The Legal Implications of Adultery
Adultery, or zina, is strictly prohibited in Islamic law and is considered one of the gravest sins after associating partners with God and unjustly taking a life. This prohibition is substantiated by numerous teachings from the Holy Qur’an, the Sunnah of the Prophet Muhammad (peace be upon him), and the consensus of scholars. The Qur’an states: (And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.)
Additionally, in the Hadith narrated by Abdullah ibn Mas’ud (may Allah be pleased with him), he asked the Prophet (peace be upon him) about the gravest sin in the sight of Allah. The Prophet replied, (To associate partners with Allah despite He created you.) When Abdullah inquired further, the Prophet mentioned killing one’s child out of fear of hunger, and then he noted adultery with the wife of a neighbor as another major sin. There is a clear consensus among Muslims regarding the prohibition of adultery, and there is no dispute on this matter.
Adultery has varying degrees of severity and consequences, posing serious risks to both individuals and society. It can lead to the confusion of lineage, loss of inheritance rights, and serves as a primary cause of family breakdown, resulting in the displacement and moral decline of children, along with other significant harms.
Punishment for Adultery
The punishment for adultery varies depending on whether the perpetrator is a married or unmarried individual. The details are as follows:
Punishment for an Unmarried Adulterer
The punishment for an unmarried individual who commits adultery, known as a “bikr,” is lashes. Allah (The Exalted) states: (The female and the male adulterer or adulteress, lash each one of them with a hundred lashes.) This verdict is unanimously agreed upon by scholars.
Punishment for a Married Adulterer
For a married individual who commits adultery, the agreed-upon punishment is stoning to death. This is supported by a Hadith narrated by Jabir ibn Abdullah (may Allah be pleased with him): (A man from Aslam came to the Messenger of Allah (peace be upon him) and confessed to having committed adultery. He testified against himself four times, and thus the Prophet ordered his stoning.) This penalty applies whether the adulterer is male or female and continues until death.
It is crucial to note that if someone finds themselves in a situation leading to such a prohibited act, they must strive to conceal their actions and sincerely repent to Allah (The Most Exalted). No one is permitted to spy upon them, and the prescribed punishment is only enforced if the case reaches a judge or their representative, either through the individual’s own admission or through public witnesses. Punishments can only be applied if all conditions are thoroughly met.
Conditions for Enforcing the Punishment for Adultery
Establishing the punishment for adultery requires several conditions, some of which are agreed upon while others are subject to disagreement. These conditions include:
Agreed Upon Conditions
The conditions that are generally agreed upon include:
- The adulterer must have reached the age of maturity; a minor who commits adultery is exempt from punishment by consensus.
- The individual must be sane; insanity absolves one from punishment, and if one party is insane and the other is of sound mind, the punishment is applied only to the sane individual.
- Penetration must occur between the male genitalia and the female genitalia.
- The perpetrator must have knowledge of the prohibition against adultery.
- The act of adultery must be conclusively proven without any doubt, either through the individual’s confession or through eyewitness testimony from four witnesses who personally observed the act. Should any witness fail to testify, the punishment will not be enforced, as noted in the Qur’an: (And if they do not bring four witnesses, then they are the liars in the sight of Allah.) Furthermore, the witnesses must be male and Muslim, as well.
- If the crime is proven through the individual’s confession, the judge must reconsider the confession to ensure it indicates adultery rather than mere foreplay, potentially questioning whether the individual kissed or touched instead. If the individual retracts their confession after the punishment has been decreed, the punishment is nullified.
- The act of adultery must involve a human; any acts with animals are exempt from punishment but may warrant reprimand.
Conditions of Disagreement
The conditions that scholars disagree upon include:
- The Maliki school requires that the adulterer be Muslim, while the majority hold that punishment can apply to non-Muslims as well.
- Some scholars argue that if an individual is coerced into committing adultery, they should not be punished, while others claim they are liable. For instance, a woman who is raped or coerced into adultery is not subject to punishment.
- The treatment of anal intercourse has differing opinions among scholars; the consensus in the Maliki school and one view among the Shafi’is hold that stoning can apply regardless of marital status due to biblical context. Others, however, argue that the punishment differs based on marriage status or advocate for lesser penalties if the behavior is repeated.
- If the act of adultery is with a deceased individual, the general consensus, including amongst Malikis (except for one of their views), is that there is no punishment; however, the Maliki view does permit punishment if the act is proven with a corpse based on their more common interpretation.
It’s important to point out that the wisdom behind the punishment for adultery is to safeguard individuals from engaging in sinful acts. Establishing this punishment serves as a significant deterrent against transgression. Adultery can cause profound negative impacts not only on individuals but on society at large. The most detrimental of these effects is perhaps lineage confusion. It should also be noted that Islam prohibits nothing without providing an alternative. For this reason, Islam has sanctioned marriage, encouraged it, and promoted it as a means to fulfill all human desires and protect individuals from moral decay.