil glances of sensuous men.

2. Looking at the Namehram

The women are also ordered not to look at namehram men, and the men are similarly warned.

It is ordered in Surah Nur,
"Say to the believing men that they cast down their looks and guard their private parts; that is purer for them; surely Allah is aware of what they do."
(Surah Nur 24:30)

The Poisonous Arrow of Satan

It is narrated from Imam Ja'far as-Sadiq (a.s.):
"An evil glance is one of the poisonous arrows of Satan. Many of such glances becomes a cause of prolonged jealousy."
(Wasaelush Shia)

Fornication of Organs

Both Imam Muhammad al-Baqir (a.s.) and Imam Ja'far as-Sadiq (a.s.) have informed,
"There is no man who is not to some extent guilty of fornication. The fornication of the eyes is the evil glance, the kiss is the fornication of lips and touching a namehram woman is the fornication of hands."
(Wasaelush Shia)

It is also recorded that,
"Those who look at a namehram woman with an evil intention and fill their eyes with this sight (that is they look for a long time) Allah will, on the day of Qiyamat fill (pierce) their eyes with burning rods. They will continue in this way till Allah completes the hearing of the cases of all the people. Only after that will He order them to be thrown into Hell."
(Wasaelush Shia)

In the Chains of Fire with Iblees

That person who embraces a namehram woman will be tied with chains, together with Iblees on the day of Qiyamat. These chains shall be of fire and both of them shall be tossed into Hell together. The following are also the words of the tradition:
"One who glances at a woman, but instantly looks away at the sky or turns his gaze down; before he could remove his gaze fully, Allah marries him to a black-eyed houri and he creates such a freshness of belief in his heart that he is extremely delighted."
(Wasaelush Shia)

It is reported from the Holy Prophet (s.a.w.s.) that he said;
"The wrath of Allah is very severe upon the married woman who apart from her husband sees another namehram man with a prolonged glance. When this woman does this, Allah the mighty invalidates all her good deeds and does not give her any rewards."
(Behaarul Anwaar)

A few traditions mention that looking at a woman in hijab is also not allowed. Although it is a generally considered a makrooh act. Although there are numerous traditions that denounce glancing at namehrams these shall suffice for our purpose.

Alone in the Company of Namehram

It is Haraam for a stranger or namehram man to remain alone in company of a namehram woman when there is a risk of committing a sin, even though they may be busy in worship. In the same way women are ordered not to stay in company of namehram men when there is a chance of sinful act.

The Holy Prophet ( s.a.w.s.) says:
"One who believes in Allah and the Day of Judgement does not remain in a place where (even) the sound of breathing of the namehram women is perceived."

Imam Ja'far as-Sadiq (a.s.) said:
"When the Prophet (a.s.) took allegiance from the women he told them to take an oath that they shall not sit alone in company of namehram men."
(Wasaelush Shia)

A lonely place means the one where there is no chance of anyone else entering or coming. Like a room, the door of which is locked from inside. Or a place not frequented by people.

Islam has prescribed severe penalty for a serious offence like adultery. Some of the aspects are given in the points mentioned below.

1) If a person commits an incestuous fornication he is to be killed according to Islamic laws.

2) If one sees that a stranger is fornicating with his wife, then he can kill both of them if he considers himself safe in doing so. But if he does not feel safe or if he does not wish to kill them, then apparently his wife is not prohibited for him.

3) If a Kafir commits adultery with a Muslim woman, he is to be killed according to shariat. Similarly, if a Muslim is punished thrice for fornication and is again proved guilty for the fourth time, he is to be executed.

4) If the person is sane, major, and legally married, and has a wife with whom he could establish sexual relation whenever he wants, and inspite of this he commits fornication with another sane, mature woman, he has to be stoned to death according to the Islamic law. And according to some Mujtahids, he must first be given a hundred lashes.

5) If a man does not fulfill the conditions listed in the above point, and if he commits fornication with a woman then his penalty according to Islamic law is a hundred lashes. Similarly, the married woman who willingly commits fornication should be stoned to death. If she is unmarried, then the penalty for her is a hundred lashes.

"As for the fornicatress and the fornicators, flog each other of them, (giving) a hundred lashes, and let not pity for them detain you in the matter of obedience to Allah, if you believe in Allah and the Last Day, and let a party of believers witness this chastisement." (Surah Nur 24:2)

After quoting the above ayat, the Journal of Anjuman-e-Tablighat-e-Islam writes:
Two points are derived from this. The first is that the punishment of the adulterer is carried out in the presence of other people. This will be a warning and a lesson to them. They will be terrified of committing the same sin after witnessing the horror of the punishment.

Another point, although its truth is not established, is that the punishment acts as a cure for the diseases of the sinner. It could be that due to the hundred lashes, the bodies of the sinners are so much heated that the germs that have entered their bodies are annihilated before they could multiply and spread.

One more point to be noted is that the germs of disease like syphilis etc. are not confined only to those who commit fornication. The spouse of the fornicator may also contract these diseases. Marriage with an adulterer is therefore detestable and is discouraged. If an adulterer man marries an adulteress woman, an innocent person is not victimised, but their deeds will definitely affect their progeny adversely. Their future generations will be contaminated with the evil of their sin and there will be some deformity or the other in their progeny. It is for this very fact that the religion of Islam says;
"The fornicator shall not marry any but a fornicatress or idolatress, and (as for) the fornicatress, none shall marry her but a fornicator or an idolater; and it is forbidden to the believer."
(Surah Nur 24:3)

When Adultery is Proved According to Shariat

It must be clarified that the penalty for adultery could be imposed when the sin is proved from the viewpoint of Shariat. As it has been stated earlier, adultery is only proved if the conditions necessary for it are fulfilled. One of the conditions is that all the four just witnesses should testify unanimously as to the time and place of the crime. They must also know the woman by sight. Otherwise, there arises the possibility that the person who performed the sexual act with the woman may have been her husband.

Two Important Points

1) If a person commits adultery with a bachelor woman or the woman who is not in the iddah-e-rajai (the waiting period after divorce in which the husband can resume relation with her without another nikah), he can later marry her. But if she is married or in iddah-e-rajai, and he has had a sexual intercourse with her, he can never ever marry her legally. She is Haraam for this man forever. Even if the husband dies or divorces, she cannot legally marry the person who has committed adultery with her when she was married with another man.

2) If a man commits fornication with a woman, then her mother and daughter become Haraam for this man. That is, he can never ever marry them but they are not counted among his mehram women. Similarly, the father of the man with whom a woman has committed adultery becomes Haraam for her. There are minor differences of opinion among the Mujtahids in these problems. Any one who wishes to study further should refer to the knowledgeable jurists.

The opponents of Islam take objection to the law of Islam and support the sexual ethics of the West. They praise the sexual freedom of these countries and say that the Europeans and Americans are not hypocrites and express whatever feelings they have, freely and openly. They say that sexual desire is the legitimate desire of all human beings. If this desire is suppressed, it shall have a damaging effect upon man. These desires should therefore be satisfied so that man can rid himself of various limitations and inhibitions. He can then perform his day to day activities efficiently to achieve progress and development.

These words express the misguided thoughts of the enemies of Islam. They have forgotten the Second World War when France had surrendered to Germany in the very first attack. The German forces freely indulged in the satisfaction of their carnal passions. Even the French people began to pray for peace.

Freedom must also have a limit and must be disciplined. If the sexual drive is uncontrolled, man behaves worse than an animal. The defeat of France was also to an extent due to the promiscuous way of life prevalent in France. It is written in the book "Chun France Shikast Khund" (When France was defeated):
"When the German planes started to bomb the French cities, the Prime Minister 'Patrino' tried to contact the Central Headquarter of the air force so that additional bombers could be summoned for defence. He continously tried to phone the Central Headquarters, and each time he dialed the number of the Major on duty, each time the phone was attended by the beloved of the Major, Madam Dolly. Madam Dolly answered the phone and spoke foolishly to the Prime Minister in a demure way whereas there was bloodshed all around, and France was being converted into a sort of Hell.

As far as America is concerned, 38 % of the middle school female students become pregnant. As these girls reach high school, colleges and universities, the incidence of unwanted pregnancies reduce. These girls use their past experiences to avoid getting pregnant. American society is plagued with this evil, but its laws are unable to cope with the situation.

There is no doubt that the sexual urge is a natural instinct, but it must be controlled and disciplined. Islam does not expect the sexual urge to be suppressed, nor does it order anyone to forsake productive activities. On the contrary, Islam is against celibacy. However, Islam, as any other decent society, cannot allow for absolute freedom as seen in the animal kingdom. What Islam does is to lay down the golden rules for the satisfaction and fulfillment of natural desires and instincts such that neither the personal freedom of man is endangered nor is the peace of society disrupted.

There is no doubt that the West is far ahead in the field of science and technology and has progressed and prospered as a result of it. But their success is hollow. The excessive affluence has eroded human values and deluded them to search for happiness in immorality and perversity. Their culture deprives them of true happiness and comfort that comes with peace and stability of mind.

The women of these countries have also taken great strides. They work shoulder to shoulder with men in practically all walks of life. But many of them fail in what is their primary duty, as loyal wives and caring mothers. It is quite common to come across women having extra marital relations and neglecting their home and children. These children deprived of parental love and care in turn search for happiness by following the degraded examples set by their misguided parents and the vicious circle continues. The result is that couples just live together without being married and go their own way when they choose to. If there are marriages, they often end in divorce. The divorce rate in America today is 40 % and is on the increase. Women have come to occupy high positions in governmental and commercial organisations, but this does not solve the human problems facing these societies. It is a pity that these societies have no guidelines that will help them to realise that their well being lies in maintaining well-knit families where husband and wife care for each other, are loyal to each other and the children are secure and happy. This is what Islam aims to achieve for its followers. By upholding the laws of Islam our lives are automatically channelised into maintaining a healthy family life which provides for physical satisfaction, mental peace and spiritual upliftment, where the family members are a source of strength, solace and comfort to each other.

The eleventh sin that is classified as a Greater sin is sodomy or homosexuality. This is verified from the sayings of Imam Ja'far as-Sadiq (a.s.) and Imam ar-Reza (a.s.). In fact it is a sin greater than adultery. Its retribution and punishment are more severe than for adultery. Imam Ja'far as-Sadiq (a.s.) has stated:
"Penetrating the anal opening is a greater sin than penetrating the vagina. Certainly Allah destroyed a complete ummat (ummat of Hazrat Lut (a.s.) because they indulged in sodomy. Allah has not destroyed even one man for adultery".
(Al Kafi)

The Holy Prophet (s.a.w.s.) says,
"A person who commits sodomy with a boy will acquire such a Janabat (impurity) that even all the water of this world cannot remove it. Allah will be wrathful at him and curse him. (That is He will take away His Mercy from him and will award Hell for him.) What a dreadful place it is! Then the Heavens shudder of it. And the person who allows another to mount him from behind to commit sodomy, then Allah puts him on the fringe of Hell (in extreme heat) and keeps him there till He completes the reckoning of all the people. Then He orders him to be put into Hell. One by one he is made to suffer all the punishments of Hell till he reaches the lowest stage. Then he never comes out from there."
(Wasaelush Shia)

Sodomy is Kufr (disbelief)

Amirul Momineen Ali (a.s.) has said:
"Sodomy is a Greater Sin and carries punishment when a man mounts upon another man but does not penetrate. If he penetrates, it is kufr".
(Al Kafi)

It means that one who considers sodomy legal is a Kafir, because to consider sodomy illegal is one of the requirements of faith. And one who disbelieves in any of the requirements of faith becomes a Kafir. However if anyone commits this act knowing that it is Haraam is deserving of punishment which is similar to the one meted out to kuffar, and it is eternal.

Huzaifa ibn Mansur says:
"I enquired regarding sodomy which is a Greater Sin from Imam Ja'far as-Sadiq (a.s.)". The Imam replied:
"To press the sexual organ between the thighs in an illegal way"

I asked, "Who is the person who commits sodomy".

Imam (a.s.) replied;
"One who has disbelieved in what Allah has revealed to his Messenger (the Holy Quran)."
(Wasaelush Shia)

Imam Ja'far as-Sadiq (a.s.) was queried by Abu Basir regarding the verse:
"So when our decree came to pass, we turned them upside down and rained down upon them stones, of what has been decreed, one after another."
(Surah Hud 11:82)

Imam (a.s.) explained:
"There is no one who leaves this world while considering sodomy halaal, but that Allah hits him with one of the stones that had fallen on the people of Hazrat Lut (a.s.)."

It is reported in Wasaelush Shia that a person who believes sodomy to be Halaal and commits it several times and does not repent; at the time of his death Allah hits him with one of the stones that had rained upon the people of Lut (a.s.). His death is brought about by the impact of this stone, but people do not see it (the stone).
(Tafsir-e-Qummi)

Punishment Upon the People of Lut (a.s.)

The Holy Quran has described three kinds of punishments that were meted out to the people of Lut (a.s.), one was a terrible scream and shriek, the second was the shower of stones that rained upon them, and the third was that the earth turned upside down. After mentioning the last calamity, it is said in Surah Hud:
"Marked (for punishment) with your Lord and it is not far off from the unjust."
(Surah Hud 11:83)

This verse is an indication that such type of punishments may even be inflicted upon those who commit similar acts (acts of homosexuality).

The Slave Who Killed His Master

In the time of Umar a slave killed his master. When this slave confessed to the crime Umar ordered him to be put to death. Amirul Momineen Ali (a.s.) questioned this slave,
"Why did you kill your owner?"

"He had forcibly committed sodomy with me," replied the slave.

Ali (a.s.) asked the heirs of the deceased, "Have you buried him?"

"Yes we have just come after burying him", they replied.

Ali (a.s.) advised Umar to have the slave held in custody for three days and told the heirs of the deceased to come back after three days.

A Homosexual Shall be Counted Among the People of Lut (a.s.)

Three days passed, then Ali (a.s.), Umar and some of the heirs of the murdered man went to the grave. Upon reaching there Ali (a.s.) asked, "Is this the grave of your man?" "Yes" they answered.

Ali (a.s.) ordered the grave to be dug out. Amazingly the dead body had disappeared from it. Ali (a.s.) said,
"Allaho Akbar! I have heard the Holy Prophet (s.a.w.s.) saying that, 'Whosoever from my ummat commits the act of the ummat of Lut and dies before repenting for it shall not remain in the grave for more than three days. The earth will suck him inside and he shall reach the place of the dead of Lut. Where destiny annihilated them. Then that person will also be counted among them'."
(Kitab Mualim-uz-zalfa)

Sodomy is an Indecency

Hazrat Imam Ali ar-Reza (a.s.) has said;
"Refrain from adultery and sodomy, and this sodomy is worse than adultery. These two sins are the causes of seventy two ills of this life and the Hereafter."
(Fiqh-e-Reza)

The Quran has used the word 'indecency' for adultery in the way it has also used it for sodomy. It is said in Surah Araf:
"And (we sent) Lut when he said to his people: What! Do you commit an indecency which anyone in the world has not done before you?"

"Most surely you come to males in lust besides females. Nay you are a prodigal people".
(Surah Araf 7:80-81)

What could be more indecent than the act where man squanders away his sperms in a way prohibited by Allah instead of allowing them to reach the wombs of women to ensure the continuation of the human race.

Sodomy and homosexuality are denounced in Surah Hud, Surah Ankaboot, Surah Qamar, Surah Najm in addition to Surah Araf; so that the people are fully warned. Allah has strictly forbidden such a loathsome act.

A Lustful Glance on a Young Boy

To look upon a young boy with lust is Haraam, especially a boy who has not yet developed facial hair. The evil effects and the severe punishments for a lustful glance have already been described in the section on adultery. It is also related from the Holy Prophet (s.a.w.s.) that he said;
"Refrain from looking lustfully at the children of rich people and slaves, especially those who have yet no beard. Because the mischief that is possible by such glances is greater than mischief of glancing at juvenile girls, who are in veil."
(Wasaelush Shia)

It is obligatory for a Muslim to control his glances and safeguard against such indecencies.

The Sensual Kiss and the Rein of Hell

It is Haraam to kiss a young man with passion. Imam Ja'far as-Sadiq (a.s.) quotes the Holy Prophet (s.a.w.s.) that he (s.a.w.s.) said;
"If a person kisses a young man with passion, on the Day of the Judgement Allah shall tie a rein of fire on his mouth."
(Al Kafi)

Imam ar-Reza (a.s.) has remarked,
"When a person kisses a juvenile man sensually, the angels of the sky, the angels of the earth, the angels of mercy, and the angels of wrath curse him. And Allah decrees for him a place in Hell. O, what a dreadful place it is!"
(Fiqh-e-Reza)

The Holy Prophet (s.a.w.s.) has said,
"Allah shall punish for a thousand years in Hell, the man who kisses a boy with passion."
(Mustadrakul Wasael)

If two just witnesses testify to have seen a man kissing a juvenile man in a sensual way, the wrongdoer could be punished with thirty to ninety lashes as decided by the Qazi. This is the punishment according to Islamic law.

The traditions imply that those who perform such an act should also be punished like the adulterers, that is, a hundred lashes for each of them. However, if two women are involved the Qazi prescribes less than a hundred lashes for them.

Sleeping Together of Two People of the Same Sex

Some scholars remark that since the sleeping of two men under a single blanket without clothes is a punishable offence according to Shariat, it is also a Greater Sin.

It is therefore mustahab not to sleep together even with clothes on. Except for husband and wife, Islam prohibits any two persons who are able to distinguish right from wrong, to sleep close to each other or under a common blanket. The same prohibition applies to brothers and sisters.

The Holy Prophet (s.a.w.s.) has stated:
"Make separate bed for your children above ten years. Two brothers and two sisters and a brother and a sister should not be made to sleep on the same bed."
(Wasaelush Shia)

The Holy Prophet has thus advised us that brothers and sisters should not sleep very close to each other. If they cover themselves, they should have a separate blanket or sheet.

The Punishment of Sodomy

Since sodomy is a greater crime than adultery and its evils are worse, the punishment for sodomy is also more severe than that of adultery according to the Islamic law. Islam prescribes capital punishment for the active as well as the passive partner in the crime. If both are major and sane, both of them have to be killed. The active partner is beheaded with the sword or killed by stoning or burnt alive or thrown from a height with the hands and the legs tied. These are the ways prescribed for punishing the criminal, but it is at the discretion of the Judge to determine the method. Similarly, the method adopted for the death of the passive partner is also determined by the Qazi.

According to Amirul Momineen Ali (a.s.), a person who has committed this sin must also be burnt after being killed.

As in the case of adultery, the guilt of sodomy is also proved in one of two ways. The first is that both the participants, or one of them confesses four times before a Judge. If he confesses less than four times the legal penalty cannot be issued. He is only warned and severely rebuked so that he may never repeat it. Some Mujtahids believe that the four confessions should be on four different occasions. It is also required that the accused be major, sane, free and independent. Even if he confesses four times, a minor person can only be reprimanded for the act so that he never does it again. The same applies for the slave and the insane person. Apart from this, if someone is forced into such a crime and is unable to avoid it, there is no penalty for him.

The second method of proving the crime of sodomy is that four just witnesses see it being committed with their own eyes and testify in consonance. If the witnesses are less than four, the testimony is not accepted and the penalty for sodomy is withheld. If less than four people have seen this act, they should not testify. If they do so, they shall themselves become liable for the penalty of "qazaf". This clause shall be elaborated later. If the culprit repents before the four witnesses testify, the penalty is not imposed and he is not killed. The confession or the testimony should be with regard to the penetration of the anus with the penis, only then the capital punishment is carried out. But if the two men cause ejaculation without penetrating the anus (by pressing the sexual organ between the thighs of another man or by rubbing with the buttocks), then the punishment is a hundred lashes for them.

Why is Sodomy Punishable With Death?

People, who have abandoned shame and decency so as to commit such a revolting and loathsome act of sexual perversion in the presence of other people, are like cancer for the society. If they are left alive, they will spread their shamelessness till it engulfs the entire society. This was the fate of the people of Lut (a.s.). First, Satan led one person to commit this indecency and later he invited others to the same evil. Finally, the crime reached such a gigantic proportion that among the people of Lut (a.s.), it was common to see a man mount upon another and perform sodomy right before the eyes of the onlookers. Women also had sexual relations among themselves. Allah cursed these people and destroyed them.

Homosexuality is such a hideous crime that if one does not repent and pray for forgiveness, he becomes like the one who has disbelieved in Allah. He becomes liable for eternal punishment like the Kafirs. Hence, there is no better way than to kill this person and burn the corpse.

We have already noted in the chapter on adultery that punishment in Islam for acts of indecency are severe but tempered with Allah's Mercy and Compassion. We have also discussed that Islam has formulated strict laws not just to punish the wrong doers but rather to act as a detriment for the negligent. Although capital punishment is prescribed for sodomy, it can only be administered after four just witnesses have testified to the sin being committed in their presence. The extreme degree of leniency in Islamic laws is apparent here. If an individual shows just enough decency as not to commit a filthy act in public and that too for fear of being put to death, Islam does not allow his fellow-beings to punish him. Further, if the sinner repents before the four witnesses have testified, he cannot be put to death. But if the testimony is complete, penalty cannot be reduced and the guilty has to be killed.

As far as confession of the crime is concerned, the same regulations hold as in the case of adultery. The guilty must confess four times. He must confess in clear unambiguous words and must not speak in an elusive way. The Judge must make sure that the person is sane. Also, that he is not joking and confessing to something he has not really done. All these stipulations and concessions are given to the guilty by the Almighty so that the sinner has an opportunity to save himself. If, finally the guilty is found deserving a death sentence, his death will be a lesson for others. The aim of Islam in designing these laws is not merely to punish the offenders but to reform society. Islam aims at creating a sound environment for us where we can get the best of the world and the hereafter.

A person who is guilty, he confesses and undergoes the penalty for it in this world, and thus he will have atoned for his sins and will not be subjected to the torture of the hereafter. Even so, it is better if he refrains from revealing his secrets and submits his case only before the Almighty. He should repent, weep and beg for forgiveness from Allah. Insha Allah, Allah will forgive him. However, a person should not be complacent after seeking forgiveness. While he is hopeful of Allah's Mercy, he should be in dread of Allah's retribution and must continue to implore Allah to forgive him. In this way, he will attain a degree of piety and emerge a far better human being than he ever was.

In the end we quote a tradition from Amirul Momineen Ali (a.s.): "If anybody deserves to be stoned to death twice, it is the homosexual."

All the revealed religions are unanimous that sodomy must be dealt with strictly. Not only is the human race inflicted with spiritual degradation and physical illness and disabilities, it also runs the risk of extinction. The boy who is sexually assaulted, loses his manliness. Sodomy takes the society to the depths of depravity. It is therefore incumbent on men and women to marry and satisfy their sexual urge in a healthy manner, the way Nature has designed. This will ensure the continuity and the well-being of the human race.

Fire Did Not Burn the Repentant !

There is a tradition from Imam Ja'far as-Sadiq (a.s.) in the book Al Kafi (Section on Penal Code), that:
One day Ali (a.s.) was sitting with his companions when a man approached and said "O Chief of the Believers, I have committed sodomy with a boy, please purify me (impose legal penalty upon me) Ali (a.s.) told him, "Go home, you may have had some misunderstanding."

The next day the man returned and repeated his confession and requested for penalty. Ali (a.s.) said,
"Go home, you may not be in your sense right now."

He went away only to return the third time and repeat his confession and again asked for punishment.

At last when he came for the fourth time, Ali (a.s.) said,
"The Holy Prophet (s.a.w.s.) has prescribed three methods of dealing with the situation, you may choose any one of the three deaths - by having the arms and feet tied and thrown from the cliff, being beheaded or being burnt alive."

He said, "O, Ali (a.s.) which is the worst of these methods?" Imam replied, "Burning alive." "Then I choose this death." said the man. By permission of Ali (a.s.), he stood and prayed two rakaat prayer and then said, "O Allah ! A sin was committed by me of which You are well aware. Then I had the fear of this sin, I came to the Successor of your Prophet and requested him to purify me. He gave me a choice of three deaths. I chose the most dreadful death. I pray to you to consider this penalty as the expiation of my sin and do not burn me in the fire of Hell which is ignited by you."

Then he got up weeping and jumped into the pit into which the fire had been lit. He sat in the fire and the fire engulfed him from all the sides. Ali (a.s.) began to weep, upon seeing this condition and the other companions were also in tears.

Ali (a.s.) said, "Arise, the one who has caused the angels of the earth and the sky to weep. Allah has certainly accepted your repentance. Get up but never approach the sin that you have committed."

It so happened that the man came out of the fire unscathed. The fire could not burn the one who repented.

Remarkable Points

It is commonly agreed by the Mujtahids that if a person confesses four times but repents before the execution of sentence, the Judge has the authority either to impose penalty or cancel it. The above report also indicates that the Imam (a.s.) did not pursue the sentence. However, the sentence cannot be cancelled after the testimony of four just witnesses.

The Mother, Sister and Daughter of the Sodomist

It must be known that if a man commits sodomy with a boy (that he penetrates his anus), the mother, sister and daughter of the boy becomes Haraam for this man forever. That is, this man could never lawfully marry the mother, sister or daughter of this boy.