Lesson 82

Penalties

Penalties:

A penalty is the prevention from doing what Allah prohibits through a deterring punishment, which applies to every sane mature Muslim able to choose and who perpetrated a sin for which Islam set a

punishment.

    The punishment for partaking of any alcoholic or mind altering substance,

after one’s confession or the testimony of two upright witnesses, is to be scourged

with eighty stripes.

The punishment of false accusation of unchastity is to be scourged with eighty

lashes.

It is that one accuses another of perpetrating an obscene act without

having witnesses. This is a great vice that decreases the moral integrity of the

accuser.

Fornication:

The punishment of fornication for the unmarried: a hundred lashes

accompanied with/without leaving his country for a year. As for the married: it

is to have him stoned to death.

To execute the punishment, adultery must be positively proved by the

testimony of four eyewitnesses who must be sure that they fully saw the crime.

Thus, it is a punishment that suits the act of publicizing obscenity.

Sodomy:

The punishment of sodomy is death for both the married and the unmarried

alike.

Theft:

The punishment of theft which takes place during inattention of the victim is cutting

the hand.

The crime is proved either by confession or by the testimony of two just witnesses.

• The value of the stolen item must be more than a quarter of a dinar

(a dinar = 4.25 gm of gold),

• The stolen item should not be something unlawful.

• To apply this punishment, there should not be general poverty or famine,

• The country should be applying social

solidarity and Zakah as ordained by Islam.

Highway robbery under duress:

The punishment of highway robbery is either death, crucifixion, cutting a leg

and a hand alternately (one left and other right or vice versa), or exile.

Evidence from the Qur’an and Sunnah

Penalties:Alcoholic drinking:

(See the verses and Hadiths of prohibition mentioned in ‘Manners of consuming

food and beverages’.)

Abu-Hurayrah (RA) narrated:“A man who had drunk wine was brought

before the Prophet (SAWS) when he was in Hunayn. He threw some dust on his

face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands.”

(Reported by al-Bukhariyy)

 False accusation of non-chastity:

 

Allah says:

ي�أ�ت�وا ﴿ ل�م� ث�م� ن�ات ص� ال�م�ح� م�ون� ي�ر� ال�ذ ين� و�ل�د�ة� ج� ان ين� ث�م� ل د�وه�م� اج� ف� د�اء� ه� ش� ب�ع�ة ر�

ب أ��ب�د�ا أ اد�ة� ه� ش� م� ل�ه� ب�ل�وا ت�ق� : ﴾و�ال� [4النور]

This means:

“And those who accuse chaste women, and produce not four witnesses, flog them with

eighty stripes, and reject their testimony forever.”

(An-Nur: 4)

`A’ishah (RA) narrated:“When my vindication came down, the Prophet

(SAWS) mounted the pulpit and mentioned that, and recited the Qur’an. Then, when he

came down from the pulpit, he ordered regarding the two men and the woman, and

they were given the prescribed punishment.” (Reported by at-Tirmidhiyy) 

 Adultery:

Allah says:

ة� ﴿ ش� اح ف� ك�ان� ن�ه� إ ن�ى الز5 ب�وا ر� ت�ق� و�ال� � ب يال س� اء� ﴾و�س�

: [32اإلسراء ]

This means: “And come not near to the unlawful sexual

intercourse. Verily, it is a Fahishah [i.e. anything that transgresses its limits (a

great sin)], and an evil way (that leads one to Hell unless Allah forgives him).”

(Al-Isra’: 32)

And says:

د9 ﴿ اح و� ك�ل� ل د�وا اج� ف� ان ي الز� و� ان ي�ة� الز�ة> أ�ف� ر� ا م� ب ه ذ�ك�م ت�أ�خ� و�ال� ل�د�ة9 ج� ا�ئ�ة� م ا م� ن�ه� م5

ب الله ن�ون� ت�ؤ�م ك�نت�م� إ ن الله د ين ف ىة> ط�ائ ف� م�ا ع�ذ�اب�ه� د� ه� ل�ي�ش� و� ر اآلخ ال�ي�و�م و�

ن ين� ؤ�م ال�م� : ﴾م5ن� [2النور]

This means:

“The woman and the man guilty of illegal sexual intercourse, 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.

(This punishment is for unmarried persons guilty of the above crime;

but if married persons commit it, the punishment isto stone them to death,

according to Allah’s law).

(An-Nur: 2)

Allah also says:

ائ ك�م� ﴿ ن5س� م ن ة� ش� اح ال�ف� �ت ين� ي�أ و�الال�ت ىإ ن ف� نك�م� م5 ب�ع�ة� ر�

� أ ن� د�واع�ل�ي�ه ه ت�ش� اس� ف� ال�ب�ي�وت ف ي ك�وه�ن� م�س

أ� ف� د�وا ه ش�ن� ل�ه� الله� ع�ل� ي�ج� و�

أ� ال�م�و�ت� اه�ن� ي�ت�و�ف� ت�ى ح� � ب يال   ﴾س� : [15النساء ]

This means: “And those of your women who commit

illegal sexual intercourse, take the evidence of four witnesses from amongst

you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for

them some (other) way.” (An-Nisa’: 15)

The Prophet (SAWS) said:

"An adulterer, at the time he is committing illegal sexual intercourse is not a

believer.”

(Reported by al-Bukhariyy and Muslim)

`Abdullah Ibn-Mas`ud (RA) narrated:“I said: O Allah's Messenger! Which sin is the greatest? He said: To set up a rival unto Allah,

though He Alone created you. I said: What next? He said: To kill your son lest he should

share your food with you. I further asked: What next? He said: To commit illegal sexual intercourse with the wife of your neighbor.”

(Reported by al-Bukhariyy and Muslim)

Zayd Ibn-Khalid al-Jihani (RA) narrated:“I heard the Prophet (SAWS) ordering that

an unmarried person guilty of illegal sexual intercourse be flogged

one-hundred stripes and be exiled for one year.”

(Reported by al-Bukhariyy)

Buraydah Ibnul-Hasib (RA) narrated:“We, the Companions of the Prophet of Allah (SAWS), used to talk mutually: Would that al-

Ghamidiyyah and Ma`iz Ibn-Malik had withdrawn after their confession; or he said:

Had they not withdrawn after their confession, he would not have pursued them

(for punishment). He had them stoned after the fourth (confession).”

(Reported by Abu-Dawud)

Abu-Hurayrah (RA) narrated:“A man and a woman of the Jews committed

fornication. Some of them said to the others: Let us go to this Prophet, for he has been

sent with an easy law. The Prophet (SAWS) said: So I decide in accordance with what the Torah says. He then commanded regarding

them and they were stoned to death.” (Reported by al-Bukhariyy and Muslim)

 Adultery should be positively proved:

Abu-Hurayrah (RA) narrated:“A man of the tribe of Aslam came to the

Prophet (SAWS) and testified four times against himself that he had had illicit

intercourse with a woman, while all the time the Prophet (peace be upon him)

was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have

intercourse with her? He replied: Yes. He asked: Have you done it so that your

sexual organ penetrated hers? He replied: Yes. He asked: Have you

done it like a collyrium stick when enclosed in its case and like a rope in a

well? He replied: Yes.” (Reported by Abu-Dawud)

The Prophet (SAWS) said:

“If I were to stone one without evidence, I would have definitely stoned her

(the wife of `Uwaymir al-`Ajlani).”

(Reported by al-Bukhariyy and Muslim)

Sodomy:

The Prophet (SAWS) said:

“If you find anyone doing as Lot's people did, kill the one who does it, and the one

to whom it is done.”

(Reported by at-Tirmidhiyy and Abu-Dawud)

Theft:

 

Allah says:

ا ﴿ م� �ي�د ي�ه� أ اق�ط�ع�وا ف� ة� ار ق� و�الس� ار ق� و�الس�الله� و� الله م5ن� ن�ك�اال� ب�ا ك�س� ا ب م� اء� ز� ج�

ك يم> ح� ﴾ع�ز يز> : [38المائدة]

This means:

“Cut off (from the wrist joint) the (right) hand of the thief, male or female, as a

recompense for that which they committed, a punishment by way of example from

Allah. And Allah is All Powerful, All Wise.”

(Al-Ma’idah: 38)

The Prophet (SAWS) said:

“Allah curses a man who steals an egg and gets his hand cut off.”

(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“When somebody steals, then he is not a believer at the time he is stealing.”

(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would have

her hand cut off.”

(Reported by al-Bukhariyy and Muslim)

He (SAWS) also said:

“The hand of a thief should not be cut off but for a quarter of a dinar and

upwards.”

(Reported by Muslim)

He (SAWS) also said:

“Cutting off the hand is not to be inflicted on one who plunders,

but he who plunders conspicuously does not belong to us.”

(Reported by Abu-Dawud and Ahmad)

The Prophet of Allah (SAWS) said:

“If anyone’s intercession intervenes as an obstacle to one of the punishments

prescribed by Allah, he has opposed Allah.”

(Reported by Abu-Dawud)

The Prophet Muhammad (SAWS) said to Usamah (RA):

“Do you intercede in a penalty ordained by Allah?”

(Reported by al-Bukhariyy and Muslim)

 Highway robbery under duress:

Allah says:

ول�ه� ﴿ س� و�ر� الله� ار ب�ون� ي�ح� ال�ذ ي ن� اء� ز� ج� ا ن�م� إع�و�ن� ي�س� و�

و� � أ ل�ب�وا ي�ص� و�

أ� ت�ل�وا ي�ق� أ�ن اد�ا ف�س� ض ر�األ� ف ي

م ن� و�ا ي�نف� و�أ� خ الف9 م5ن� م ل�ه� ج� ر�

وأ� م� �ي�د يه أ ط�ع� ت�ق�ف ى م� ل�ه� و� الدQن�ي�ا ف ى ي> ز� خ م� ل�ه� ذ�ل ك� ض ر�

األ� * ب�ل ق� م ن ت�اب�وا ال�ذ ين� إ ال� ع�ظ يم> ع�ذ�اب> ة ر� اآلخ

ور> غ�ف� الله� أ�ن� وا اع�ل�م� ف� م� ع�ل�ي�ه وا د ر� ت�ق� أ�نيم> ح : ﴾ر� [34-33المائدة]

This means: “The recompense for those who wage war

against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their

disgrace in this world, and a great torment is theirs in the Hereafter.

Except for those who (having fled away and then) came back (as Muslims) with

repentance before they fall into your power; in that case, know that Allah is Oft

Forgiving, Most Merciful.”

(Al-Ma’idah: 33 - 34)

And says:

ت�ت�ل�وا ﴿ اق� ن ين� ؤ�م ال�م� م ن� ت�ان ط�ائ ف� إ ن و�ع�ل�ى ا م� د�اه� إ ح� ب�غ�ت� إ ن ف� ا م� ب�ي�ن�ه� وا ل ح� ص�

أ� ف�إ ل�ى يء� ت�ف ت�ى ح� ت�ب�غ ي ال�ت ي ات ل�وا ق� ف� ى ر� األ�خ� ب ال�ع�د�ل ا م� ب�ي�ن�ه� وا ل ح� ص�

أ� ف� اء�ت� ف� إ ن ف� الله ر م�أ�

ط ين� س ال�م�ق� Qب ي�ح الله� إ ن� ط�وا أ�ق�س ﴾و�: [9الحجرات]

This means: “And if two parties or groups among the believers

fall to fighting, then make peace between them both, but if one of them rebels against the other, then fight you (all) against the one that which

rebels till it complies with the Command of Allah; then if it complies, then make

reconciliation between them justly, and be equitable. Verily! Allah loves those who are

equitable.” (Al-Hujurat: 9)