Assalamu aleikum (peace be upon you:) )
amuse:
"funny, i have an assignment due wednesday, it's on the koran and a fictitious tribe that discovers it in 700 c.e.; we're to describe how it uses this book to to build their city (on socio-economic and political lines). i'm firmly believe in the separation of church and state, but well, this helps
a little bit with wrapping my brain around such a very hard concept"
That should be a very interesting, if at the same time highly challenging, assignment. If you need any help, feel free to ask, but I must warn you, the islamic fiqh (islamic law) is a very complex issue, and numerous books have been written on it. If you don't have enough time, try to look up some references on the internet, just search for "islamic fiqh".
Since I am sure that the most controversial issue on islamic law is the well-known and many times misrepresented issue of "stoning of women", I will try to shed some light on this. First of all, one must understand that modesty and honor is highly regarding in Islam. Pre marriage sex is not permitted. It is believed that family is the most important institution and that everything needs to be done in order to save and protect it. Divorce is allowed, but as Allah s.v.t said, it is to Him the most hated allowed thing. Therefore, everything needs to be done in order to avoid divorce. Also, Islam is set up on the principle that everything that leads to haram (forbidden thing) is also forbidden. The laws are enforced and made for the causes, not only for the effects of certain deeds. For example, it is forbidden to drink alcohol, and to avoid being tempted by this, and to commit this sin for any reason, all precautins are taken, therefore, it is not only forbidden to drink it, but to sell or buy it, to sit with someone who drinks alcohol, to help make it etc. This eliminates all the causes that can lead to the negative effect of getting drunk, driving while under intoxication, having an accident while under the influence, figting..and many other long term effects also.
Because of this principle, Islam has implemented many rules as to how to avoid adultery, and everything that is perceived as encourages adultery or leads to it, is also punishable by law. Adultery is one of greater sins, because its consequences are grave, both for the family as well as for the whole society. Diseases are spread, families broken up, morals are lost, children are born out of wed lock, women are left to raise children themselves, if it happens during marriage, the woman may get pregnant without her husband knowing that it may not be his daugther or son etc. Because of this, adultery is punishable by death.
However, one must recognize another fact in Islam, and that is the value of human life. Allah s.v.t places a high importance on human life and says that it is sacred, and whoever kills an innocent human being, it is as though he has killed all human kind. Everything that harms human life is strictly forbidden, suicide is one of the greatest sins (it is said that those who commit it, will find themselves in hell, and their punishment will be that they will commit suicide repeatedly in the same way that they choose to take their life in this life). Therefore, before death penalty is enforced, there are laws that need to be followed to ensure justice. First of all, one must make a difference between those who commit adultery while not married, and those who are married and commit it. The punishment is not the same, because those who are married bring injustice to other people when doing such a thing; for example, they hurt their families, risk divorce, could spread diesase to their unknowing spouse etc.
When two people, who are not married, commit adultery, their punishment is to be wipped by 100 stripes. In the verse, Allah s.v.t says:"2. The Zaniyah(adulterer) and the Zani(adulteress), flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment."(Surah En-Nur, verse 2) If a woman or man commits adultery while they are married, their punishment is to be stoned to death. Before this can be enforced, however, one must produce four witnesses who will give an oath before the judge and swear that they have seen those accused of commiting adultery. If one cannot produce four witnesses to the crime, the punishment cannot be enforced. In the same surah, verse 4, Allah s.v.t says: "And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the rebellious." In this verse, it is obvious, how sacred human life and honor are, and that one cannot go around accusing women of having committed adultery, if one does not have any proof, except one's own suspicion.
The most important and most neglected verse, when it comes to adultery, is the following:
"6. And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of those who speak the truth.
7. And the fifth (testimony); invoking of the curse of Allah on him if he be of those who tell a lie.
8. But she shall avert the punishment from her, if she bears witness four times by Allah, that he is telling a lie.
9. And the fifth; should be that the wrath of Allah be upon her if he speaks the truth.
10. And had it not been for the grace of Allah and His mercy on you! And that Allah is the One Who forgives and accepts repentance, the All-Wise."
This shows that if there are no four witnesses to testify of the crime, and only the husband accuses his wife of commiting it, he has to swear four times by Allah, that he is telling the truth, and the fifth time invoke the course of Allah if he is telling the lie. However, if the wife swears four times that her husband is lying, and the fifth time asks for God's wrath if he is not lying, no punishment can be carried out. In this case, the witness of the accused is higher than that of the accuser, because, as I stated earlier, human life is sacred, and if there is not enough evidence, than it must be saved from punishment, in this case death.
I hope this will help disperse some of the negativity regarding this law, since one can see how hard it is to ever enforce it in real life, and that it is merely used to scare of those who think about committing adultery. How many times can one really produce four witnesses when adultery is committed? One should think about these things before judging this rule or blaming muslims for being primitive savages.
