50 lashes for married person who commit adultery?
In reference to the arguments made by readers in RPK article entitled 'Does an Islamic State really exist?', One of the commenter stated that married person who commit adultery (fornication) punishment is 50 lashes and not 100 lashes. He also challenges other readers to come out with the verse about the punishment of stoned to death (Rajam) in the Quran for married person who commit adultery. I have quoted below the exact comment made by the reader:
You lie here. Show me in Quran, where married persons who have illegal sex are to be stoned to death? I dare you to show me the reference verse. In Quran, a married persons punishment is half of 100, and that is 50 lashes lah. Jangan tipu Ahmad Chen.
I seek refuge with Allah from the Shaitaan the rejected. Brother and sister, please correct me if I'm wrong in any of my explanation as I am still learning. It is best for me to include my resources which are:
1. Al-Quran Translation in English by Abdullah Yusuf Yusuf Ali
2. Abridged Tafsir Ibn Kathir from Darussalam Publication
3. Hadeeth Sahih Bukhari (translated by M. Muhsin Khan)
Al-Quran clearly state that the punishment for adultery is 100 stripes for person commits Zina
From Al-Quranul Karim, Surah An-Nur verse 02:
- Al-Qur'an, 024.002 (An-Noor [The Light]) Surah 24 Verse 02 -
This honorable Ayah contains the ruling on the law of retaliation for the person who commits illegal sex, and details of the punishment. Such a person will either be unmarried, meaning that he has never been married, or he will be married, meaning that he has had intercourse within the bounds of a lawful marriage, and he is free, adult and of sound mind. As for the virgin who is unwedded, the prescribed punishment is one hundred stripes, as stated in this Ayah. -Tafsir Ibnu Kathir-
From this ayah and explanation taken from Ibnu Kathir, we can completely refute the statement made by the above reader and we can confidently state that the punishment for adultery for married or unmarried person is 100 lashes. So how did the reader come out with the statement about half of the number of lashes? I believe the reader mistaken of the punishment of adultery for slave girls as stated below.
The Slave Girl's Punishment for Adultery is Half(50) that of a Free Unmarried Woman
See Al-Quran, Surah An-Nisa' verse 04:
..And after they have been taken in wedlock, if they commit Fahishah, their punishment is half of that for free (unmarried) women.
- Al-Qur'an, 004.025 (An-Nisa') Surah 4 Verse 25 -
This verse indicates that the type of punishment prescribed here is the one that can be reduced to half, lashes in this case, not stoning to death, and Allah knows best. -Tafsir Ibnu Kathir-
Is there any verse in the Al-Quran for the punishment of stoning to death (Rajam) for married person who commit Zina?
As far as I know (please let me know if I'm wrong), there is no verse in the Al-Quran mention about the punishment of Rajam for married person who commit Zina. This is based on the hadith from Sahih Bukhari:
'Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." 'Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him." - Sahih Bukhari Volume 8, Book 82, Number 816 -
Stoning to death (Rajam) punishment for married person who commits adultery was taken from the original and authentic Torah based on this Hadeeth:
A Jew and a Jewess were brought to Allah's Apostle on a charge of committing an illegal sexual intercourse. The Prophet asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya." 'Abdullah bin Salam said, "O Allah's Apostle, tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So Allah's Apostle ordered that the two (sinners) be stoned to death, and so they were stoned. Ibn 'Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess.
- Sahih Bukhari Volume 8, Book 82, Number 809 -
This Ayah was revealed about the two Jews who committed adultery. The Jews changed the law they had in their Book from Allah on the matter of punishment for adultery, from stoning to death, to a hundred flogs and making the offenders ride a donkey facing the back of the donkey. When this incident of adultery occurred after the Hijrah, they said to each other, "Let us go to Muhammad and seek his judgement. If he gives a ruling of flogging, then implement his decision and make it a proof for you with Allah. This way, one of Allah's Prophets will have upheld this ruling amongst you. But if he decides that the punishment should be stoning to death, then do not accept his decision.'' (quoted from Tafsir Ibn Kathir)
From Al-Quranul Karim, Surah Al-Maeda verse 41:
- Al-Qur'an, 005.041 (Al-Maeda) Surah 05 Verse 41 -
From this, we can conclude that there is no verse in the Quran stating about the punishment of Rajam. However, the verse from Surah Al-Maeda have a correlation with the event of the stoning to death for married couple who commits Zina which the punishment is based from the authentic Torah.
Good Reading Resources:
1. Islamic Legal Analysis of Zina Punishment of Bariya Ibrahim Magazu
2. Sentencing Adulterers to Death (IslamOnline.net)
3. Islamic Criminal Justice: Is it Barbaric?
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