.........Adultery Punishment in Islm............

[هشيم]

Fifth :



It is from Islam’s kindness with the sinners that the punishment will never be carried on only after crime is proven, there should be four fair-minded witnesses, they witness that they saw from the man and woman what is between man and his wife of direct connection (provided with jar of kohl, black eye liner jar) and that is very difficult to be seen by four people in this condition only a little …

Subsequently the punishment will not be carried out only by having four witnesses or confession or a clear evidence.

And more, Islam calls for covering and taking care , Islam is not inflicting punishments as revenge and is not blood shedding thirsty, and that is clear from the hadith that narrated by Abu Dawod in his Sunan Rubrics number 3805 and Albany corrected it in Correct Series number 3460 : Ma'iz came to the Prophet ( peace be upon him) and admitted (having committed adultery) four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you”. Muhamad Bin Ubaid narrated from Hamad Bin Zaid from Yahya from Ibn Munkadr that Hazal told Mahiz to come to Prophet (peace be upon him) and inform him.

So if one witness was uncertain about his evidence , this doubt is for adulterer’s benefit, the punishment will be abolished for these reasons :

1 – A weak hadith from Weak Collections number 258 Prophet (peace be upon him) said : “prevent carrying out punishments with suspicions”.

2 – Ibn Abi Shayba concluded in his category Omar Bin Khatab said : I strongly like to leave carrying out the punishment due to doubts than carrying it out with doubts.

Using this the Muslim judges then and now order to not carry out the punishment with suspicions.....





Sixth :



Animals (Monkeys) refuse adultery crime, Allah inspires them with the punishment (stoning) to be as a cure for their grudge; it was fixed in Bukhari Corrects , Book of (Virtues and Merits of the Prophet (peace be upon him) and his Companions) chapter (Pertaining to the oath in pre-Islam) number 3560 : Narrated `Amr bin Maimun:




During the pre-lslamic period of ignorance I saw a she-monkey surrounded by a number of monkeys. They were all stoning it, because it had committed illegal sexual intercourse. I too, stoned it along with them”.



Notice : the researchers disagree on the correctness of this narration.