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)
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 isaware 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."
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."
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."
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."
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."
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."
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.
Eleventh Greater sin
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".
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."
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".
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)."
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).
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'."
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."
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."
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."
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!"
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."
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."
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.
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.
Twelfth Greater Sin
(To accuse a chaste man or woman of adultery or homosexuality)
The twelfth Greater Sin is Qazaf. Qazaf means to wrongfully accuse a chaste Muslim man or chaste Muslim woman of adultery or homosexuality. We have the authority of our Holy Prophet (s.a.w.s.), Imam Ja'far as-Sadiq (a.s.), Imam Musa al-Kazim, Imam Ali ar-Reza (a.s.) and Imam Muhammad al-Taqi (a.s.) that qazaf is a Greater sin. The Holy Quran also speaks of the punishment for this sin.
"Surely those who accuse chaste believing women, unaware (of the evils), are cursed in the world and the hereafter and they shall have a grievous chastisement. On the day when their tongue and their hands and their feet shall bear witness against them as to what they did."
(Surah Nur 24:23-24)
The above verses clarify that those who falsely accuse chaste men or women of adultery are cursed by Allah as long as they are alive, and in the hereafter they shall be deprived of His Divine Mercy. We should maintain our distance from such people on whom the wrath of Allah has descended and be very wary not to believe their false accusations. False accusers have to be penalised in this world according to the Islamic law. Once their testimony is proved false, they can never ever testify in a court of Islamic law.
Organs of the Inhabitant of Hell
Imam Muhammad al-Baqir (a.s.) has said,
"The organs and the parts of the body of a true believer shall not testify against him. But they will testify against the one who, after all, has to burn in Hell."
The person who accuses anyone falsely of adultery and sodomy belongs to this category. Because his punishment is Hell-fire, his organs, according to the Holy Quran shall testify against him.
Penalty for Qazaf - Rejection of Testimony and its Invalidation
It is also mentioned in Surah Nur:
"And those who accuse free women then do not bring four witnesses, flog them, (giving eighty lashes), and do not admit any evidence from them ever, and these it is that are the transgressors."
(Surah Nur 24:4)
Three commands are issued in this ayat regarding one who commits qazaf. The first is that he has to be punished with the Islamic penalty imposed upon him. The second is that his evidence is never ever to be accepted and the third is that such a person must always be considered as unreliable and a transgressor.
Islamic society which is geared to promote the dignity and welfare of its members cannot allow a false accuser to go unpunished. This falsehood dishonours an upright person, and a society which cannot uphold the honour of its members, cannot possibly give them peace and security.
(Condensed from Burhan-e-Quran)
The book 'Islam and World Peace' mentions that in order to curb frivolous propaganda, a slanderer who cannot furnish four witnesses, is given lashes. If three witnesses testify and the fourth witness is not available then the former three are also punished with eighty lashes each. However, if a husband accuses his wife of adultery but cannot support his accusation with witnesses, he cannot be lashed. This is to avoid domestic upheavals. In this case the husband is made to repeat four times by calling Allah as a witness that his wife has committed adultery. And the fifth time he has to say that if he is lying, the curse of Allah be upon him. His wife is also given a similar right that she can say four times, calling Allah as a witness that her husband is lying. And the fifth time she has to say that if her husband is telling the truth, then the curse and the wrath of Allah may be upon her. She can escape punishment in this way. This law is derived from the sixth and the seventh ayat of Surah Nur.
Whether it is true or false it must be known that it is Haraam to accuse anyone of adultery or homosexuality till he sees with his own eyes the penetration of the sexual organ. Even after being the eye witness of this he must not testify before a Qazi till three other just witnesses testify (he must himself be just (adil) too). As stated earlier, if the witnesses are less than four, their testimony is rejected. In this case, the witnesses are considered as transgressors instead of the alleged sodomist and the fornicator, and penalised with eighty lashes each.
Those Who Commits Qazaf are not Believers
Hazrat Imam Muhammad al-Baqir (a.s.) has informed;
"One who commits qazaf is removed from the ranks of the believers of Allah and considered as a transgressor. Transgressor is also the opposite of believer as Allah himself says,
'Is he then who is the believer like him who is the transgressor?'"
(Surah Sajdah 32:18)
The Holy Prophet (s.a.w.s.) has been reported to have said,
"The person who accuses falsely a chaste man or a chaste woman of indecency, Allah invalidates all his good deeds (and does not give him any reward) and on the Day of Judgement seventy thousand angels lash him from the front and behind and continue to do so till the order is passed for him to be put in Hell."
Penalty for Qazaf
"And those who accuse free women then do not bring four witnesses, flog them, (giving) eighty lashes, and do not admit evidence from them ever."
(Surah Nur 24:4)
The above verse, numerous traditions and the rules promulgated by the Mujtahids indicate that every one of the false accusers of sodomy and fornication must be lashed eighty times (provided four just witnesses are not available simultaneously). However, the following conditions should be noted.
1) The sinner must be major and sane. A minor child or an insane person cannot be punished for false accusations. Also, the major and the sane person should have made the allegation after careful consideration and not under compulsion. No penalty can be imposed on an accuser if he has made a genuine blunder or if he has made the accusation in jest.
2) One who has been accused of adultery or sodomy must possess five characteristics. First of all, he must be a major. Secondly, he must be sane and not a madman. Thirdly, he must be free and not a slave. Fourthly, he must be a Muslim and not a Kafir. Lastly, he must apparently be chaste. A person who strongly objects to being blamed of adultery and fornication or is shocked and dismayed by such an accusation is taken to be a chaste person. So if the accused does not fulfill the above conditions or is notorious for being corrupt and indecent, the accuser is not penalised for qazaf.
3) The accusation should clearly mention adultery or sodomy. If an accuser is vague in his allegations and merely hints at adultery or sodomy or addresses the accused as 'adulterer' or 'sodomist', then he can be exempted from punishment. But in this case, the accused has a right to demand action against the accuser.
Sometimes, the allegation is against someone other than the one who is addressed. For example, One says, "Your father was an adulterer! Your father was a sodomist!" In such a situation, it is the right of the father, of the one who is addressed to insist upon the penalty. The son is not directly accused but insulted in the process. Consequently, he cannot demand the sentence of qazaf against the accuser but must insist upon a lighter penalty like reprimanding or beating so that the sin is not repeated.
In the same way, if someone says "bastard" or "adulterously born!' etc., the right of having the punishment decreed rests upon the one who is actually accused. The person who is addressed can only claim a reduced penalty.
Expiation of the Sin on the Day of Judgement
A woman presented herself before the Holy Prophet (s.a.w.s.) and said, "O, Messenger of Allah, I called my maid adulteress."
The Prophet (s.a.) said,
"Have you ever seen her committing adultery?"
"No," she replied.
The Holy Prophet (s.a.w.s.) told her,
"Know that ! On the day of Qiyamat, some of your good deeds will be transferred to this maid and it would be the expiation.
This woman returned and handed a whip to her maid and said, "lash me" but the maid refused, so she freed her. Again, she returned to the Prophet (s.a.w.s.) and related the incident. The Holy Prophet (s.a.w.s.) remarked,
"May be this action of yours will act as the expiation of your utterance and you may not suffer it's consequences in the hereafter."
Repenting for Qazaf
One who accuses a Muslim of adultery or sodomy should know that qazaf or false accusation is a sin that trespasses upon the right of man as well as the right of Allah. As far as the human rights are concerned, the one who is falsely accused can take the accuser to the Qazi. If qazaf is proved by the confession of the accuser or by the testimony of two just witnesses who testify having heard the accuser making the false allegation, the legal sentence is executed. It is wajib for the person who has committed qazaf to submit himself to the accused for trial. However, he can request the one he has falsely accused to forgive him and must try his best to do so. If he is condoned, he escapes punishment. But if he is not forgiven and nor is the sentence carried out, and the falsely accused dies, the right of having the penalty executed is transferred to the legal heirs of the falsely accused. Now it is wajib upon the one guilty of qazaf either to surrender himself to the heirs so that he may be taken to a Qazi or he could ask for their forgiveness. If the heirs of the deceased forgive, he is saved from punishment.
Samaa says that I asked Imam Ja'far as-Sadiq (a.s.) regarding the person who commits qazaf but is forgiven by the one whom he accused falsely. "If later, this person regrets having forgiven and wishes that the accuser be punished, can the punishment for qazaf be executed now?"
Imam (a.s.) replied;
"No penalty can be imposed upon him after being respited."
Samaa says that I further enquired,
"What if the man says, "O son of a fornicatress." And the one who is falsely accused condones him but leaves the matter to Allah?" Imam (a.s.) replied;
"If his mother is alive, the son does not have the right of forgiving the accuser. His mother has the right to forgive. She can exercise her right whenever she wants. If his mother has died, only then does he have the right to forgive."
It is wajib upon the accuser, that after he has received the penalty or after he has been condoned by the one whom he falsely accused that he must publicly announce that whatever he has uttered is absolutely false. For example, he should say, "I had accused this person of fornication. It was a false accusation." His announcement should be to the extent that those who have heard the false accusation must hear his confession too.
In an authentic report Ibne Sinan asked Imam Ja'far as-Sadiq (a.s.), "If a person makes a false allegation and undergoes the Islamic punishment and also repents. Can his evidence be accepted in future?" Imam replied,
"If he repents and his repentance consist of taking back the words he has uttered and confesses before the Imam (a.s.) and the Muslims to have uttered a lie... Then it is incumbent upon the Imam to accept his evidence and consider him just."
The book Al Kafi and Al-Tahzeeb contain other reports concerning the same issue. If the accuser has made a false accusation, it is obvious that to falsify his accusation is a must. But there may be a situation where the accuser has really witnessed the act of adultery and sodomy but the crime is not proved due to lack of four witnesses and as a result he becomes liable for penalty. In this case too, he has to falsify his statement.
Since adultery or sodomy could not be established according to the stipulation laid down by Islam, from the point of view of Shariat, his accusation is false. So although he had witnessed the crime, it is appropriate on his part to falsify his statement. This he should do with the clear intention that he is submitting to the laws of Islam.
This is in consonance with the following verse:
"Why did they not bring the four witnesses of it? But as they have not brought they are liars before Allah."
(Surah Nur 24:13)
The Shaykh writes in the book 'Nihaya' that a person who is guilty of qazaf should repent by publicly announcing that the accusation he had made is untrue, and that he had uttered a lie. He should do this at the same place where he had made the accusation. In this way all those who had heard a Muslim being denounced will now be aware of its falsehood and there will be no misunderstanding in their minds about his good character.
A person guilty of qazaf transgresses Allah's right by disobeying a Divine command. Allah has strictly prohibited qazaf and a person guilty of it is deserving of the punishment of the hereafter. But if the offender repents sincerely and reforms himself, Allah is most Forgiving and most Merciful.
"Except those who repent after this and act aright, for surely Allah is Forgiving and Merciful."
(Surah Nur 24:5)
Sincere repentance reforms a person. He will either make peace with the person whom he had earlier maligned, or he will confess his guilt and falsify his accusation before a Qazi. After this he is no longer a transgressor or a liar according to Shariat. He is now an adil (just man) whose evidence is acceptable. Beyond this, the experience of being guilty of qazaf and repenting sincerely by going through the humiliation of acknowledging it in public, brings about a deep-rooted transformation in the person's character. He is now inclined toward morality and piety and strives for spiritual upliftment.
The Shaykh says in the book "Mabsut": "After repentance, only good deeds should be seen in that man."
One who hears the accuser is obliged to advise him to refrain from slandering and even to reprimand him.
Qazaf and the Responsibility of Other Muslims
According to the philosophy of Islam, if a Muslim hears of another Muslim being accused of adultery or sodomy he should not pay heed to it. It is Haraam for him to believe it. It is also Haraam to repeat this slander to others. Till four just witnesses testify before the qazi and the qazi issues his decree, it is Haraam to associate any one with these sins. Even if one has witnessed the crime with his own eyes or believes the accuser, one should not spread the slander. Such an action would cause the accused person to lose his honour and dignity in people's estimation. This is totally unacceptable in Islam.
Till four just witnesses have not testified, the accuser should be regarded as a liar and a transgressor, and it is wajib upon the person who hears him to consider him so, even if what he says is true. It should be said to the accuser, "This is a great allegation. We do not accept that the statement is correct according to Shariat."
"Surely they who concocted the lie are the party from among you. Do not regard it as an evil to you, nay, it is good for you. Every man of them shall have what he has earned of sin and (as for) him who took upon him the main part thereof he shall have a grievous chastisement.
Why did not the believing men and the believing women, when they heard it, think well of their own people and say: this is an evident falsehood?
Why did they not bring four witnesses of it? But as they have not brought witnesses they are liars before Allah.
And were it not for Allah's Grace upon you and His Mercy in this world and the hereafter, a grievous chastisement would certainly have touched you on account of the discourse which you entered into.
When you received it with your tongues and spoke with your mouths what you had no knowledge of, you deemed it an easy matter while with Allah it was grievous.
And why did you not, when you heard it say: 'It does not beseem us that we should talk off it, glory be to thee ! This is a great calumny?'
Allah admonishes you that you should not return to the like of it ever again if you are believers.
And Allah makes clear to you the communications, and Allah is knowing and wise.
Surely (as for) those who love that scandal should circulate respecting those who believe, they shall have a grievous chastisement in this world and the hereafter and Allah knows while you do not know.
(Surah Nur 24:11-19)
Imam Ja'far as-Sadiq (a.s.) explains,
"One who speaks wrongly about the believer and says something which he has neither seen nor heard himself is from those who have been mentioned in the verse:
"Surely (as for) those who love that scandal should circulate respecting those who believe they shall have the grievous chastisement in this world and the hereafter and Allah knows while you do not know."
(Surah Nur 24:19)
In conclusion, it is Haraam to accuse anyone of fornication and sodomy without having seen the act with one's own eyes. Even after seeing it, it is Haraam to speak of it till four just witnesses testify having seen it.
But, if a husband accuses his wife wrongly of adultery, four witnesses are not required. It is sufficient for the husband to say before the qazi in the prescribed manner, "I am the liar, may the curse of Allah be upon me." And his accusation is admitted. This order is known as "laee" in Islamic terminology. And the accuser must fulfill the conditions as mentioned earlier in which case two just witnesses could testify that he has committed a calumny. As a result of this he is liable for penalty (eighty lashes). But these lashes would be lighter than those which are prescribed for the adulterer and the alcoholic. Also, the slanderer will not be lashed on a naked back like an adulterer and the alcoholic. He would be allowed to wear his shirt during lashing.
If Conditions for Qazaf are Absent
Even if the necessary conditions are not present in the accused it is still Haraam to associate him with adultery or sodomy. In this case the slanderer is reprimanded. However if some one calls a Muslim 'bastard' it does not imply that he is born of adultery. It could also imply that he was conceived when his mother was having a menstrual discharge. In such a condition it is Haraam for his father to perform the sexual act and the child conceived during this time is also a child of sin. In the same way if someone calls another, indecent or 'evil doer', the accusation of adultery and sodomy is not proved. However he could be punished lightly or reprimanded for insulting a person.
Similarly if a Muslim accuses falsely a Kafir of adultery or sodomy, the penalty of qazaf does not apply. Yet it is Haraam to associate even a Kafir with adultery and sodomy. It is not permissible to make such a statement in unequivocal words or to allude to it. But if it is established that he has committed adultery even from the point of view of his own faith, then it is allowed to associate him with it.
The Association of the Kuffar With Adultery
Umroo bin Noman Juhfi says that there was a friend of Imam Ja'far as-Sadiq (a.s.). He always remained with the Imam (a.s.) wherever he went. He had a slave who was from Sind. One day, the person was passing through the market of shoe-makers with Imam (a.s.) while his slave walked behind. The master wanted to send the slave on an errand, but when he looked back the slave had disappeared. He looked back three times but could not see the slave. After some time, when he looked for the fourth time, he saw the slave. He was angry with him and said, "O' son of the adulteress! Where were you?"
The narrator says that Imam Ja'far as-Sadiq (a.s.) slapped his forehead and said,
"Glory be to Allah! You are accusing his mother of adultery. And I was seeing some piety in you, but now I find that there is no sign of piety or religiousness left."
The companion protested,"May I be sacrificed upon you, his mother is an inhabitant of Sind (India) and she is a Mushrik (polytheist)." Imam (a.s.) replied,
"Don't you know that all people have their own type of marriage? Be away from me!"
The narrator says, "In the Imam's life-time, I never saw him walking with Imam (a.s.), again."
Another tradition states,
"All the people have their kind of marriage due to which they protect themselves from adultery."
Abul Hasan al Hazzae says that he was in the company of Imam (a.s.) when a person came and asked him, "What did your debtors do?" I responded, "Are you asking about the son of that adulteress woman?" Upon hearing this Imam Ja'far as-Sadiq (a.s.) glared at me in anger. I said, "May I be sacrificed upon you. He is a Majoos (fire worshipper) and his mother is also his sister (means that his father had married his daughter). Imam (a.s.) asked,
"Is not this type of marriage permitted in their religion?"
Abusive Language is Haraam
Apart from grave accusations like adultery or sodomy it is also Haraam to use abusive language for a Muslim who does not openly indulge in evil acts. It is not allowed to abuse him with words like Transgressor! Dog! Drunkard! Pig! Even calling out to someone with such words is Haraam. Similarly, it is Haraam to address someone by associating him with some disease or handicap like Blind! Lame! Deaf! According to Shariat a person who uses abusive language should be given a light punishment or reprimanded.
The book Mustadrakul Wasael has a tradition from Imam Ali (a.s.) wherein he said,
"If a person calls another Sinner, Indecent, Kafir, Munafiq or Donkey, he must be given thirty nine lashes."
There is no difference if such words are used for relatives or strangers, against a student or a servant. Any bad words which mention the private parts or the indecent act are Haraam whether addressed to one who is an open sinner or not or whether he gets offended or not.
Traditions that Denounce Abusive Language
Numerous traditions have been recorded which censure bad words and abusive language.
Imam Ja'far as-Sadiq (a.s.) said,
"Abusive language is an atrocity and atrocity earns Hell."
The Holy Prophet (s.a.w.s.) has said,
"There are four people, the intensity of whose chastisement will also annoy the other people of Hell."
"There would be a man who had blissfully used abusive and foul language in the world. In Hell, puss and blood shall flow from his mouth."
Other reports on this subject have already been mentioned in our discussion.
Replying to the Abuse
It must be understood that as it is Haraam to initiate abusive language it is also Haraam to abuse in reply to it. This strictly applies to words that denote, qazaf (accuse of adultery or sodomy). But for abuses like 'ignorant', idiot tyrant, it is permissible to reciprocate with the same words.
The Holy Quran also allows this, in the following ayat
"... Whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you..."
(Surah Baqarah 2:194)
"And whoever defends himself after his being oppressed these it is against whom there is no way (to blame)."
(Surah Shuara 42:41)
"And if you take your turn, then retaliate with the like of that with which you are afflicted."
(Surah Nahl 16:126)
If No Excess is Committed
Imam Musa al-Kazim says regarding two people who have abused each other,
"From the two of them, the one who initiated it, is more unjust, his sin includes the sin of abusing as well as the sin of the one who had cursed him in reply. But the oppressed one should not exceed the limit."
It means that a person who is abused should retaliate only with words that equal the abuses. He should not use a more abusive language otherwise his sin will be equal to the sin of the one who initiated.
For example if one calls another 'you donkey' and he replies with 'you dog' then this would be exceeding the limits. Or if one says 'you donkey' only once and the other person responds by repeating the same word twice or more, it would constitute an excess. If a person who has uttered a bad word, seeks forgiveness immediately before he is replied to, he must be condoned. In this case it is not allowed to reply even with the same words.
Silence is better
It must be emphasized that although it is permitted to retaliate in equal measure, it is best to remain silent.
The Holy Quran says;
"And the recompense to evil is punishment like it, but whoever forgives and amends, he shall have his reward from Allah, surely He does not love the unjust."
(Surah Shura 42:40)
Allah says in another place;
"And it is nearer to righteousness that you should relinquish."
(Surah Baqarah 2:237)
One Who Utters Abuses Will Himself be Humiliated
Jabir ibn Abdullah Ansari relates that Ali (a.s.) saw that a man was abusing Hazrat Qambar and Qambar was about to reply to him. Ali (a.s.) called him:
"Qambar, stop! Humiliate the one who curses you by remaining silent. In this way the Beneficent will be satisfied with you and the shaitan angry. And you will be able to maim your foe. You will please that Allah who splits the seed and cause pleasant winds to blow. No one can please Allah more with his forbearance, similarly nothing makes Shaitan more angry than silence in return of abuse. The revenge taken from an idiot (ignorant) person in this way is not possible in any other way."
If a person who is abused responds with kind and gentle words like, 'Do not abuse your brother', he occupies a very high position with Allah.
The Holy Quran says;
"And not alike are the good and the evil. Repel (evil) with what is best. When lo! he between whom and you is enmity would be as if he were a warm friend. And none are made to receive it but those who are patient, and none are made to receive it but those who have mighty good fortune."
(Surah Hamim 41:34-35)
The following incident is quoted in the book 'Kashful Ghumma':
A Syrian came to Madinah. He saw a handsome man astride a good camel. Upon enquiry he learnt that it was Imam Hasan ibn Ali (a.s.).
This man from Syria stepped forward in anger and said;"Are you the son of Ali ibn Abi Talib?"
"Yes, I am the son of Ali."
He said, "You are the son of a person who was a mushrik (polytheist)". And he continued his foul utterances till he got tired of it. Imam Hasan (a.s.) remained silent. At last the man felt ashamed. The Imam (a.s.) seeing his remorse said;
"You look like a traveller, are you from Syria?"
"Yes sir", he replied.
Imam Hasan (a.s.) said,
"If you need a place to stay, we shall provide it. If you need money we would give it you. If you have any other problem, we shall help you."
Not only was the Syrian ashamed but was also rendered speechless by such excellent behaviour.
The following are his words:
"After I had the good fortune of enjoying the hospitality of Imam Hasan Ibne Ali (a.s.), I found his personality more likeable than that of any other person in the world."
Imam Hasan (a.s.) had offered the same type of hospitality to Asam bin Mutlaq the Syrian, and he too became his devotee.
Thirteenth Greater Sin
The thirteenth among the Greater Sins is drinking liquor. Its seriousness is proved from the traditions that have been related from Imam Musa al-Kazim (a.s.), Imam Reza (a.s.) and Imam Muhammad al Taqi (a.s.).
The Holy Quran also states in unequivocal words that it is a Greater Sin.
"They ask you about intoxicants and the games of chance. Says: in both of them there is a great sin and means of profit for men, and their sin is greater than their profit."
(Surah Baqarah 2:219)
It is explained in 'Tafsir al-Mizan' that 'zanb' and 'ithm' are synonyms that denote a condition wherein the person involved is deprived of reason. He has no inclination for deeds of virtue nor can he maintain an amiable disposition. 'Ithm' is a type of sin, the evil effects of which become apparent in the person and he is absolutely doomed. The evils of drinking are known to all. The health of the alcoholic is affected in various ways. His digestion deteriorates. His intestines do not function well. His liver, lungs and all the five senses, are likewise affected. Ancient and modern doctors have penned quite a few books on this topic. They have revealed astonishing statistics to show the far greater susceptibility of alcoholics to diseases as compared to others. The various ailments which are caused by alcoholism are also enumerated. They have termed wine as deadly poison.
The different kind of diseases that inflict the body of a liquor-drinkers are described in brief:
Effect of Liquor on the Brain
Liquor affects the central nervous system. It may cause a brain hemorrhage leading to paralysis or prolonged coma and eventual death.
Effect of Liquor on the Limbs
Ailments of the limbs are also caused by alcohol. The limbs become fragile and the person loses control upon them. The body becomes absolutely broken-down. The five senses become despaired. Sleeplessness increases and even when the person gets to sleep he is haunted by nightmares.
Effect of Alcohol on the Stomach
Liquor affects the tongue and the taste buds which lose their ability to discern flavours. Secretion of saliva is impaired. Liquor ruins the digestive system. The stomach cannot produce the digestive juices or maintain the required acidity for digestion. There is frequent vomiting and nausea. Along with phelgm, there is blood discharge in the vomit. Numerous other diseases of the stomach are also caused by alcoholism. The belly begins to protrude. The intestines swell and are ulcerated. The large intestines malfunction, causing alternate constipation and loose motions.
Effect of Alcohol on the Liver
Wine and alcohol cause swelling and weakening of liver and slow down its function. The swelling increases and this gives rise to acute pain of the liver. The part of the liver that is nearer to the stomach is first affected. The kidneys become yellow and the effect becomes apparent in the eyes of that person.
Effect of Alcohol on the Blood Circulation
Alcohol does not have any benefit for the human body. It is for this reason that none of its constituent parts could be absorbed into the human body. As soon as it reaches the stomach, alcohol enters the blood stream, and as it enters the blood, it goes on destroying the white blood corpuscles. Due to this, blood pressure decreases. It may also cause fainting.
Effect of Alcohol on the Respiratory Organs
The worst effects of alcohol are to be seen in the respiratory system. As it enters the lungs through the blood stream, it causes breathlessness. The tissues are inflamed and functioning of the lungs becomes sluggish. Calcium is continually depleted from the body. The damaged lungs are now highly susceptible to tuberculosis that is the most prevalent disease among the poorer class of people.
Effect of Alcohol on Kidneys
Statistics show that ninety percent of the ailments of the kidneys are due to alcoholism. Alcohol is expelled through urine and causes numerous diseases involving the entire urinary system. It may also cause loss of bladder control.
Effect of Alcohol on the Heart
Since alcohol circulates through the blood stream it has a detrimental effect on the heart as well. Gradually, layers of fat get deposited on the heart and it increases in size and weight. The heartbeats of an alcoholic are faint or irregular.
Effect of Alcohol on Mental Faculties
The most destructive effect that alcohol can produce is on the overall psychology of the alcoholic. According to statistics available from mental hospitals the majority of the patients are those who have been long-time alcoholics.
The book 'Balahaee-e-Ijtemai' has quoted the magazine 'Health' which says:
According to medical research there are 2,00,000 lunatics in France who have become mad due to alcoholism. Also 80% of all mental patients have been drunkards. Further 40% of all the ailments that afflict the people are due to alcohol. According to British scientists, 90% of the lunatics are so, due to the effect of alcohol.
Effect of Alcohol on the Offsprings
The book also mentions that wine affects the sperm cells. A West German doctor has conducted research that indicates that the effect of alcohol lasts for at least three future generations of the alcoholic; even though these future generations may abstain from intoxicants.
Excessive drinking causes sterility
According to an American doctor Dr. Nelson, if a teetotaler can father eleven healthy children the alcoholic is at the most capable of having three normal children. Moreover these children may be plagued with fainting, migraine, hot temper, lunacy, mental disability or anemia. Such children are the victims of various mental and physical problems.
The effects of liquor are also mirrored in the character of the drunkard. The alcoholic is usually a person of low character and has a foul tongue. Being in a state of intoxication most of the time, his behaviour is not normal or rational. Not being in control of his senses due to the influence of intoxicants, he has no hesitation in committing evil acts like murder, plunder, adultery, sodomy, exposing other peoples secrets etc. In fact he will unhesitatingly break every law, be it of land or religion.
The Islamic code of life requires that a person should use whatever power of reasoning Allah has granted him to conduct himself with deliberation and discretion. In fact Islam expects every individual to try and improve his reasoning power by increasing his knowledge with study and by associating with those more knowledgeable than himself. Even good actions, without thought and intent are of no avail.
Islam therefore prohibits all such actions that affect the reasoning capacity of man. The acts that top this list are alcoholism, gambling, deceit and lying. All of which deprive man of his capacity to reason. Carnal desires and falsehood are two things that are instrumental in the demotion of man from the high position of humanity to the lowliness of the beasts. Such a person is not capable of carrying any important responsibility. It is very difficult for an alcoholic to excel in any field. Even if he resolves to do something, his resolution is soon defeated. The more difficult, the more important a task is, the more difficult it would be for an alcoholic to accomplish it. Even if the wisdom behind every Islamic act had been unknown, it would have sufficed to accept it, as the same is advocated by intellect.
The Holy Quran has termed as 'ithm' (sins) such acts as murder, slander, and withholding testimony before a qualified Judge. Murder has not been termed as 'ithm-e-kabir' (the greatest sin) whereas sins like alcoholism and gambling have been specified as the 'ithm-e-kabir' (the greatest sin). The quote ("and in alcohol and gambling there is even some profit for men") imply the profit which arises from the manufacture and sale of alcohol etc. But this profit is not even a pittance when compared to the losses that accrue with the consumption of alcohol. The loss of character, the loss of mental & physical health and over and above all this, the loss of Allah's Mercy and blessing in the hereafter.
The Quran says in Surah Maidah:
"O you who believe ! Surely intoxicants and games of chance and (sacrificing to) stones set up and (divining by) arrows are only an uncleanness, the Shaitan's works, shun it therefore that you may be successful."
(Surah Maaidah 5:90)
The prohibition regarding wine is of special significance in those two ayats for the following reasons:
1) The word 'innama' in the first ayat denotes emphasis.
2) Drinking of liquor is mentioned along with idolatry. Therefore drinking liquor is as serious a sin as idolatry.
3) Drinking of liquor has been classified as a satanic act along with gambling.
4) The verse emphatically orders one to avoid alcohol.
5) Avoidance of alcohol has been clearly shown to be a way of salvation.
6) The consequences of drinking liquor have also been listed namely; enmity, hatred and loss of belief in Allah.
7) Then it is asked whether you would now avoid this evil or not.
8) After the prohibition, Allah orders to obey Him and obey the Holy Prophet (s.a.w.s.). To beware of disobeying Allah and to know that the duty of the Holy Prophet (s.a.w.s.) is to convey the message and complete the proof.
Tafsir al-Mizan quotes the dictionary meaning of wine as any liquid intoxicant. In the beginning the Arabs used to prepare it from grapes, barley and dates. But gradually new types of wines began to be produced. Nowadays there are many chemically manufactured alcoholic drinks. All these can produce varying degrees of intoxication. But however slight the intoxication a drink may produce, it is considered haram. The word 'rijs' (indecency) implies everything that is evil. The Quranic verses equate liquor with indecency. Human nature of its own accord is not inclined towards liquor. It is the insinuation of Shaitan that persuades man to consume such filth. Shaitan creates the illusion in the human mind that by consuming liquor one can obtain bliss and a feeling of exhilaration. The Quranic verses declare that it is the Shaitan's plan to entice people towards wine, gambling and idol-worship so he can create enmity, hatred and avarice amongst them and succeed in diverting their thoughts away from Allah and their duty towards the Almighty. Due to loss of reason and self control they stoop to the lowest depths of inhuman behaviour. Under the influence of an intoxicant every thing vile and vicious appeals to their fancy. They get pleasure in destroying other people's wealth, honour and dignity ignoring all norms of civil behaviour. They may even speak insolently about their own religion and beliefs. They sink to the lowest depths of degradation when their own sisters and daughtersemerge to them as objects of gratification. When intoxicated a person will easily divulge the most confidential information in his possession.
The 33rd ayat of Surah Araf is as follows:
"Say, my Lord has only prohibited indecencies, those of them that are apparent as well as those that are concealed, and sin and rebellion without justice and that you associate with Allah that for which He has not sent down any authority, and that you say against Allah what do you not know."
'Fawahish' (indecencies) is the plural of 'fahsha' (indecency). In Arabic it implies an extremely evil act. The other sins that are described by this word in Quran are adultery, sodomy and falsely associating someone with adultery and sodomy. 'Ithm' implies 'sin', and the Holy Quran clearly indicates that drinking and gambling are 'ithm'.
There is a tradition narrated by Ali ibn Yaqteen in the book Al Kafi, wherein the Abbasid despot Mahdi asked Imam Musa al-Kazim (a.s.) regarding wine, "Is wine Haraam according to the Quran?" (Because) people know that it is prohibited but notaware that it is Haraam." Imam Musa al-Kazim (a.s.) replied:
"Wine is Haraam according to the Divine book."
"At what place in the Quran is wine shown to be Haraam?"
Imam Musa al-Kazim (a.s.) said,
"In the following statement of Allah,
'Say, my Lord has only prohibited indecencies, those of them that are apparent as well as those that are concealed.'"
(Surah Araf 7:33)
Imam (a.s.) further said,
"As far as the apparent indecencies are concerned, they imply open adultery and ensigns that were hung outside the houses of prostitutes in the days of ignorance. 'The concealed sin' implies the sin of marrying the step mother after the death of the father as the people of the days of ignorance used to do. Allah has also ordered this act to be Haraam. As far as sin is concerned, it is but "wine drinking". At another point, Allah says,
"They ask you about intoxicants and games of chance. Say: in both of them there is a great sin and means of profit for men, and their sin is greater than their profits."
(Surah Baqarah 2:219)
In the above tradition Imam (a.s.) first quotes the ayat where 'sin' is labelled as Haraam. Then he mentions that verse where wine is ordained to be a 'sin'. Hence when it is shown that 'sin' is Haraam and wine is sin, then wine (and all alcoholic drinks) must necessarily be Haraam.
Alcoholism According to the Traditions of Ahlul Bayt (a.s.)
Traditions that denounce alcohol are numerous. Imam Muhammad al-Baqir (a.s.) says:
"On the day of Qiyamat the drunkard would come with a black face, a protruding tongue and the saliva dripping upon his chest."
In another narration Imam (a.s.) informed:
"He will scream, 'Thirst! Thirst!' And Allah would have the right to make him drink from the well that contains the pollutants of the adulterers."
In a tradition from the Holy Prophet (s.a.w.a.), he says:
"One who is careless of namaz will be deprived of my intercession, and will not be able to reach me at the pool of Kausar1. And by Allah, my intercession will also not reach the one who consumes intoxicants, and he would not be able to reach me at the pool of Kausar."
One more tradition says, that the Holy Prophet (s.a.w.a.) cursed ten types of people in connection with wine:
1) One who plants a sapling with the intention of producing wine.
2) One who cultivates this sapling so that wine may be manufactured.
3) One who crushes the grapes.
4) One who drinks wine.
5) One who serves the wine.
6) One who transports wine.
7) One who takes delivery from the supplier.
8) One who sells wine.
9) One who buys it.
10) One who uses the income that is earned by (making or selling) wine.
Imam Ja'far as-Sadiq (a.s.) said:
"One who is addicted to wine (liquor) will meet the Lord (on the appointed day) like an idol worshipper."
Another tradition says that,
On the day of meeting of the Lord, the drunkard will be counted among the disbelievers."
(Wasaelush Shia, chapter of prohibited drinks )
Liquor is the root of all evils
Imam Muhammad al-Baqir (a.s.) has said,
"Disobedience to the order of Allah is mostly due to alcoholism. The alcoholic abandons namaz. He even commits incest under the influence of alcohol. He loses his senses."
(Wasaelush Shia: chapter of prohibited drinks)
Imam Ja'far as-Sadiq (a.s.) says,
"Certainly even if a person swallows only a mouthful of wine, at that very moment, the angels, the Prophets and the righteous believers send their curses upon him."
"And when he drinks enough to make him intoxicated, the spirit of belief leaves his body, it is replaced by the dirty, accursed, devilish spirit. When the person neglects prayers, he spreads corruption in society."
It is related from Imam Ja'far as-Sadiq (a.s.):
"One who drinks wine considering it halaal will remain forever in Hell. One who drinks wine, knowing it is Haraam will still taste the punishment of Hell."
Imam Ali ar-Reza (a.s.) has informed,
"Allah knows better that every Prophet who has been sent by Him did not have his religion completed till wine was prohibited. Wine has always been Haraam."
source : GREATER SINS by Ayatullah-ul-Uzma Sayed Abdul Husain Dastghaib Shirazi (r.a.)