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Zina Verses
But let us look at the Quran and consider the
Ayats which mention the word Zina. The word is used both for
men and women. There are two Surahs in which the concept is
discussed by use of the word Zina. The first is Surah 17,
Al Isra or Bani Israil, verse 32 - primarily about the Ascension
of the Prophet but also purity in sexual relations and probity
in all dealings:
Nor come nigh to adultery
For it is a shameful (deed)
And an evil, opening the road
(To other evils)
The second reference is in Surah 24 Al Nur, verse 2, and it
speaks of the regulation of sexual behavior and reprobation
of false slander against women:
The woman and the man
Guilty of fornication
Flog each of them
With a hundred stripes
And let a party of believers
Witness their punishment
It is this verse which has been subject of many interpretations
although the words of the Quran could not have been clearer.
It states that the punishment applies equally to men and women,
and second that it comprises 100 stripes - not a single more
or less. I, for one, cannot read anything in this verse which
can be understood as stoning to death.
So, where did this interpretation come from
and how much credence does it deserve? According to some authoritative
sources this particular passage refers 'only' to fornication
(not adultery) for which the punishment is 100 stripes. For
adultery the punishment (according to one account of the Sunnah
[practice] of the Prophet) is stoning to death.
According to another account this was the
old Jewish punishment. When a Jew once asked the Prophet what
he should do in case of Zina, the Prophet is supposed to have
said 'follow your practice'. In such a short space there are
already two interpretations. For me, therefore, it is the
word of the Quran that needs to be adhered to, above and beyond
all interpretations.
Besides, I cannot accept this attribution
to the Prophet because it goes against his entire personal
attributes and interpersonal relationships. It is also inconsistent
with the sensitivity of the Quran in dealing with matters
pertaining to human beings in general and women in particular.
Let us again, consider the facts as explained
in the Quran. The undesirability of adultery enjoins that
it should be punished. The punishment should serve as a deterrent.
100 stripes are a severe punishment and when publicly meted
out to men and women it certainly puts fear in the spectators'
hearts as well. But what is the basis of this punishment?
The Quran orders that such punishment should never be given
without solid proof. And what is the proof? In the case of
women the Quran requires that four persons be produced who
have actually witnessed the act with their own eyes. This
is clearly stated in Surah 4 Al Nisa:
If any of your women
Are guilty of lewdness
Take the evidence of four
(Reliable) witnesses from amongst you
Against them
This condition obviously reflects the concern in Islam for
women victimized by false accusations. Not one, not two, nor
three but four witnesses are required - a clear message in
the formidable condition. Where can four such persons be found
who can testify as eyewitnesses?
The general injunction for bringing such a
charge against men is two witnesses. But two does not suffice
for women. "To protect the honor of women," writes
translator and commentator, Abdullah Yusuf Ali, "stricter
evidence is required; i.e. evidence of four instead of the
usual two witnesses."
And this is not the only protection provided
for women. Those (miscreants) who bring such a severe charge
against women and fail to produce four witnesses are required
to be given an equally severe punishment, almost. If the adulterer
is given 100 lashes, the false accuser is to be given 80 lashes.
Once again this injunction is clear and unequivocal:
And those who launch
A charge against chaste women
And produce not four witnesses
(To support their allegations)-
Flog them with 80 stripes;
And reject their evidence
Ever after: for such men
Are wicked transgressors
(Surah Al Nur, 24:4)
The tragedy is that the very words of the Quran which protect
women against the wicked transgressions and profligacy of
men, whose habits have not changed much in 1400 years, are
twisted around to convey the exact opposite. And the equality
of the sexes in punishment and reward, enjoined by Islam,
is conveniently forgotten.
This is precisely why Amina in Nigeria and
Zafran Bibi in Pakistan are dragged to the Shariat courts,
and the men who are guilty go scot-free. It is such shameful
dual standards that result in the most 'engendered' faith
being regarded as the most 'anti-women' religion today. We
need to dispel this falsehood.
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