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I.e., "the injunctions whereof We have made self-evident by virtue of their wording": thus, according to Bukhari (Kitab at-Tafsir), ~Abd Allah ibn 'Abbas explains the expression faradnaha in this context (cf. Fath al-Bari VIII, 361). The same explanation, also on the authority of Ibn 'Abbas is advanced by Tabari. It would seem that the special stress on God’s having laid down this surah "in plain terms" is connected with the gravity of the injunctions spelt out in the sequence: in other words, it implies a solemn warning against any attempt at widening or re-defining those injunctions by means of deductions, inferences or any other considerations unconnected with the plain wording of the Qur'an.
It must not be thought that the checking of sex offences or of minor improprieties, that relate to sex or privacy, are matters that do not affect spiritual life in the highest degree. These matters are intimately connected with spiritual teaching such as Allah has sent down in this Sura. The emphasis is on "We": these things are not mere matters of convenience, but Allah has ordained them for our observance in life.
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The term zina signifies voluntary sexual intercourse between a man and a woman not married to one another, irrespective of whether one or both of them are married to other persons or not: hence, it does not - in contrast with the usage prevalent in most Western languages - differentiate between the concepts of "adultery" (i.e., sexual intercourse of a married man with a woman other than his wife, or of a married woman with a man other than her husband) and "fornication" (i.e., sexual intercourse between two unmarried persons). For the sake of simplicity I am rendering zina throughout as "adultery", and the person guilty of it as "adulterer" or "adulteress", respectively.
The number of those to be present has been deliberately left unspecified, thus indicating that while the punishment must be given publicity, it need not be made a "public spectacle".
The address here is to legal authorities. Adultery has to be proven either by confession or the testimony of four reliable witnesses.
Zina includes sexual intercourse between a man and a woman not married to each other. It therefore applies both to adultery (which implies that one or both of the parties are married to a person or persons other than the ones concerned) and to fornication, which, in its strict signification, implies that both parties are unmarried. The law of marriage and divorce is made easy in Islam, so that there may be the less temptation for intercourse outside the well-defined incidents of marriage. This makes for greater self-respect for both man and woman. Other sex offences are also punishable, but this Section applies strictly to Zina as above defined. Although zina covers both fornication and adultery, in the opinion of Muslim jurists, the punishment laid down here applies only to unmarried persons. As for married persons, their punishment, according to the Sunnah of the Prophet (peace be on him), is stoning to death.
Cf. iv. 15, and n. 523.
The punishment should be open, in order to be deterrent.
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The term mushrik (fem. mushrikah), which normally signifies a person who associates in his or her mind all manner of imaginary deities or forces with God, or who believes that any created being has a share in His qualities or powers, is here evidently used in the widest metaphorical sense of this term, denoting one who accords to his or her desires a supremacy which is due to God alone, and thus blasphemes against the principles of ethics and morality enjoined by Him. The particle aw (lit., "or") which connects the word mushrikah with the preceding word zaniyah ("adulteress") has in this context - as well as in the next clause, where both these terms appear in their masculine form - an amplifying, explanatory value equivalent to the expression "in other words" or "that is", similar to the use of this particle in 23:6 . For a further elucidation of the above passage, see next note.
Some of the commentators understand this passage in the sense of an injunction: "The adulterer shall not marry any but an adulteress or a mushrikah; and as for the adulteress, none shall marry her but an adulterer or a mushrik." This interpretation is objectionable on several counts: firstly, the Qur'an does not ever countenance the marriage of a believer, however great a sin he or she may have committed, with an unbeliever (in the most pejorative sense of this term) secondly, it is a fundamental principle of Islamic Law that once a crime has been expiated by the transgressor's undergoing the ordained legal punishment (in this case, a hundred stripes), it must be regarded, insofar as the society is concerned, as atoned for and done with; and, lastly, the construction of the above passage is clearly that of a statement of fact (Razi), and cannot be interpreted as an injunction. On the other hand, since adultery is an illicit sexual union, the verb yankihu, which appears twice in this passage, cannot have the customary, specific meaning of "he marries" but must, rather, be understood in its general sense - applicable to both lawful and unlawful sexual intercourse - namely, "he couples with". It is in this sense that the great commentator Abu Muslim (as quoted by Razi) explains the above verse, which stresses the fact that both partners are equally guilty inasmuch as they commit their sin consciously - implying that neither of them can excuse himself or herself on the ground of having been merely "seduced".
It is reported in a ḥadîth collected by At-Tirmiⱬi that Marthad ibn Abi Marthad, a companion of the Prophet (ﷺ), asked if he could marry ’Anâq, a pagan prostitute he befriended in Mecca before he accepted Islam. So this verse was revealed. However, if someone committed a sin then later repented genuinely, they will be accepted by Allah and the rest of the believers.
Islam commands sex purity, for men and for women, at all times,-before marriage, during marriage, and after the dissolution of marriage. Those guilty of illicit practices are shut out of the marriage circle of chaste men and women.
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The term muhsanat denotes literally "women who are fortified [against unchastity]", i.e., by marriage and or faith and self-respect, implying that, from a legal point of view, every woman must be considered chaste unless a conclusive proof to the contrary is produced. (This passage relates to women other than the accuser's own wife, for in the latter case - as shown in verses {6-9} - the law of evidence and the consequences are different.
By obvious implication, this injunction applies also to cases where a woman accuses a man of illicit sexual intercourse, and is subsequently unable to prove her accusation legally. The severity of the punishment to be meted out in such cases, as well as the requirement of four witnesses - instead of the two that Islamic Law regards as sufficient in all other criminal and civil suits - is based on the imperative necessity of preventing slander and off-hand accusations. As laid down in several authentic sayings of the Prophet, the evidence of the four witnesses must be direct, and not merely circumstantial: in other words, it is not sufficient for them to have witnessed a situation which made it evident that sexual intercourse was taking or had taken place: they must have witnessed the sexual act as such, and must be able to prove this to the entire satisfaction of the judicial authority (Razi, summing up the views of the greatest exponents of Islamic Law). Since such a complete evidence is extremely difficult, if not impossible, to obtain, it is obvious that the purpose of the above Qur'anic injunction is to preclude, in practice, all third-party accusations relating to illicit sexual intercourse - for, "man has been created weak" ({4: 28}) - and to make a proof of adultery dependent on a voluntary, faith-inspired confession of the guilty parties themselves.
The most serious notice is taken of people who put forward slanders or scandalous suggestions about women without adequate evidence. If anything is said against a woman's chastity, it should be supported by evidence twice as strong as would ordinarily be required for business transactions, or even in murder cases. That is, four witnesses would be required instead of two. Failing such preponderating evidence, the slanderer should himself be treated as a wicked transgressor and punished with eighty stripes. Not only would he be subjected to this disgraceful form of punishment, but he would be deprived of the citizen's right of giving evidence in all matters unless he repents and reforms, in which case he can be readmitted to be a competent witness. The verse lays down the punishment for slandering "chaste women", which by consensus of opinion also covers slandering chaste men. Chaste women have been specifically mentioned, according to Commentators, because slandering them is more abhorrent.
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I.e., who publicly withdraw their accusation after having suffered the punishment of flogging - which, being a legal right of the wrongly accused person, cannot be obviated by mere repentance and admission of guilt. Thus, the above-mentioned exemption relates only to the interdict on giving testimony and not to the punishment by flogging.
The punishment of stripes is inflicted in any case for unsupported slander. But the deprivation of the civic right of giving evidence can be cancelled by the man's subsequent conduct, if he repents, shows that he is sorry for what he did, and that he would not in future support by his statement anything for which he has not the fullest evidence. Secular courts do not enforce these principles, as their standards are lower than those which good Muslims set for themselves, but good Muslims must understand and act on the underlying principles, which protect the honour of womanhood.
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Lit., "then the testimony of any of these shall be four testimonies [or "solemn affirmations"] before God".
In order to be spared the punishment for false accusation.
The case of married persons is different from that of outsiders. If one of them accuses the other of unchastity, the accusation partly reflects on the accuser as well. Moreover, the link which unites married people, even where differences supervene, is sure to act as a steadying influence against the concoction of false charges of unchastity particularly where divorce is allowed (as in Islam) for reasons other than unchastity. Suppose a husband catches a wife in adultery. In the nature of things four witnesses-or even one outside witness-would be impossible. Yet after such an experience it is against human nature that he can live a normal married life. The matter is then left to the honour of the two spouses. If the husband can solemnly swear four times to the fact, and in addition invoke a curse on himself if he lies, that is prima facie evidence of the wife's guilt. But if the wife swears similarly four times and similarly invokes a curse on herself, she is in law acquitted of the guilt. If she does not take this step, the charge is held proved and the punishment follows. In either case the marriage is dissolved, as it is against human nature that the parties can live together happily after such an incident.
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Thus, the husband's accusation is to be regarded as proven if the wife refuses to take an oath to the contrary, and disproved if she solemnly sets her word against his. Inasmuch as this procedure, which is called li'an ("oath of condemnation"), leaves the question of guilt legally undecided, both parties are absolved of all the legal consequences otherwise attending upon adultery - resp. an unproven accusation of adultery - the only consequence being a mandatory divorce.
This ruling is called li’ân in Islamic legal system. Once the husband and the wife swear each five times, as specified in 24:6-9, the marriage is terminated forever—which means that they can never be remarried.
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This sentence, which introduces the section dealing with the condemnation of all unfounded or unproven accusations of unchastity - as well as the similar sentence which closes it in verse {20} - is deliberately left incomplete, leaving it to man to imagine what would have happened to individual lives and to society if God had not ordained all the above-mentioned legal and moral safeguards against possibly false accusations, or if He had made a proof of adultery dependent on mere circumstantial evidence. This idea is further elaborated in verses {1-15}.
Cf. xxiv. 11-14, and n. 2962, which illustrates the matter by a concrete instance.
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Lit., "those who brought forth the lie (al-ifk, here denoting a false accusation of unchastity) are a numerous group ('usbah) among you". The term 'usbah signifies any group of people, of indeterminate number, banded together for a particular purpose (Taj al-'Arus).-According to all the commentators, the passage comprising verses {11-20} relates to an incident which occurred on the Prophet's return from the campaign against the tribe of Mustaliq in the year 5 H. The Prophet's wife 'A'ishah, who had accompanied him on that expedition, was inadvertently left behind when the Muslims struck camp before dawn. After having spent several hours alone, she was found by one of the Prophet's Companions, who led her to the next halting-place of the army. This incident gave rise to malicious insinuations of misconduct on the part of 'A'ishah; but these rumours were short-lived, and her innocence was established beyond all doubt. - As is the case with all Qur'anic allusions to historical events, this one, too, is primarily meant to bring out an ethical proposition valid for all times and all social circumstances: and this is the reason why the grammatical construction of the above passage is such that the past-tense verbs occuring in verses {11-16} can be - and, I believe, should be - understood as denoting the present tense.
I.e., in the sight of God: for, the unhappiness caused by unjust persecution confers - as does every undeserved and patiently borne suffering - a spiritual merit on the person thus afflicted. Cf. the saying of the Prophet, quoted by Bukhari and Muslim: "Whenever a believer is stricken with any hardship, or pain, or anxiety, or sorrow, or harm, or distress - even if it be a thorn that has hurt him - God redeems thereby some of his failings."
I.e., by stressing, in a legally and morally inadmissible manner, certain "circumstantial" details or aspects of the case in order to make the slanderous, unfounded allegation more believable.
Because now you can tell who is a true believer and who is a hypocrite.
This refers to ’Abdullâh ibn Ubai, the leader of the hypocrites in Medina.
The particular incident here referred to occurred on the return from the expedition to the Banui Mustaliq, A.H. 5-6. When the march was ordered, Hadhrat 'Aisha was not in her tent, having gone to search for a valuable necklace she had dropped. As her litter was veiled, it was not noticed that she was not in it, until the army reached the next halt. Meanwhile, finding the camp had gone, she sat down to rest, hoping that some one would come back to fetch her when her absence was noticed. It was night, and she fell asleep. Next morning she was found by Safwan, a Muhajir, who had been left behind the camp expressly to pick up anything inadvertently left behind. He put her on his camel and brought her, leading the camel on foot. This gave occasion to enemies to raise a malicious scandal. The ringleader among them was the chief of Madinah Hypocrites, 'Abudllah ibn Ubai, who is referred to in the last clause of this verse. He had other sins and enormities to his debit, and he was left to the punishment of an unrepentant sinner, for he died in that state. The minor tools were given the legal punishment of the law, and after penitence mended their lives. They made good.
It is worse for a scandal to be whispered about with bated breath, than that it should be brought into the light of day and disproved.
The ringleader: see n. 2962 above.
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Lit., "whenever you hear it" - the pronoun "you" indicating here the community as a whole.
Both men and women were involved in spreading the scandal. Their obvious duty was to put the best, not the worst, construction on the acts of one of the "mothers of the Believers".
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This interpolation is necessary in view of the fact that the believers spoken of in the preceding verse are blamed, not for making the false accusation, but for not giving it the lie.
Lit., "in support thereof" ('alayhi).
If any persons took it seriously, it was their duty to search for and produce the evidence, in the absence of which they themselves became guilty of slander.
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Sc., "yourselves and your whole society". With this and the next verse the discourse returns to, and elaborates, the idea touched upon in verse {10} and explained in note [11].
Cf. xxiv. 10 above. It was Allah's mercy that saved them from many evil consequences, both in this life and in the Hereafter, -in this life, because the Prophet's wise measures nipped in the bud any incipient estrangement between those nearest and dearest to him, and from a spiritual aspect in that the minor agents in spreading the scandal repented and were forgiven. No doubts and divisions, no mutual distrust, were allowed to remain in their hearts after the whole matter had been cleared up.
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There are three things here reprobated by way of moral teaching: (1) if others speak an evil word, that is no reason why you should allow it to defile your tongue; (2) if you get a thought or suspicion which is not based on your certain knowledge, do not give it currency by giving it expression; and (3) others may think it is a small matter to speak lightly of something which blasts a person's character or reputation: in the eyes of Allah it is a most serious matter in any case, but specially when it involves the honour and reputation of pious women.
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