Sexual Relations and Crimes by Ghulam Ahmed Parwez

Sexual Relations and Crimes

1. Adultery (Fornication).
a) Sexual relations with a woman other than the wife (who came under marriage bond) is called 'adultery'. Regarding the singularities of believers it is said: (23-5:6) "They are those who abstain from sexual indulgence; except with those joined to them in the marriage bond or captive females, (who, before the revelation of the Quranic injunctions, regarding the prevention of the institution of slavery), came into their possessions (47:4) and who, after coming under the marriage bond were given equal status with the wives). There is no reproach in conducting husband-and-wife relations with them."

After this it is said: (23:7); (70:29-31) "But those who indulge in any extra-marital sex, are transgressors, and that is a serious crime under the Divine Law (24:2)."

b) Adultery (fornication) is a crime and except in the case of rape, both man and woman are equally guilty. Thus it is said in Surah An-Noor (24th Chapter of the Quran): (24:2) "The woman and the man guilty of adultery, inflict on each of them one hundred lashes. Let not compassion move you in their case because it has been prescribed by Allah, if you believe in Allah and the life Hereafter (i.e. on the fact that since these are Allah's Commandments, their results are bound to appear forth) and let a party of the believers witness their punishment (so as to make sure that the punishment has been given according to Law)."

Nowhere in the Quran is it indicated that four eye witnesses, who have observed the act of fornication, are required to testify. For this, see under the heading "Acts of immodesty" (shameful acts leading towards 'zina') which shall be described later on.

c) The punishment for 'zina' is flogging with hundred stripes each for both man and woman. The punishment of 'stoning' is nowhere to be found in the Quran.

d) If a 'captive' woman commits adultery, her punishment is half as compared to a free believing woman: (4:25) "After slave women enters into wedlock and then become guilty of immodesty (adultery), her punishment is half that of a free woman; (24/4) because they were not brought up under circumstances conducive to a high character and thus, such acts were not considered blamable in their previous life; a high standard of behaviour therefore cannot be expected from them as in the case of a woman of nobility. It is necessary to keep such factors in view while handing out punishment."

An important principle can be inferred from it that while proclaiming judgement for a crime, the circumstances, the upbringing, and! the mental calibre etc. of the criminal ought to be kept in mind. That is what is meant by giving half punishment to a captive woman.

On the other hand it has been said that if the wives of the Nabi commit a crime, their punishment shall be double: (33:30) "O consorts of the Nabi! If any of you were guilty of evidently unseeming conduct, your punishment would be doubled. There shall be no difficulty in doing so, in view of its being a Divine Law, because your life has got to serve as a model for other women.

e) Do not create such circumstances that those under your protection are compelled to commit adultery. Thus it is said in Surah 'An-Noor' (24th Chapter of the Quran): (24:33) "Those of your grown-up girls (maids or slave women) who intend to get married, do not stop them from doing so, for the sake of making any worldly gain. This way they might be compelled to commit adultery. If anybody forces them to such conditions, there is provision in the Divine Law which protects them from this compulsion and provides them means of sustenance. (It is the duty of an Islamic State to provide them such protection)."

2. Sodomy and female to female manipulation.
If two men (or two women) are guilty of lewdness, give them suitable punishment. (The punishment has not been prescribed by the Quran). But if there exists a possibility of their correction, the court in its own opinion can forgive them. (4:16) Those two men who commit such shameful act, should be suitably punished; but if they show penitence, reform and mend their ways, they should be forgiven. There is room for forgiveness in the Divine Law (which in most cases becomes a blessing in checking crimes)."

The word in this verse is a masculine gender (i.e. two men) but by deduction it can also be "two women"; that is why we have included it in the heading above (which means two lesbian women. The Holy Quran has described homosexuality as the most hateful act in verses (7:81) and (27:55). This highlights the fact that such sexual acts are a crime.

3. Preliminaries that incite adultery.
a) Those women who commit such shameful acts which lead towards adultery, and four eye witnesses are available for this act, such woman shall be forbidden to leave their homes: (4:15) "If any of your women are guilty of shameful acts (which lead towards adultery) take the evidence of four reliable witnesses from amongst you against them; and if they testify and the crime is proved, confine them to houses, until death claims them, or Allah ordains for them some (other) way, (for example they get married, if they are unmarried)."

The punishment for adultery is mentioned in verse (24:2) and punishment for slandering (false accusation) in verse (24:4).

The word in this verse is often translated as 'adultery', but we do not consider it correct because the Quran has ordained 'a hundred lashes' as punishment for adultery (24:2) and here the punishment is 'confinement in the homes'; and thus it does not mean adultery. It means such immodest acts which, if not constrained, can result in adultery. That is why we have described it under the heading 'Preliminaries leading to adultery'. It is nowhere given in the Quran that witnesses are required to prove the commission of adultery.

b)If a married woman commits an act of lewdness, some amount can be reduced from her dower (at the time of divorcing her consequent to such an act). It has been described earlier under the heading 'DOWER'. (4:19).

4. Immodest actions.
a) Do not go near lewdness (immodesty), open or hidden; (6:152) and (7:33). Do not ever get close to immodesty either in thought or in action, be it open or secret.

b) The circulation of talks regarding acts of immodesty is prohibited. It is a crime to do so: (24:19) "Remember! Those who wish to propagate talks of lewdness among the believers, will have a grievous penalty in this life and in the life Hereafter. Allah knows (how destructive are such acts,) and you know not."

This includes all acts and means which cause diffusion of actual immodesty or thoughts about it.

c) There is room for forgiveness if those who commit such acts and mend their ways: (3:134) "Those of the believers, who commit an indecency, or having wronged themselves (or others) due to oversight or a slip, do not

persist with it and earnestly revert to Allah for forgiveness: by so doing they save themselves from the harmful effects of their wrongdoings. As a matter of fact, nothing can save them from the harmful effects of wrongdoings except turning towards the Divine Law."

5. Pestering honourable women or spreading gossips about them.
This is a heinous crime for which the punishment extends from withdrawal of their citizen's rights to death sentence.

In Surah Ahzaab (33rd Chapter of the Quran) it is said:(33:59) "O Nabi! Tell your wives, daughters and the believing women that they should let down upon them overgarments (when they come out of their homes) This is more proper so that they may be recognised (as noble women) and Allah is ever forgiving, merciful."

After this it is said: (33:60-61) "You take this precaution and if even after this the hypocrites and those in whose hearts is a disease and those who stir up sedition in the city, desist not, force shall certainly be used against them; then they will not be able to stay in as your neighbours for any length of time. They shall have a curse on them, wherever they are found; their rights of citizenship shall be confiscated. If even then, they do not mend their ways, they shall be seized and put to death mercilessly."

6. False accusation (Calumny).
a) One who makes a false accusation against honourable women, must produce four witnesses. If the accusation is proved to be false, his punishment is eighty stripes and after this his evidence shall not be accepted. However, if there is possibility of his correction, he can be excused. (24:4-5) moreover (24:23) and (60:12)

Chastity is an invaluable asset and a Permanent Value, therefore it must be firmly protected. Thus it is ordained: "Those who make a false accusation against chaste woman and produce not four witnesses in support (of their allegation), flog them with eighty lashes, and reject the evidence of such untrustworthy people; (confiscate their human rights) thereafter, if still they do not come to the right path, give them more severe punishment (24/23) _ for such men are wicked transgressors. However, if they discard their erroneous ways thereafter and mend (their conduct), they can be excused because in the Divine Law there is room for forgiveness and excuse, (with this, the casual criminal not only gets protection but also is not deprived of the means of sustenance)".

b) Anybody who raises a charge against his own wife (accuses her of adultery) and fails to produce witnesses, he should take an oath upon Allah four times and in the fifth oath invoke a curse of Allah. But if the wife takes a similar oath five times for her exoneration, she shall not be considered a criminal: (24:6-9) "And for those who raise a charge against their spouses and have (in support) no evidence except their own, the matter will be decided thus: they should bear testimony four times (with an oath) by Allah that they are solemnly telling the truth, and the fifth (oath) should be that they solemnly invoke the curse of Allah upon themselves, if they are telling a lie."

With this the wife shall be considered guilty. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie. And the fifth oath should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.

c) If a person commits a crime and blames it on some other person, it shall be considered a double crime (on account of his own and that of false allegation on others): (4:112) "If any one falls into error or commits a crime and throws it on to one who is innocent, he carries (on himself both) a falsehood and a flagrant sin. As such he has loaded himself with a double crime (with the load of his own crime and the load of the false allegation)."

7. Privacy.
One should not enter other people's houses without permission. (24:27-29) "O you who believe! Enter not houses other than your own, until you have sought permission from and complimented those in them. This upkeep of social etiquette is best for you, so that your society may observe the highest principles of social living.

If you find none in the house, enter not until you have been permitted to do so: if you are asked to go back, go back without any feelings of displeasure. It will lead you to decency and Allah knows well all that you do. However, there is no restriction on you if you enter houses not used for living, which serve some (other) use for you (for example such houses in which is kept the common goods.) You may enter such a house but without any bad-intention. Remember that Allah's Law of Requital knows what you reveal and what you hide."

8. Rebellious women.
For this, first of all attempt should be made to make them realise their erroneous attitude. But if they are adamant, separate their beds temporarily and if they still do not mend their conduct, the court can give them corporal punishment [i.e. beating - (4:34)]. This has been described earlier under the heading 'Divorce'

What does Zakah mean?

 What does Zakah mean?
by G. A. Parwez  translated by Dr. Manzoor-ul-Haque 
Is Zakah the Tax of the Government? 
QUESTION 
Out of the five elements of Islam, Zakah is held to be the most importance. It is generally said if the owning continues to be owned for one year, paying 2.5 % on the amount of this owning, on the name of Allah, is Zakah. If this is the Zakah, then what is the difference between this and charity ? And if Zakah was paid to the government, then “what is the difference between it and the government tax ?” Kindly elaborate this issue so that ‘this’ canker stuck deep is removed. 
ANSWER 
The root of the word Zakah is Z-K-O, which means ‘to grow,’ ‘to flourish, ‘to bloom,’ ‘to blossom,’ ‘to develop’. So Zakah means ‘development,’ ‘nourishment,’ ‘growth,’ ‘flourishing’, ‘blooming and blossoming,’ ‘augmenting.’ The words – aqamoo a lss alata and waatawoo a lzzakata – have repetitively come in the Quran, and have come with stress. Hence the meaning of the word – waatawoo a lzzakata – became ‘to pay Zakah’. 
Think in the light of the aforementioned meanings of the word Zakah: What would ‘paying Zakah ’ mean? – It is nothing else but ‘ to provide for the nourishment, development – and growth of the others’. It means providing subsistence for the nourishment and development of the humans is the fundamental duty of the party of Momineen (the followers of Allah’s Laws). It may so be organized that the humans may attain the development of their potentialities. This development also encompasses the capacities, the potentialities of their physical life. In other words, it means the growth of the human body as well as the development and evolution of the human personality. On behalf of the party of Momineen, it is the System of the Government that discharges this duty. That is why it is given in the Quran. 22/41 
Allath eena in makkannahum fee al-ardi aqamoo a lss alata waatawoo a lzzakata 
There are the people who, when make establishment in the country, will establish the system of Salaat and arrange for the system of Zakah. 
You observed meticulously that the Quran has made the Islamic Government responsible for establishing the system of Zakah. 
It makes this clear that Zakah is not the name of charity. Individually we can pay charity on our own. For this purpose the establishment of our own governance is not a necessary condition. We used to pay charity during the Birth Government. Now the Indian Muslims can pay charity in the Hindu Government  - and they are paying it at present. The necessary condition of establishing our own governance for arranging the system of Zakah, makes the reality of Zakah clear. 
Now the question is this. How will the Islamic Government perform this honored duty (i.e. the duty of providing subsistence of development to the humans)? It is obviously necessary that firstly the means of production should remain under the control of the Government so that it may spend this production (subsistence) for the development of the needy. Secondly, whatsoever the members of the society may earn, be kept open in such a way that (after meeting their own needs) the State may take (as much as it may deem necessary) for arranging the system of Zakah (the nourishment of others). For this purpose, the Quran has neither fixed any rate, or any amount. It is the question of meeting the needs only. As such, it has said to the extent that after meeting the needs of the individuals, what ever becomes surplus can all be handed over to the State so that it may be able to arrange for others’ nourishment (Zakah) with it. (Consult 2: 219) 
Page 1 of 2What Does Zakah Mean?
2/13/2010http://www.tolueislam.com/Parwez/QD/QD_1_04_01.htm
But it is evident that such type of State System will be established gradually. In the mean time when such a System is still in the process of being, (in today’s terminology) contributions and gifts from the party of Momineen will be accepted. The Quran has used the term Sadaqah for it. 
This was the exposition of Zakah in the Islamic System of Governance. But when that System remained no longer in vogue, dualism crept in Deen and politics. The Quranic exposition of Zakah (i.e. arranging for the development of the humans) went out of sight – The Government started levying its own tax and the religious priesthood burgeoned its own tax under the nomenclature of “Zakah”. So far as were the destitute and the needy, it was made incumbent upon the well off to give charity to them. This process is still continuing. The people pay government tax and Zakah separately – and the charity is kept as a distinct separate entity from these two. It is so much so that whatever the Quran had ordained for the Sadaqah were thought of related to Zakah. For example, it is usually said that the Quran has given eight expenses of Zakah although these very expenses are of “Sadaqah,”and are not of Zakah (6: 60)
From the aforementioned particulars, it would have become evident that at present, there are either the Government Taxes or the charity – whether it is determinably named as Zakah or indeterminately as Sadaqah or charity. Zakah (i.e. providing subsistence of nourishment to the members of the society) is neither considered the duty of the Government nor of the public. But “Paying Zakah” will be the duty of the government in the Islamic System of governance. And for this purpose, the members of the party of Momineen will keep whatever-is-surplus-to-their-needs open for others so that as-much-is-deemed-necessary is spent over the nourishment of others. Then there will be no need of charity on individual basis. At present the honor of the one who accepts charity is crushed. But when arranging for the system of Zakah becomes the responsibility of the Islamic System of governance, everyone takes it as of ones own right and no one feels indebted to anyone. The Quran suggests charity as the emergent and the timely cure for meeting the needs during the interim period and takes Zakah as the basic duty and compulsory mode of the Islamic System. This is, in real sense, the reality of Zakah from the Quranic point of view.

Taraweeh by Tolueislam

TARAWEEH 
A person from Lakhnow (India) writes:
The Hanafees say there are twenty rak’ahs of Taraweeh to be offered daily as compulsory Sunnah in Ramadan; but Ahl-i-Hadith and Shias are not convinced with it. To the Ahl-i-Hadith Taraweeh and Tahajjud are one and the same thing; the number of rak’ahs in both is eight; they talk of the twenty rak’ahs of Taraweeh as schism – an innovation. There have remained and are continuous happenings of bickering over this issue among the Hanfees and the Ahl-i-Hadith. What is your research about Tarweeh? . . . The Hanafees confess this fact that there was no practice of offering Taraweeh before the saga of Hazrat Umar, even then they consider the renouncers of Taraweeh as sinful. What is its genuineness? 
TOLU-E-ISLAM 
There is no mention of Taraweeh in the Quran. These were initiated at the times of Allah’s Messenger or of Hazrat Umar’s. This is a question of history. The Shias and Sunnees have disagreement over it. Everyone is aware of these discussions and controversies. On the question whether the number of rak’ahs in Taraweeh is eight or twenty, there is disagreement within the Sunnees itself. And no one is unaware of these debates. Tolu-e-Islam does not revel in such debates. Its precept in the matters not mentioned in the Quran is self-explanatory. 
Islam is the name of the life of preservation of the self within the boundary walls of the Quran. For this purpose, it is necessary that the human (Muslim) must know as to what are the boundary walls of the Quran and along with it, he must also get himself up for self-control. The month of Ramadan is the specific instrument for inculcating and substantiating each of these two matters. In the modern terminology, call it a Training Camp or a Refresher Course. The fasting makes the human get himself up for leading striven-life through self-control. And its fixing is in this month, wherein the beginning of revelation of the Quran was initiated. It brings this stark fact to the fore-front that special arrangements during this Training Course should be made for gushing forth the entire Quran to the striven-people (Mijahideen) so that they may fully comprehend as to what the connexion of “the sword and the Quran” is with each other and how these two come to be the instrument for safeguarding each other. It appears that the Islamic system of the First Era, in order to bring the Quran to the mind of the people all at the lame time, devised this method – and method is now being performed only to acquire the reward of a virtuous act (Sawaab). It is because the way the Quran is recited now, during the Taraweeh, is neither understood by the Quran-conner who cause others to hear it as to what he had recited, nor do their disciples in the congregation comprehend it as to what they have listened. And it is obvious that the way the words of the Quran are repeated and heard without being understood cannot make the exposition of the Quran understandable. And neither it can be known which design of life it carves for us. When the system of caliphate based on the precept of Nabuvva is established, its job will be to oversee where the revamping is essential in our traditional mores and cores. It will then be the time, whence-fore the correct concept of “Sin and Sawaab ” comes to the fore -view. ( 1956 )