Overview (Verses 15 - 16)

First Step Towards Eradicating Immorality
 
As for those of your women who are guilty of gross immoral conduct, call upon four from among you to bear witness against them. If they so testify, then confine the guilty women to their houses until death takes them or God opens another way for them. (Verse 15) And the two from among you who are guilty of the same, punish them both. If they repent and mend their ways, then leave them alone. God is the One who accepts repentance, the Merciful. (Verse 16)
 
Islam defines here its method, which aims at the cleansing and purification of society. In the first instance, it chooses to isolate those women who commit adultery from the rest of the community, once their guilt is proven. It also chooses to inflict physical punishment on those men who are sexually perverted, without specifying the type of punishment or its nature. At a later stage, Islam chose to mete out the same punishment to such men and women, which is flogging as explained in Sūrah 24, The Light, or Al-Nūr, and stoning to death as explained by the Sunnah. The ultimate aim of either punishment is to protect society and to guard its honour and morality.
 
In every situation and with every punishment, Islamic legislation provides guarantees which make it extremely difficult for injustice to take place and which make it almost impossible for punishment to be inflicted on the basis of suspicion or mistaken identity. This was especially important given that the punishment legislated could leave such a serious effect on people’s lives: “As for those of your women who are guilty of gross immoral conduct, call upon four from among you to bear witness against them. If they so testify, then confine the guilty women to their houses until death takes them or God opens another way for them.” (Verse 15)
 
Great care is being taken here. Firstly, the women on whom this punishment may be inflicted are defined as follows, “As for those of your women”, meaning Muslim women only. Furthermore, the men who are called in to testify to the occurrence of the offence are specified as follows, “Call upon four from among you”, meaning that they must also be Muslims. It is, then, a punishment for a certain kind of woman once the offence is proven by the testimony of certain men.
 
Islam does not allow non-Muslim men to testify against Muslim women, when they commit indecency. The four male witnesses must belong to the Islamic faith and the Muslim community, submit to its legislation, accept its leadership, care for its welfare and know what takes place within it. When it comes to the honour of a Muslim woman, the testimony of a non-Muslim is unacceptable, because we cannot be certain of his honesty and integrity. He has no interest in safeguarding the cleanliness and chastity of the community and he is not particularly interested in maintaining justice in that community. These safeguards have remained in effect even after the ruling in such cases was changed and the punishment for adultery was more clearly defined as flogging or stoning.
 
“If they so testify, then confine the guilty women to their houses.” (Verse 15) Thus they do not mix with or contaminate the Muslim society, nor are they allowed to marry or undertake any activity. This punishment continues “until death takes them” while they are confined in their houses, “or God opens another way for them”. This means that they themselves may change, or that their punishment may be changed. It also means that God may decide to do whatever He will with them. All this suggests that this is not a final ruling, but an interim verdict that takes into account certain circumstances in society. A different verdict which would be more permanent was, then, to be expected. This took place when the verdict and the punishment were changed to those outlined in Sūrah 24 and in the Sunnah. The strict guarantees which are provided here for the establishment of guilt have, however, remained the same.
 
Imām Aĥmad relates on the authority of `Ubādah ibn al-Şāmit that the Prophet used to be visibly affected every time revelations were bestowed on him from on high. His face changed and he looked ill at ease. One day, after he received revelations and he regained his colour, he said: “Learn this from me. God has opened another way for them, both in the case of a married man and a married woman and that of an unmarried man with an unmarried woman. For the married, one hundred lashes and stoning, and for the unmarried one hundred lashes and exile for a year.” This ĥadīth is also related by Imām Muslim and others but using different wording: “Learn this from me; learn this from me. God has opened another way for them: For an unmarried man with an unmarried woman, one hundred lashes and exile for a year; and for a married man with a married woman, one hundred lashes and stoning.” The practice of the Prophet confirms this in the case of Mā`iz and the Ghāmidī woman. It is stated in the authentic compilation of ĥadīth by Muslim that the Prophet stoned them to death, and did not inflict on them the lesser punishment of flogging. The same occurred when the case of two Jewish adulterers was put to him for judgement. His verdict was stoning to death and not flogging. The Prophet’s practice, then, shows that this is the final and permanent verdict.
 
The next verse also prescribes an interim measure: “And the two from among you who are guilty of the same, punish them both. If they repent and mend their ways, then leave them alone. God is the One who accepts repentance, the Merciful.” (Verse 16) It seems clear that the reference in the expression to “the two from among you who are guilty” of gross immoral conduct refers to two homosexual men. A number of scholars say that the punishment meant in the words `punish them both” is in the form of verbal rebuke and beating them with shoes.
 
“If they repent and mend their ways, then leave them alone.” Repentance and mending one’s ways indicate a fundamental change in character, method, action and behaviour. With this change, punishment should stop and the community should cease to inflict any harm on repenting homosexuals. In this context, leaving them alone means to cease punishing them.
 
This is followed by a profound concluding remark: “God is the One who accepts repentance, the Merciful.” (Verse 16) It is He who has ordered punishment, and it is He who orders that it must stop when the offender repents and mends his ways. People have no say in either the infliction of punishment or in its suspension. They only implement God’s laws and directives. He accepts repentance and turns in mercy to reformed offenders.
 
Another fine touch contained within this comment directs people to make mercy and compassion the basis of their dealings with one another. God accepts repentance and His grace is limitless. People, then, should be more tolerant of one another, overlook past mistakes and offences when they are followed by true repentance. This is not complacency in disguise. There is no mercy to hardened sinners. This is compassion extended only to repenters who want to reform themselves. They are accepted within the community. No one reminds or reproaches them again of their past offences, since they have mended their ways. The community is required to help them start a new, clean and pure life. It is also required to forget their past offences so that no ill-feeling is aroused which may tempt the repenting sinners to go back to their erring ways. Such a return will inevitably ensure their ruin in this life and in the life to come. Moreover, they will harbour grudges against the society as a whole.
 
This punishment, however, was later amended. In this respect, the Prophet is quoted as saying: “If you see anyone doing what the people of Lot used to do, kill both partners.”

A Perfectly Moral Society

All these sūrahs were revealed in Makkah when Islam enjoyed neither a state nor authority. Hence, no specific punishments were given for this offence, although its prohibition was established in Makkah. Only when a state that exercised power was established in Madinah, were punishments defined. Verbal directives and instructions were no longer sufficient to put an end to such crimes and protect society. Islam is a practical religion that appreciates that the power of the state is needed for the implementation of laws. According to Islam, religion is the system by which to regulate people’s practical life. It is not mere feelings and abstract values.
 
From the outset of the Islamic faith being accepted by some people in Makkah, it started to purify them. When Islam established its state in Madinah, which was backed by an authority able to implement a well defined legal code and able to shape the Islamic way of life in a practical form, it began to take practical steps to safeguard society against immoral conduct, adding to its directives the force of proper punishment. As we have already said, Islam is not merely general principles and abstract values. It adds to these a real authority to implement the principles in practice. Its structure cannot stand on one leg.
 
This applies to all Divine religions, even though some people wrongly claim that there were Divine religions that did not enjoin any law, system or governing authority. Every religion is a way of life, which is practical and down to earth. People submit themselves to God alone and receive their concept of faith, moral values, and practical legislation from Him only. Such legislation must be implemented by a government that can enforce such rules and punish those who violate them, and also protect society from any encroachment by the evils of ignorance. Thus, all submission is dedicated to God alone. This means that there are no deities, in any shape or form, who have the authority to legislate and establish values, standards, laws or regulations. The right to do all this belongs to God alone. Any creature that claims such a right is, in effect, claiming Godhead for himself. No religion revealed by God allows any man to be god or suffers him to make such a claim and put it into effect. Hence, no Divine religion would limit itself to mere beliefs without supporting them by a law and a governing authority.
 
In Madinah, then, Islam started to make its real presence felt by purifying the society through legislation which was put into practice. It defined punishment for offences, as we have seen in the rulings included in this sūrah. Some of these were later amended to take their final forms as determined by God.
 
The Surest Way to Human Destruction
 
It should not come as a surprise to us that Islam takes a very serious view of immorality and works hard for its total eradication. The most important feature of Jāhili (ignorant) societies throughout all ages, as we see today across the globe, is permissiveness and the shedding of all moral and legal inhibitions. Thus, promiscuity becomes an aspect of personal freedom that is only opposed by intolerant prudes. People living in ignorant societies may agree to forgo, willingly or unwillingly, all their human freedom but not their “animal” freedom. They will also rise up in arms against anyone who opposes promiscuity and tries to regulate their moral standards.
 
In ignorant societies, all systems collaborate to destroy moral barriers, weaken natural controls within man, give an innocent appearance to permissiveness and allow excessive promiscuity to run without checks or controls. This inevitably leads to the weakening of family and social controls, to the ridicule of natural, healthy feelings which are disgusted by permissiveness, and to the glorification of both physical and emotional nudity and all its methods of expression.
 
Islam tries to purify human feelings and societies from all these characteristics of promiscuous ignorance. You have only to read the poetry of Imru’l-Qais, the renowned poet of pre-Islamic Arabia, to find close similarities with the poetry of ancient Greece and that of the Roman Empire. You will also find close similarities with the arts and literature of contemporary Jāhiliyyah (or state of ignorance), Arabian and non-Arabian. Moreover, if we examine social traditions, the status of women and permissiveness in all Jāhiliyyah societies, ancient and contemporary, we are bound to conclude that they all start from the same concept and adopt similar slogans.
 
Such permissiveness always leads to the destruction of civilisation and the collapse of the nation in which it spreads. This is exactly what happened to the ancient Greek, Roman and Persian civilisations. It is also happening today to European and American civilisations, which have started their decline despite all the appearances of great advances in the industrial field. This is something that has been worrying men of wisdom in the West, although they feel that they are too weak to be able to check this destructive trend. The total destruction of society and civilisation is the inevitable end, yet the people of Jāhiliyyah, in all ages and societies, push forward towards permissiveness at full speed. Indeed, they are willing to sacrifice all their freedoms, and live the life of slaves, provided that they have the freedom to enjoy their animal indulgences.
 
This is indeed neither indulgence nor freedom. It is total enslavement to carnal desires, which makes man sink far below the standards of animals. Animals follow the dictates of their nature in this connection. They have special seasons when they become sexually active. Moreover, their sexual function is strictly linked to the purpose of procreation. A female does not accept the male except in her season of fertility. The male, on the other hand, does not make any advance towards the female except when she is ready. But God has left man to his own reason and made faith the power to control that reason. If he breaks loose from faith, he will find himself weak, subjected to much pressure. He cannot check and control his desire. It is impossible, therefore, to provide any real social checks and to make society truly clean except through faith. Yet faith needs to be backed by an organised authority to punish those who violate the bounds set by God. In this way, faith saves man from the depths of animal desire and elevates him to a position of honour among the rest of His creation.
 
Humanity today lives a life that gives faith a very secondary position. It does not have the benefit of a ruling body that derives its authority from faith. Hence, wise individuals in Western societies call in vain for the establishment of checks and controls. They may well save themselves the trouble because no one responds to mere words that are not backed by an executive authority and deterrent punishments. The church and the clergy also make their contribution against promiscuity, but it all goes in vain. No one responds to a lost faith lacking the authority to undertake the implementation of its laws and directives. Thus, mankind moves headlong towards the abyss without any hope of salvation.
 
That this civilisation will ultimately be destroyed is absolutely certain, as is evident by all past human experience. This is true despite the apparent strength of this civilisation and its great foundation. Man is indeed the greatest of all these foundations. When man is destroyed, civilisation cannot remain in existence, supported only by factories and newly-implemented robotic production.
 
If we fully appreciated how profound this truth is, we would be able to recognise the greatness of Islam. For it has legislated its severe punishment for promiscuity and gross indecency in order to protect man from his own destruction. This is the only way for human life to be established on proper human foundations. We would also recognise the extent of the crime committed by those systems which collaborate to destroy the foundation of human life through the glorification of promiscuity and permissiveness, giving them such appealing names as “art”, “freedom” and “progress”. Every means that contributes to the destruction of man is a crime and it must be called as such. Moreover, it must be countered with sound advice as well as stern punishment. This is what Islam does because it is a religion with a perfect system.