>Salaam alaikum.
(You might need to check out these related articles first : http://takhlees.blogspot.com/search/label/zina )
The punishments of stoning and death penalty for adultery and homosexuality is in contradiction with the Quranic commands as we will see in this article, and therefore is unjust and should be rejected and opposed by those who really believe in The Quran.
Let’s look into it.
STONING / RAJM
The Quran has associated the practice of stoning with the kafireen:
18/20: For surely if they prevail against you they would STONE you to death or force you back to their religion, and then you will never succeed.
Therefore any so-called Muslim who believes in, supports or carry outs such injustice is actually among the kafireen/rejectors/disbelievers.
PUNISHMENT FOR ADULTERY / ZINA / FAHISHA
In The Quran, the punishment of flogging/lashing is for three types of women who commit the crime: The Azwaaj/wives, al-muhsanaat/secured women and fatayaat/young women.
The punishment for azwaaj and al-muhsanaat(alongwith their accomplice, the zaani) committing zina(adultery) / fahisha(lewdness) is mentioned in 24/2-9, while the punishment for fatayaat is mentioned in 4/25.
Both the zaaniya and the zaani are to be lashed 100 stripes each. A group of al-momineen should be allowed to witness their punishment:
The above verses are about al-muhsanaat(24/4) and azwaaj(24/6). The punishment for fatayaat is in 4/25. Their punishment is half that of al-muhsinaat, that is 50 lashes.
The punishment for women(azwaaj and milke yameen) of the Nabi is double if they commit fahisha:
If the women have committed open lewdness, the man can take back from whatever he had given to them:
Such women can be expelled from their homes:
Furthermore momin men and women are forbidden from marrying the zaniya and the zaani. The zaani cannot marry except a zaaniya or mushrikah. And none can marry the zaaniya except a zaani or mushrik:
PUNISHMENT FOR PRACTICING HOMOSEXUALITY / AL-FAHISHA
The word used in the Quran when talking about practicing homosexuality is ‘AL-fahisha’. (and not just ‘fahisha’ as used when talking about zina)
The punishment for practicing lesbians:
* four witnesses should be appointed over them. If they witness, the women should be restricted to their homes until death takes them or Allah makes a way out for them:
Punishment for practicing gays:
* Men found guilty of committing homosexuality do not require witnesses over them.
* They can be be made to “hurt”, but cannot be restricted to homes.
* If they repent and reform, then they should not be bothered:
It is also important to note that “among YOUR WOMEN” and “among YOU” implies that the punishment for practicing homosexuality can only be given by the family of the offenders, and no one else has the right to enforce it, IMHO. It is different in case of zina because of the transaction made between two parties, i.e. the payment made by the husband TO the wife(zawj) and/or FOR the ‘right hands owned'(milke-yameen), and for the betrayal of the woman as she was reserved for the husband.
Moreover The Quran does not forbid the believing men and women from marrying people known to have homosexual feelings. Nabi Lut (peace be upon him) actually offered his daughters in marriage to homosexual men:
Nor do I find any indication that committing homosexual misconduct breaks the marriage, as it can in case of Zina, IMHO.
—
Fahad Ali Khan
http://takhlees.blogspot.com/