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In the Name of God بسم الله

The punishment of adultery in the Quran

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Salam

I hope everyone is doing well amidst these frightening events. 

I wanted to bring forth what the Quran says about both zina and adultery:

"Those who commit adultery, men or women, give each of them a hundred lashes" Qur'an 24: 2.

"Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way."(Qur’an 4:15)

Now what I don't understand is that why many sharia laws give another ruling of a wife committing adultery, which is killing. Why do we have narrations which also say the same thing, but the Holy Quran says another? For example, there is a narration (i dont have the source with me), but during the reign of Imam Ali (عليه السلام), a woman who committed adultery had to enter a deep hole that was already dug and the people had to throw rocks at her, if she is able to climb out then she is free, but if she can't she will keep getting stoned until she died. Is anyone familiar with this hadith and is it from a reliable source?

What does our marja3, like Sayyid Sistani's view on punishing someone by death? 

Just wanted to hear other people's thoughts on this 

fee amanillah

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The term “house” probably not the correct translation (I could be wrong) it’s probably “housing” when there is a deep wide hole it can become a stoning housing. 

If you were mechanical minded I would give the example of “oil filter housing”

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1 hour ago, 3wliya_maryam said:

Salam

I hope everyone is doing well amidst these frightening events. 

I wanted to bring forth what the Quran says about both zina and adultery:

"Those who commit adultery, men or women, give each of them a hundred lashes" Qur'an 24: 2.

"Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way."(Qur’an 4:15)

Now what I don't understand is that why many sharia laws give another ruling of a wife committing adultery, which is killing. Why do we have narrations which also say the same thing, but the Holy Quran says another? For example, there is a narration (i dont have the source with me), but during the reign of Imam Ali (عليه السلام), a woman who committed adultery had to enter a deep hole that was already dug and the people had to throw rocks at her, if she is able to climb out then she is free, but if she can't she will keep getting stoned until she died. Is anyone familiar with this hadith and is it from a reliable source?

What does our marja3, like Sayyid Sistani's view on punishing someone by death? 

Just wanted to hear other people's thoughts on this 

fee amanillah

Allah (SW) made it that 4 witnesses are required so that women would not be falsely punished. The ahadith on the execution of adulterers (whether male or female) are basically mutawatir (strong with multiple chains) in both Sunni and Shia books so there is no conflict there. For 24:2 that is the punishment for unmarried people who fornicate whilst death is for those who are married yet decide to engage in adultery. This is because adultery whilst married can emotionally devastate a spouse. Moreover, I'm not sure about that hadith as it seems quite far fetched.

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11 hours ago, GloryOfReligion said:

This is because adultery whilst married can emotionally devastate a spouse. Moreover, I'm not sure about that hadith as it seems quite far fetched

So it’s okay to just kill them ? What if the women repents , does she or he still have to go through that?

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12 hours ago, THREE1THREE said:

The term “house” probably not the correct translation (I could be wrong) it’s probably “housing” when there is a deep wide hole it can become a stoning housing. 

If you were mechanical minded I would give the example of “oil filter housing”

 Can you elaborate on this please

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39 minutes ago, 3wliya_maryam said:

 Can you elaborate on this please

I was indeed incorrect on the “housing” translation but the explanation as an example is correct.

 

12 hours ago, GloryOfReligion said:

confine the guilty women to houses until death takes them

These houses are housings for the adulterous women. It’s not saying that you should confine her in your house. Rather it’s a place where she is just alone in the house and can’t do anything at all. It’s somewhat similar to house arrest. 

13 hours ago, 3wliya_maryam said:

or Allah ordains for them [another] way."

 

13 hours ago, 3wliya_maryam said:

Imam Ali (عليه السلام), a woman who committed adultery had to enter a deep hole that was already dug and the people had to throw rocks at her, if she is able to climb out then she is free, but if she can't she will keep getting stoned until she died.

I remember hearing this Hadith in one of the lectures of sayyed Ammar. 

Notice how Allah says “or Allah ordains for them [another] way”

this is a another way. 

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Upon entering a marriage with another individual, both parties solemnly swear and agree to uphold the terms of the marital contract, at the forefront being faithfulness to one’s own spouse.

Now the subject isn’t as simple as what is proposed, for example if somehow you are able to get four witnesses that are able to clearly see the penetrative act, then the prosecution begins and it is not a straight death penalty, based on my limited knowledge.

Many factors are to be taken into consideration, for example was the sexual act done due to intense blackmail, threatening, need for sustenance, etc 

Once an adulteress was going to be stoned by order of Umar, but Imam Ali absolved her, because she did so out of a dire need for money to spend on her children. Within an ideal Islamic state these cases will be nearly if not completely non-existent, as the severely impoverished will have an outlet through Zakat/Khumus and many other matters which address the issue of poverty.

Also an important thing to note is, does the person committing the act of adultery know of the severity of the action and it’s evil nature, for example once a man was brought to Imam Ali and they told him this man needs to have his hand cut off because he stole, our Imam asked if he was aware of the rulings pertaining to theft, was he in need of food, what condition was he in when he stole. 

All these meticulous matters play a critical role and even when the individual checks all the boxes, there is still room for the Imam to rescind the penalty, as was done by the Prophet and Imams in countless instances.

Now you may ask what then is the point of having such a penalty in place if the Imam/Prophet did not even order it, I believe it is to highlight the severity of the act, because in reality it is truly treacherous to be unfaithful to one’s spouse solely out of selfish desire, with consideration that your needs are being met.

Also, at times there will be cases where a certain evil will continue to lurk within a society/community until it is eradicated and such matters act as a prime motivator towards the eradication of such an evil as infidelity.

There are undoubtedly flaws somewhere in my assessment and inshallah they can be pointed out by anyone, however, I hope what I said could have been of help. Allah knows best.

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