Establishing the Hadd (punishment) of Zinaa using modern methods

Question 10: A slanderer accuses a Muslim of Zinaa (sexual intercourse outside marriage) and fails to bring four witnesses to it. Then the court proved the guilt by the natural evidence, reports from a chemist and a fingerprint specialist, in addition to the circumstantial evidence. Will the penalty for Qadf (falsely accusing a chaste person of involvement in prohibited sexual relations) be administered to the slanderer? It seems that this issue is a free interpretation of the Aayah (Qur’aanic verse) concerned.

Answer: It is not valid to prove the crime of Zinaa depending on reports from a chemist and a fingerprint specialist, or circumstantial evidence. This, in fact, implies collection and mixing of evidence, creates charges and doubts and cannot stand for evidence… read more here.

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Denying the Hadd (punishment) of stoning

Question 9: Someone denies the penalty of stoning to death and claims that the Prophet (peace be upon him) applied this Hadd before the revelation of Soorah al-Noor following the rulings of Tawraah (Torah), but after the revelation of this Soorah he did not.

Answer: It is authentically established, verbally and in deeds, that under the Islaamic Sharee`ah a person who commits Zinaa (sexual intercourse outside marriage), if he is Muhsan (someone in a state of fortification against illegal sexual intercourse outside marriage by virtue of valid current or previous marriage), men and women alike, he is to be stoned. In practice, the Messenger of Allaah (peace be upon him)… read more here.

What is the ruling on having a girlfriend (in a living relationship)?

Question 8: A man lived with a woman (without marriage) for a long time and she bore him many children. Afterwards, he legally married two women who bore him many children. Now, the man wants to drive the first woman out of his house, but the children will not allow him to do so. What should he do?

Answer: Firstly, having a girlfriend is considered Zinaa (sexual intercourse outside marriage), which is prohibited according to the Book of Allaah, the Sunnah (whatever is reported from the Prophet) and the Ijmaa` (consensus of scholars). These two individuals must separate, perform Tawbah (repentance to Allaah) and seek Allaah’s Forgiveness. If they sincerely repent and conclude a sound marriage contract, there will be no sin on them… read more here.

Is it permissible to drink Khamr (intoxicant) as a cure for illness?

Question 7: Someone drinks Khamr (intoxicants) and commits Zinaa (sexual intercourse outside marriage) but they perform Salaah (Prayer) and the other fundamental deeds of Islaam; is the `Ibaadah (worship) they perform considered valid?

Answer: Whoever drinks Khamr, commits Zinaa, or indulges in any sin while considering it Halaal (lawful); is regarded as a Kaafir (disbeliever) whose good deeds are rendered invalid. On the other hand, if that person commits sins because the weakness of their souls overcomes them but they… read more here.

Paying money instead of executing the Hadd (punishment)

Question 6: What is the ruling on substituting a prescribed penalty proven by texts of the Qur’aan and the Sunnah with a monetary fine? For example, instead of cutting off the hand of a thief, he is fined a sum of money and instead of stoning an adulterer and flogging a fornicator, they are fined a specific sum of money.

Answer: It is not permissible to substitute the Hudood (ordained punishments for violating Allaah’s Law) that Allaah decreed with monetary fines; because the Hadud are Tawqeefee (bound by a religious text and not amenable to personal opinion) and it is not permissible to change them… read more here.

Can victim pardon the culprit by himself or herself?

Question 5: In the current Shawwaal 20, two students in the first grade in the preparatory school committed homosexuality with a third student, after bullying him and preventing him from seeking help. The case is pending for investigation. My question is: Is it permissible for the guardian of the victim to forgo the two perpetrators and give up the complaint, or is this one of Allaah’s Rights?

Answer: The guardian of the victim is not permitted to forgo, for executing the punishment is Allaah’s right, and the ruler is the one responsible for the execution… read more here.

Are Hudood (punishments) expiation for those who receive them?

Question 4: Will a sinner who receives the Hadd (ordained punishment for violating Allaah’s Law) in worldly life be punished on the day of Resurrection?

Answer: It is reported in the Two Saheeh (authentic) Books of Hadeeth (i.e. Al-Bukhaaree and Muslim) and in other books, from `Ubaadah ibn al-Saamit (may Allaah be pleased with him) from the Prophet (peace be upon him) that he said… read more here.

A family executing the Hadd (punishment) of Zinaa in a foreign country

Question 3: I would like to know the legal decision on a person who commits a crime that incurs Hadd (ordained punishment for violating Allaah’s Law) such as Zinaa (sexual intercourse outside marriage). It should be noted that the law of the country where we live has a different punishment for this crime and if we, the family of the sinner, execute the Hadd, we will be punished by the government. What will happen if we do not execute the Hadd? Should he repent to Allaah? To what extent will Allaah accept his repentance?

Answer: You are not entitled to execute the punishment; because execution of Hudood (ordained punishments for violating Allaah’s Law) against the fornicator or any criminal, is the responsibility of the ruler or his deputy officers… read more here.

Executing the Hadd (punishment) of Zinaa in a foreign country

Question 2: There is a Muslim man who lives in Ghana which is a Christian country that does not abide by the rulings of Islaam. That man committed Zinaa (adultery). Thus, he deserved Hadd (ordained punishment for violating Allaah’s Law). He asked the Muslims who live there to apply the ruling of Sharee`ah (Islaamic law) to him. However, the government there prohibits ruling according to any law other than Christian laws. What is the ruling on that person? Has he thus expiated his sin or not? He exposed himself to punishment. However, he was denied it.

Answer: If a person commits Zinaa, they should perform sincere Tawbah (repentance to Allaah) and conceal themselves if Allaah conceals them, not ask for the Hadd to be applied to them. It is only a Muslim governor, or his deputies, who can apply Hudood. It is impermissible for the Muslims to undertake this job, as it leads to anarchy and tribulations… read more here.

Executing Hadd (punishment) in the absence of the Muslim ruler

Question 1: Is it permissible to execute Hudood (ordained Islaamic punishments for violating Allaah’s Law) when there is no Muslim ruler?

Answer: Only a Muslim ruler or his deputy is entitled to execute the Hudood, so as to keep order, prevent transgression, and oppression, and provide security. A sinner has to repent to Allaah, seek His Forgiveness and increase his good deeds. If he returns to Allaah in genuine repentance, Allaah will forgive him and pardon him out of His Grace and Clemency. Allaah (Exalted be He) says… read more here.