Indexed OCR Text
Pages 341-360
357 Surah An-Nur : 24 : 3 fully well that she would not give up her obnoxious habit of adultery even after the bond of marriage. Only a male adulterer would be attracted to her whose sole aim is to fulfill his lust rather than marriage. But if she makes marriage a condition for any mundane consideration, he accepts that too as a compromise. Alternatively, a polytheist male would agree to marry an adulterer (Muslim) woman. Since, marrying a polytheist is as prohibited for a Muslim woman as adultery, two things have been combined in this situation, that the man is both a polytheist and an adulterer. This is the explanation of the second sentence of the verse Gur, .(24:3) لاَيَنْكِحُهَآ إِلاَّ زَانٍ أَوْ مُشْرِكٌ This has become apparent from the above explanation that the term adulterer is used for those men and women who do not repent and beg Allah's Mercy, and stick to this evil habit. In case an adulterer man marries a chaste woman for the sake of house-keeping or for having children, then there is no ban to this marriage from this verse. Similarly, if an adulterer woman marries a virtuous man with the intent of leading a pure life, then also there is no stopping for such a marriage in the light of this verse. Such a marriage will be valid in accordance with the Islamic law. Majority of the Muslim jurists like Imam Abu Hanifah, Imam Malik and Imam Shafii etc. are of the same view, and it is also established that the companions of the Prophet have solemnized such marriages. Tafsir Ibn Kathir has also reported the same fatwa by Sayyidna Ibn 'Abbas Now, as to the last sentence of the verse ◌َ24:3) وَحُرِّمَ ذلِكَ عَلَى الْمُؤْمِنِين) some commentators have explained the word & as alluding towards adultery. In that case the meaning of the sentence would be that, as the adultery is such an evil act, it has been forbidden for believers. There is no confusion in the meaning by adopting this explanation, but taking Ss for the meaning of adultery is rather far fetched in the context of this verse. Therefore, other commentators have adopted the explanation for Ss to allude towards the marriage of adulterer (man and woman) and polytheist (man and woman). The marriage between a Muslim man and a polytheist woman, and between a polytheist man and a Muslim woman is even otherwise established as forbidden by other categorical Qur'anic injunctions, and there is consensus of Ummah on the issue. However, the marriage between an adulterer man and a chaste woman, and a chaste man and 358 Surah An-Nur : 24 : 4 - 5 an adulterer woman is forbidden as implied by this sentence but is exclusive to the situation that a chaste man after marrying an adulterer woman does not stop her from indulging in adultery even after the marriage, as that will be nothing short of pimping, which is forbidden (!) by Islamic law. Similarly, if a pious and chaste lady marries a habitual adulterer man and let him indulge in adultery even after the marriage, then this is also forbidden (!). What is meant here is that it is a big sin, but it does not follow that their marriage will be nullified. The word 'prohibited' ( ~~ ) has two connotations in Islamic law. One, that this act is a sin and one who acts upon it will undergo punishment for that in the Hereafter, and the other is that it will have no legal validity in this world either. For instance if a Muslim man marries a polytheist or a woman of prohibited degree, then it is not only a sin but such a marriage is not valid under Islamic law. There is no difference between such a marriage and adultery. The second meaning of prohibition is that the act is forbidden (!) and is liable for punishment, but the legal consequences of the act are recognized. For example if a man elopes or abducts a woman and then marries her before two witnesses with her consent, then despite the act being unlawful, the marriage will be valid and the children legitimate. Similarly the marriage between an adulterer man and an adulterer woman is though prohibited if they marry for some worldly expediency but their real aim is adultery, yet, such a marriage is legally recognized. As such all the provisions of marriage, such as alimony, dower, lineage proof, heritage etc. will all be applicable. This way the word >> in this verse fits in very well for the polytheist woman as per former explanation, and for the adulterers (man and woman) according to the latter explanation. In the light of this explanation it is not needed to declare the verse as cancelled as has been done by some commentators. Verses 4 - 5 وَالَّذِيْنَ يَرْمُوْنَ الْمُحْصَنْتِ ثُمَّ لَمْ يَأْتُوْا بِأَرْبَعَةِ شُهَدَآءَ فَاجُلِدُوُهُمُ ثَمْنِيْنَ جَلْدَةً وَّلاَ تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا" وَأُولِئِكَ هُمُ الْفُسِقُوْنَ 359 Surah An-Nur : 24 : 4 - 5 إِلَّ الَّذِيْنَ تَابُوا مِنْ بَعُدِ ذلِكَ وَأَصُلَحُوا فَإِنَّ اللَّه غَفُورٌ 4, B 1 And those who accuse the chaste women (of fornication), but they do not produce four witnesses, flog them with eighty stripes and do not accept their any evidence any more, and they are the sinners, [4] except those who repent afterwards and mend their ways; then, Allah is All-Forgiving, Very-Merciful. [5] Commentary The third injunction relating to fornication is on false accusation and the punishment prescribed for it As explained earlier, since adultery is the most damaging and heinous of all crimes for society, as such its punishment is also most severe under Islamic law, compared to all other crimes. Hence it was the requirement of justice and fairness that the special care be attached to prove this act. Without having prescribed evidence under Islamic law, no one should dare accuse any man or woman of adultery. Therefore, the Islamic law has made it mandatory to produce four honest equitable just men as witnesses to the crime, without which the accusation of adultery is declared a big crime by itself, for which the prescribed punishment (>) is eighty stripes. In view of this mandatory provision one would dare making the accusation of adultery only when he is absolutely sure of watching the crime happening himself. Not only that, at the same time he should be sure that alongwith him another three honest men have also seen the crime happening, for which they will give the evidence. Because, if there are no other witnesses, or the total number is less than four, or there is doubt if the witnesses will give the evidence, then only one man would never like to venture evidence alone and be punished with eighty stripes. A doubt and its answer As for the issue that when there are such strong conditions for the evidence of adultery, the criminals will have a free hand. No one will ever dare to give evidence and fulfill the conditions of Islamic law, and hence, no criminal will ever get punished. But this thinking is totally wrong, because these conditions are exclusive to the punishment prescribed as 360 Surah An-Nur : 24 : 4 - 5 hadd for adultery, i.e. - hundred stripes or stoning. If two non-mehram man and woman are seen together in a compromising posture or indulging in shameless acts, then there is no restriction against giving evidence for it. All such matters which have nexus to adultery are also liable for punishment under Islamic penal code, for which punishment of stripes is awarded at the discretion of the judge or the ruler in accordance with the extent of the crime, but not the maximum punishment of hadd. Therefore, someone who has seen the act of adultery, but has no other witnesses need not give evidence of adultery, but can testify for having seen the accused persons in compromising position, and the judge or ruler can award the punishment after establishing the crime. (مُحْصَنَات) Who are muhsanat The word Muhsanat is derived from the word oua2. In the Islamic jurisprudence there are two types of ola ! . One, that has been acknowledged for the punishment of adultery. It means that the person against whom adultery is established is sane, adult, a free Muslim, and who is validly married to a Muslim woman and has also copulated with her. In that case the punishment of stoning will be awarded to him. The second type is that which has been acknowledged for the punishment of Jo, that is punishment for accusation of adultery. It means that the person against whom the charge of adultery is levelled is sane, adult, a free Muslim and chaste, that is he has not been proved an adulterer before. The word clay is used in this sense in this verse (Jassas). Ruling In the Qur'anic verse, either because of general practice or because of the incident for which the verse was revealed, the accusation of adultery and related punishment is described in a way that the accusers are men and the accused is a chaste lady. But the injunction applies to all situations because of the common ground applicable to all persons. If a woman levels a charge of adultery against another woman or a man, or a nan accuses another man, but the required legal evidence is lacking, then in either case the accuser will be liable to the punishment of eighty stripes. (Jaşşaş & Hidayah) Ruling The punishment of eighty stripes as hadd is exclusive to false 361 Surah An-Nur : 24 : 4 - 5 accusation of adultery and does not apply to accusation of any other crime. However, other punishments of ta'zir can be awarded on false accusations of other crimes. Although it is not specifically mentioned in the Qur'an that this punishment is exclusive to false accusation of adultery but the condition of four witnesses is the proof of its exclusiveness, because the condition of four witnesses is only in the case of adultery. (Jaşaş and Hidayah) Ruling The punishment prescribed for qazf (false accusation of adultery) relates to the right of the person against whom the charge of adultery is levelled. As such the punishment against this crime will be executed only when the person demands the execution of the punishment, otherwise it will be annulled. This is unlike the punishment of adultery, which is purely a right of Allah. Therefore, it has to be executed, even though no person has ever demanded for it. وَلَا تَقْبَلُوا لَهُمُ شَهَادَةٌ أَبَدًا And do not accept his any evidence any more - 24:4. It means that the person guilty of qazf is subject to two punishments. One is inflict at once, i.e. the eighty stripes, but there is another punishment which stays with the culprit for ever. This punishment is that his evidence will not be accepted in any matter, unless he begs Allah's pardon with sincere repentance, and is also forgiven by the one whom he had accused. Until this is done, his evidence will not be acceptable in any case. This much is by consensus of Ummah. But in case of Hanafiah, even after begging the pardon, his evidence is not acceptable. Only his sin is pardoned. إِلَّا الَّذِيْنَ تَابُوا مِنْ بَعْدِ ذُلِكَ وَأَصْلَحُواْتَ فَإِنَّ اللّهِ غَفُورٌ رَّحِيمٌ Except those who repent afterwards and mend their ways; then, Allah is All-Forgiving, Very-Merciful. (24:5) Those who have been punished for false accusation of adultery, if they beg pardon and improve their habits, so that there is no risk of repetition of falsehood from them and also obtain forgiveness from one they had accused, then Allah Ta'ala grants forgiveness and is Merciful. This exemption, that is إِلاَّ الَّذِينَ تَابُوا refers to only the last sentence of the 362 Surah An-Nur : 24 : 6 - 10 previous verse according to Imam Abu Hanifah and some other Imams, which is ◌َ24:4) وَأُولَئِكَ هُمُ الْفُسِقُون). So, with this exemption it means that the one who is punished for false accusation is a sinner, but if he repents with sincerity and improves himself after obtaining forgiveness from the one he had falsely accused, then he will no longer remain a sinner, and his punishment will be pardoned in the Hereafter. In other words the two punishments meant for this world, which are referred in the beginning of the verse, that is eighty stripes and inadmissibility of his evidence, will remain despite the repentance. It is because the big punishment of stripes has already been executed and the second punishment is part of hadd. All scholars are unanimous on the point that repentance does not remit punishment of hadd, only the torment of the Hereafter is pardoned. Since inadmissibility of the evidence is part of hadd, it will not be remitted by repentance. Imam Shafi'i and some other Imams have taken this exemption toward all the sentences of the previous verse, which means that as one does not remain sinner after repentance, hence he would also not be debarred from giving evidence. Jassas and Mazhari have provided arguments on both sides - Those interested may consult them. Verses 6 - 10 وَالَّذِيْنَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُنُ لَّهُمْ شُهَدَآءُ إِلاَّ أَنْفُسُهُمُ فَشَهَادَةُ أَحَدِ هِمْ أَرْبَعُ شَهْدتٍ بِاللّهِ" إِنَّهُ لَمِنَ الصُّدِقِيْنَ ﴿٦﴾ وَالْخَامِسَةُ أَنَّ لَعْنَتَ اللّهِ عَلَيْهِ إِنْ كَانَ مِنَ الْكُذِبِيْنَ ﴿٢﴾ وَيَدْرَؤُا عَنْهَا الْعَذَابَ أَنْ تَشْهَدَ آَرْبَعَ شَهَاتٍ ) بِاللهِ( إِنَّهُ، لَمِنَ الْكُذِيْنَ ﴿٨﴾ وَالْخَامِسَةَ أَنَّ غَضَبَ اللهِ عَلَيْهَا إِنْ كَانَ مِنْ الصُّدِقِينَ ﴿٩) وَلَوْ لاَ فَضُلُ اللّهِ عَلَيْكُمْ وَرَحْمَتُهُ، وَأَنَّ اللّهَ تَوَّابٌّ حَكِيْمٌ ﴿.١﴾ And those who accuse their wives (of adultery) and they have no witnesses except their own selves, then the evidence of one of them would be to swear four oaths by Allah that he is from among the truthful, [6] and the fifth (oath) that Allah's curse be on him if he is from among the liars. [7] And it will remove the punishment from the woman if she swears four oaths by Allah that 363 Surah An-Nur : 24 : 6 - 10 he ( the accuser husband) is certainly from among the liars, [8] and the fifth (oath) that Allah's wrath be on her if he is among the truthful. [9] And had it not been for the grace of Allah upon you and His mercy and (had it not been) that Allah is Most-Relenting, All-Wise (you would have been ruined). [10] Commentary The fourth injunction is of Li'an (¿W : curse) among the adjuncts of fornication The meaning of JU and west is to curse and praying for Allah's wrath on each other. Certain specific types of oaths between husband and wife with special connotation are called Li'an (s ) in Islamic law. When a husband accuses his wife of adultery or refuses to own his child as being legitimate, and his wife refutes his allegation to be false, and claims for the punishment of false accusation (Jf) of eighty stripes to be awarded to him, then the husband will be asked to produce four witnesses. If the husband produces four witnesses, then the wife will be awarded the punishment of adultery, and if he could not produce four witnesses, then they will be subjected to li'an (54), that is first the husband will be asked to testify four times with the wordings given in the Qur'an to the effect that he is honest, and the fifth time will say that if he was lying, then Allah's curse be on him. If the husband hesitates from saying these words, then he should be arrested, and asked either to swear by saying these words five times or accept himself to be a liar. Until he accedes to one of the two alternatives, he should not be released. If he accepts himself to be a liar, then he should be awarded the punishment of false allegation of adultery ( Jiall), but, in case he swears by repeating the required words five times, then the wife be asked to swear five times by uttering the words given in the Qur'an for this purpose. If she refuses to swear, then she should be put under arrest until such time that either she swears five times or accepts her guilt of adultery, in which case she will be awarded the punishment for adultery. In case she agrees to swear and utters the required words five times, then the process of li'an (su) has been completed. This way they both have escaped the punishment in this world, but in the Hereafter, the one who has lied will suffer the punishment, as Allah knows best who is the liar. However, in this world 364 Surah An-Nur : 24 : 6 - 10 also, after the process of li'an (¿) this couple will be forbidden to each other for ever. The husband should free the woman by divorcing her. If the husband does not divorce her, then the judge or the ruler can have them separated by his decree, which will have the same force as divorce. Moreover, they also cannot get married again for ever. Details of the process of li'an (ou) are given in the books of fiqh, where they can be seen. The law of li'an (36) has been placed in the Islamic jurisprudence to take care of the psychology and emotions of the husband, because in the preceding verses it has been ruled that for putting the blame of adultery on anyone it is essential to produce four eyewitnesses, and if one fails to do so, then he himself will be liable to punishment of false allegation of adultery. For a common man it is possible to keep quiet and not to accuse someone of adultery if he cannot produce four eye-witnesses, in order to save himself from the punishment of false accusation of adultery, but for the husband it is different and a very grave matter, when he has seen the adultery of his wife with his own eyes. For if he accuses his wife without the support of four eye-witnesses he will be liable to punishment of eighty stripes, and if he keeps quiet, it will be a life long agony for him to live with the knowledge that his wife has been unfaithful to him. Therefore, the husband's case has been separated from the general law and a separate provision has been prescribed, which is exclusive to the case between husband and wife. For others the directive is the same as enjoined in the preceding verses. The books of Hadith have narrated two incidents under this subject The commentators have different views as to which of the two incidents was the cause of revelation of these verses. Qurtubi has taken both the incidents as the cause of revelation of verses so as the revelation was repeated twice. Hafiz Ibn Hajr, the annotator of Bukhari, and Nawawi, the annotator of Muslim, have treated both incidents as the cause of revelation of the verses. Their reasoning is more appealing, which will soon appear. One incident is that of Hilal bin Umayyah and his wife, which is narrated in Bukhari on the authority of Ibn 'Abbas 4ee . The initial part of this incident, also on the authority of Ibn 'Abbas 40 , has appeared in the Musnad of Ahmad like this: Sayyidna Ibn 'Abbas 46 has said that when the verses of Qur'an on 365 Surah An-Nur : 24 : 6 - 10 punishment of false accusation of adultery were revealed namely, وَالَّذِيْنَ يَرْمُوْنَ الْمُحْصَنْتِ ثُمَّلَمْ يَأْتُوا بِأَرْبَعَةٍ شُهَدَآءَ فَاجْلِدُوُهُمْ ثَمِنِيْنَ جَلْدَةً And those who accuse the chaste women (of fornication), but they do not produce four witnesses, flog them with eighty stripes - 24:4. in which it is made obligatory on the person accusing a woman of adultery to produce four eyewitnesses, one of them he being himself, and if he fails to do so, then he should be charged with the false accusation and awarded eighty stripes instead, and should also be debarred for life from giving any evidence. After hearing these verses a leader of Madinah, Sayyidna Sa'd Ibn 'Ubadah enquired from the Holy Prophet whether these verses were revealed like that only. The Holy Prophet (was very surprised to hear this from Sa'd Ibn 'Ubadah), asked the Ansar whether they were listening to what their leader had said. The group of Ansar pleaded to the Holy Prophet not to reproach him, as he had made this enquiry only because of extreme sense of honour. Then Sa'd Ibn 'Ubadah spoke himself and said "My parents be sacrificed on your honour! I know fully well that these verses are nothing but truth, and have been revealed from Allah Ta'ala; but what I am surprised of is that if I see a shameless wife in a situation that a strange man is lying over her, then would it not be right for me to scold him and remove him from there. Instead, will it be incumbent on me to get four men and show them this situation to make them eye-witnesses, and by the time I could find four men, he runs away after performing his work?". (Sayyidna Sa'd's wordings are recorded with slight differences by various narrators, but the gist of all is the same. - Qurțubi) Only a short time had lapsed after revelation of the verses of punishment against false accusation of adultery and the remarks made by Sa'd Ibn 'Ubadah, that the incident of Hilal Ibn Umayyah took place. It so happened that Sayyidna Hilal 4 returned from his lands late in the night, when he saw a man with his wife with his own eyes, and listened to their conversation. But he did not do any thing and waited until the dawn, when he went to the Holy Prophet and narrated the story, the Holy Prophet i was very unhappy to hear about this incident and felt very bad. In the meantime the people of Ansar were gathered and started discussing among themselves that the same thing had 366 Surah An-Nur : 24 : 6 - 10 happened as was hinted by their chief, and that Hilal Ibn Umayyah 4 would be punished with eighty stripes in accordance with the Islamic law, and be debarred for life for giving any evidence. Nevertheless, Hilal Ibn Umayyah 4 said 'By Allah I am very hopeful that Allah Ta'ala will take me out of this predicament'. Sahih of Bukhari has also quoted that in fact the Holy Prophet , after hearing the incident of Sayyidna Hilal 46 had asked him, according to Islamic law, to produce four eye-witnesses or be prepared for the punishment of eighty stripes on the back. Sayyidna Hilal Ibn Umayyah swore an oath by God before the Holy Prophet , and pleaded that he was honest, and that Allah will surely send down a command which will save his back from flogging. While this conversation was still on Jibra'll descended with the verses containing the law of li'an, that is: وَالَّذِيْنَ يَرْمُوْنَ أَزْوَاجَهُمْ And those who accuse their wives (of adultery). - 24:6. Abu Ya'la has quoted the same version on the authority of Sayyidna Anas 40% , which also says that when the verses of li'an were revealed, the Holy Prophet gave the good tiding to Hilal Ibn Umayyah tee that Allah Ta'ala has sent down the solution to his predicament. Hilal replied that he was hoping the same from Allah Ta'ala. Then the Holy Prophet called Sayyidna Hilal Ibn Umayyah's 4 wife also, and when they were both together, he inquired from the wife about the incident. She said that her husband was making a false accusation against her. The Holy Prophet g said that Allah knows one of you is a liar, so would you not dread (Allah's torment) and come out with the truth and repent. Then Sayyidna Hilal Ibn Umayyah 4 said 'My parents be sacrificed on you! I have said nothing but truth and whatever I have said is true'. After that the Holy Prophet > directed that the process of li'an be conducted on both husband and wife according to the revealed verses of the Qur'an. First Sayyidna Hilal ' was asked to testify four times with the wordings of Qur'an, which are, 'Believing Allah to be present everywhere and seeing everything, I testify that I am honest in my allegation', Sayyidna Hilal testified four times with the Qur'anic wordings. When it came to testify the fifth time, of which the Qur'anic wordings are, 'Allah's curse be on me, if I were lying'. At that 367 Surah An-Nur : 24 : 6 - 10 time the Holy Prophet said to Sayyidna Hilal Ibn Umayyah 400, as a warning, that he must be careful and fear Allah, as worldly punishment is lighter than the torment of the Hereafter. The torment of Allah is much more severe than the punishment of people, and that the fifth testimony is the final one, on which the ruling would depend. But Hilal Ibn Umayyah insisted that he could say under oath that Allah Ta'ala would not punish him for his testimony in the Hereafter (as he was sure that this was a true testimony). Then he uttered the wordings of the fifth testimony. After that the Holy Prophet obtained four oaths, in the similar manner, from his wife. She too swore with Qur'anic wordings that her husband was lying. When it came to testify the fifth time, the Holy Prophet asked her to wait, and warned her that it was the fifth and final testimony, and as such she should be fearful of Allah, as His torment is much more severe than the punishment by the people, that is the Islamic punishment of adultery. On hearing this, she hesitated to swear and waited in that condition for a while. Then said ultimately 'By Allah I will not disgrace my people', and testified the fifth time, saying that if her husband was true then Allah's wrath be on her. This way when the process of li'an was completed, the Holy Prophet separated the husband and wife, that is broke down their marriage, and ruled that the child to be born of this conception will take the mother's name and will not be attributed to the father, but the child should not be disparaged. (Tafsir Mazhari quoted from Musnad Ahmad, authority Ibn 'Abbas). The second incident The second incident is also quoted in the Sahihs of Bukhari and Muslim, and the details of the incident are narrated by Baghawi on the authority of Ibn 'Abbas . He has said that the Holy Prophet &g , while standing on minbar, related the verses` in which it is enjoined to punish وَالَّذِينَ يَرُمُونَ that is, (حدّ القذف) the man making false accusation of adultery char JI (24:4). At that time Sayyidna 'Aşim Ibn 'Adiyy al-Ansa was also present in the crowd. He got up and pleaded 'O Messenger of Allah my life be sacrificed on your honour ! If any one of us discovers his wife lying in bed with another man and narrates this situation, then he will be punished with eighty stripes, and would be debarred from giving evidence for life. Moreover, the Muslims would call him liar. In such a situation how can we get the eyewitnesses immediately? And if we do, and 368 Surah An-Nur : 24 : 6 - 10 go in search of eyewitnesses, he would run away after doing his work, by the time we could bring the witnesses.It was the same inquiry made by 'Aşim Ibn 'Adiyy 4%, which was made by Sayyidna Sa'd Ibn 'Ubadah in the first incident. This inquiry was made on a Friday. After that it so happened that 'Aşim Ibn Adiyy's 40 cousin, Uwaimir, who had married Khaula un Ce, Lane, another cousin of Adiyy's, saw his wife involved with yet another cousin, Sharik Ibn Sahma'. 'Uwaimir 4% related this incident to his cousin 'Aşim Ibn 'Adiyy , who recited ◌َإِنَّا لِلّهِ وَإِنَّ إِلَيُهِ رَاجِعُون and went to see the Holy Prophet the next day - again a Friday. 'Adiyy 4ee said to the Holy Prophet that he had made an inquiry on the previous Friday in which he himself has got involved unfortunately, as the same incident has taken place in his family. Baghawi has narrated the incident in great detail as to how were the husband and wife were called and went through the process of li'an (Mazhari) This incident is narrated in the Sahihs on the authority of Sayyidna Sahal Ibn Sa'd Sa'idi 40 that 'Uwaimir al-'Ajlani 40 inquired from the Holy Prophet that if someone finds his wife in bed with another man then should he kill that man, as a result of which he will be killed by people or what else should he do? the Holy Prophet replied that Allah Ta'ala has revealed an injunction for the case of your wife and yourself. Go and get your wife. Sayyidna Sahal Ibn Sa'd 4, the narrator of the Hadith, narrates that the Holy Prophet subjected them to the process of li'an in the mosque (This process has been explained above). When the process of li'an was completed after both husband and wife had sworn five times, 'Uwaimir said 'If I still keep her as my wife this will mean as if I had made a false accusation against her. Therefore, I am announcing three divorces to her'. (Mazhari on authority of Şahins) In both these incidents it is reported that the verses of li'an were revealed for that particular incident. Hafiz Ibn Hajar and Shaikh ul Islam Nawawi Jw Ul do, have noted the alikeness in the two by explaining that it looks the first incident was that of Hilal Ibn Umayyah , and the verses of li'an were revealed in that connection, and immediately after that 'Uwaimir was also confronted with a similar incident, which he presented before the Holy Prophet , perhaps not 369 Surah An-Nur : 24 : 6 - 10 knowing Hilal Ibn Umayyah's 4 incident, which had occurred earlier. Then the Holy Prophet told him the judgement in his case. This appears plausible because, in the case of Hilal Ibn Umayyah see the wordings are فنزل جبرئيل (Then Jibra'il descended with these verses) , while in the case of 'Uwaimir 4 the wordings are قد أنزل الله فيك (Allah has revealed about you), the meaning of which could be that Allah Ta'ala has enjoined His command in a case similar to yours. Jel dul, (Mazhari) Ruling When li'an has taken place between husband and wife before the judge then that woman becomes forbidden for good for that man, just like foster relatives are forbidden for marriage among themselves forever. The Holy Prophet has said in a Hadith المتلاعنان لايجتمعان ابدًا (The spouses who have gone through li'an can never join each other). Unlawfulness establishes immediately after the li'an. As for the woman's second marriage with another man, she is allowed after the expiry of her 'iddah period of three months, when she is divorced by her first husband or if he had just said that he had left her. This is the ruling given by Imam Abu Hanifah Ww All ). But if the husband does not carry out any of the two alternatives, then the ruler or the judge would order the separation, which would have the same effect as the divorce, and after that she would complete three periods of menses, and then she would be free to marry another man. (Mazharī etc.) Ruling When the li an is completed, after that the child that would born from that conception would not have the name of her husband, but would be called after the name of the mother. The Holy Prophet gave this ruling in both the cases of Hilal Ibn Umayyah and 'Uwaimir 'Aljanis Jo) . اجمعين Ruling Although the torment of Hereafter would increase on the one who is liar, after the li'an, but the punishment of the world be annulled. Similarly, it is not permissible to call the woman an adulterer nor is it permissible to call her child illegitimate. This was also ruled by the Holy Prophet in the case of Hilal Ibn Umayyah . وقضى بان لا تُرمى ولا ولدُها. ظ 370 Surah An-Nur : 24 : 11 - 26 Verses 11 - 26 إِنَّ الَّذِيْنَ جَاءُ وُ بِالْإِفُكِ عُصْبَةٌ مِّنْكُمْ ، لَا تَحْسَبُوُهُ شَرًّا لَّكُمْ + بَلْ هُوَخَيْرٌ لَّكُمْ ، لِكُلِّ امْرِئٍ مِّنْهُمُ مَّ اكُتَسَبَ مِنَ الْإِثْمِ وَالَّذِىُ تَوَلَّى كِبْرَهُ مِنْهُمُ لَهُ عَذَابٌ عَظِيمٌ ﴿١١) لَوْلًا إِذْسَمِعْتُمُوُهُ ظَنَّ الْمُؤْمِنُونَ وَالْمُؤْمِنْتُ بِأَنْفُسِهِمْ خَيْرًا " وَقَالُوا هَذَا ◌ِفْكٌّ مُّبِيْنٌ ﴿٢ ﴾ لَوْلَا جَاءُ وُ عَلَيْهِ بِأَرْبَعَةٍ شُهَدَآءَ فَإِذْ لَمْ يَأْتُوْا بِالشُّهَدَآءٍ فَأُولِئِكَ عِنْدَ اللهِ هُمُ الْكُذِبُوْنَ ﴿١٣﴾ وَلَوْلَا فَضُلُ اللهِ عَلَيْكُمْ وَرَحْمَتُهُ فِى الدُّنْيَا وَالْآخِرَةِ لَمَسَّكُمْ فِىْ مَآ أَفَضْتُمْ فِيْهِ عَذَابٌ عَظِيمٌ ﴿(١٤) إِذْ تَلَقَّوُنَهُ بِالْسِنَتِكُمُ وَتَقُوُلُونَ بِأَفْوَاهِكُمُ مَّالَيْسَ لَكُمْ بِهِ عِلُمْ وَّ تَحْسَبُوْنَهْ هَيِّئًا نُ وَّهُوَ عِنْدَ اللّهِ عَظِيمٌ ﴿١٥) وَلَوْلَا إِذْ سَمِعْتُمُوْهُ قُلْتُمْ مَّايَكُوْنُ لَنَآ أَنْ تَتَكَلَّمَ بِهذَا نَّ سُبُحِنَكَ هذَا بُهْتَانٌ عَظِيمٌ ﴿١٦) يَعِظُكُمُ اللّهُ أَنْ تَعُوُدُوْا لِمِثْلَهَ ابَدًا إِنْ كُنْتُمْ مُّؤْمِنِيْنَ ﴿١٩﴾ وَيُبَيِّنُ اللهُ لَكُمُ الْأَيْتِ ، وَاللَّهُ عَلِيُمْ حَكِيْمٌ ﴿١٨) إِنَّ الَّذِيْنَ يُحِبُّونَ أَنْ تَشِيْعَ الْفَاحِشَةُ فِى الَّذِيْنَ أَمَنُوا لَهُمْ عَذَابٌ أَلِيمٌ ( فِى الدُّنْيَا وَالْآخِرَةِ، وَاللهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُونَ ﴿١٩﴾ وَلَوْ لَا فَضْلُ اللهِ عَلَيْكُمْ وَرَحُمَتُهُ، وَأَنَّ اللّهَ رَءُوفٌّ رَّحِيمٌ ﴿ٌ﴾ ◌َأَيُّهَا الَّذِيْنَ امَنُوا لَا تَتَبِعُوا خُطُوتِ الشَّيْطْنِ* وَمَنْ يَّتْبِعُ خُطُونِ الشَّيْطِنِ فَإِنَّهُ يَأْمُرُ بِالْفَحُشَآءِ وَالْمُنْكَرِ، وَلَوْلًا فَضْلُ اللهِ عَلَيْكُمُ وَ رَحُمَتُهُ مَازَكَى مِنْكُمْ مِنْ أَحَدٍ ابَدًا وَلكِنَّ اللّهَ يُزَّىُ مَنْ يَّشَاءُ وَاللّهُ سَمِيْعٌ عَلِيمٌ ﴿٢١) وَلَا يَأْتَلِ أُولُوا الْفَضْلِ مِنْكُم وَالسَّعَةِ أَنْ يُؤْتُوَّا أُولِى الْقُرْبِى وَالْمَسْكِيْنَ وَالْمُهِجِيْنَ فِىُ سَبِيْلٍ اللّهِ مٍ وَلْيَعْفُوا وَلْيَصُفَحُوا﴾ آلَا تُحِبُّونَ أَنْ يَّغْفِرَاللّهُ لَكُمْءُ وَاللّهُ 371 Surah An-Nur : 24 : 11 - 26 غَفُورٌ رَّحِيمٌ ﴿٢٢﴾ إِنَّ الَّذِيْنَ يَرْمُوْنَ الْمُحْصَنْتِ الْغُفِلِتِ الْمُؤْمِنْتِ لُعِنُوْا فِى الدُّنْيَا وَالْآخِرَةِ م وَلَهُمْ عَذَابٌ عَظِيمٌ ﴿٢﴾ يَوْمَ تَشْهَدُ عَلَيْهِمُ الْسِنَتُهُمُ وَاَيْدِيْهِمْ وَآَرْجُلُهُمُ بِمَا كَانُوا يَعُمَلُونَ ﴿٢٤) يَوْمَئِذٍ يُّوَفِيْهِمُ اللهُ دِيْنَهُمُ الْحَقَّ وَيَعْلَمُوْنَ أَنَّ اللّهَ هُوَ الْحَقُّ الْمُبِيْنُ ﴿٢٥﴾ الْخَبِيُقْتُ لِلْخَبِيْثِيْنَ وَالْخَبِيْقُوْنَ لِلْخَبِيْتِ، وَالطَّئْتُ لِلطَِّبِينَ وَالطِّبُوْنَ لِلطَّيْتِ أُولِئِكَ مُبَرَّءُونَ مِمَّا يَقُوْلُونَ* لَهُمُ مَّغْفِرَةٌ وَرِزُقْ كَرِيمٌ ﴿٢٦﴾ Those who have come up with the false imputation are a gang among you. Do not think it is bad for you; rather, it is good for you. Everyone of them is liable for what he earned of the sin. And the one who undertook the major part of it, for him there is a mighty punishment. [11] Why - when you (O believers) heard of it - did the believing men and the believing women not think well on their own selves and (why did they not) say, 'This is a manifest lie'. [12] Why did they (the accusers) not bring four witnesses to prove this? So, as they did not bring the witnesses, they are the liars in the sight of Allah. [13] And had it not been for the grace of Allah upon you, and His mercy in this world and in the Hereafter, a great punishment would have reached you for what you got indulged in - [14] when you were welcoming it with your tongues and were saying with your mouths something of which you had no knowledge, and were taking it as a trivial matter, while in the sight of Allah it was grave. [15] And why, when you heard of it, did you not say, 'It is not for us to speak about this. Pure are You (O Allah). This is a terrible calumny.' [16] Allah admonishes you never to repeat something like this, if you are believers. [17] And Allah makes the signs clear to you. And Allah is All-Knowing, All-Wise. [18] Surely, those who like that shamelessness spreads among the believers, for them there is painful 372 Surah An-Nur : 24 : 11 - 26 punishment in this world and the Hereafter. And Allah knows and you do not know. [19] And had it not been for the grace of Allah upon you, and His mercy and that Allah is Very-Kind, Very-Merciful (you would have been destroyed). [20] O those who believe, do not follow the footsteps of Satan. And whoever follows the footsteps of Satan, (should know that) he orders (one to commit) shameless acts and evil deeds. And had it not been for the grace of Allah upon you, and His mercy, not a single person from you would have ever attained purity. But Allah purifies whomsoever He wills. And Allah is All-Hearing, All-Knowing. [21] And the men of grace and wealth among you should not swear against giving (their charitable gifts) to the kinsmen and the poor and to those who have migrated in the way of Allah. And they should forgive and forego. Do you not like that Allah forgives you? And Allah is Most-Forgiving, Very-Merciful. [22] Surely, those who level a false charge against the chaste, naïve and believing women are cursed in this world and the Hereafter, and for them there is a mighty punishment [23] on the Day their tongues, their hands and their legs will testify against them of what they used to do. [24] On that day Allah will give them their due recompense in full and they will know that Allah is the Truth Who makes all things manifest. [25] Vile women are for vile men, and vile men are for vile women. And good women are for good men and good men are for good women. Those are free from what they (the accusers) say. For them there is forgiveness and a graceful provision. [26] Interconnection of verses As has been mentioned earlier, the major part of Surah An-Nur is in connection with those injunctions which are related with protection and security of chastity and continence. Diametrically to that, any attempt to debase the chastity and honour would be in violation of the injunction, for which the punishment in the world and the torment in the Hereafter are enjoined. In this connection, first the maximum punishment of adultery 373 Surah An-Nur : 24 : 11 - 26 (Uj ), then the punishment for false accusation (Jf >) and after that the process of li'an have already been described. False accusation of adultery against a chaste woman, without the support of four eyewitnesses, is held to be a great sin, and for such a person the punishment of eighty stripes is prescribed. This injunction is in regard to common chaste Muslim women. But the case of Sayyidah 'A'ishah (2) Lus was quite different and grave, when the hypocrites fabricated a false slander against her in 6th Hijra, and some Muslims also indulged in mentioning it. Indeed it was a much serious and grave situation than for an ordinary chaste Muslim woman, hence Allah Ta'ala revealed ten verses at that point exonerating her from the accusation and to project her purity and chastity. These verses announce the exoneration of Sayyidah 'A'ishah Que Je, on one hand and a warning of severe punishment to all those who were involved in the slander in any way. This incident of imputation is called the episode of ifk (false imputation) in the Qur'an and Hadith. The word Ifk means worst type of lie, imputation or slander. In order to understand the explanation of these verses it is necessary to know the background of the incident of Ifk. Therefore, it will be in order to give a brief account of this episode to begin with. The incident of Ifk and the slander This incident has been narrated with extra ordinary details in the Şahins and other books of Hadith. However its brief version is as follows: When the Holy Prophet went for the battle (بني المصطلق) of Bani Muștaliq, also known as battle (y) of Muraist', in the 6th Hijra, Sayyidah 'A'ishah Que J +, amongst the mothers of believers, was also accompanying him. The common practice was that first she would sit in her litter and then it was placed on the back of the camel. It was because by that time the injunction in regard to hijab had been revealed. After the battle was over and the caravan was returning to Madinah it stopped for camping to spend the night. Towards the end of the night an announcement was made to the effect that the caravan would soon be departing, so that people should get ready after completing the necessities. Sayyidah 'A'ishah رضى الله عنها felt the call of nature and went out to ease herself. There the string of her necklace was broken and it fell down. It took her some time to locate it, so she got a little late. By the time 374 Surah An-Nur : 24 : 11 - 26 she returned to the camp, the caravan had departed. As for her camel, her litter was mounted on it's back without realizing that she was not sitting in it. This happened because she was so young and frail at that time that her absence from the litter was not noticed; and also because the litter was covered. On her return to the camp when she did not find the caravan there, she did not panic nor ran helter-skelter to locate it. Instead, she acted very prudently and sat down at the camping place after wrapping herself. She did this knowing the Holy Prophet very well that when he will not find her in her litter (,) he will send out men to locate her at the camping place, and if she were gone some other place to locate them, it will only complicate things for the searching party. So, it was best to wait for them there, at the camp. Since it was still dark and she was tired, she fell asleep. On the other hand, it so happened that Sayyidna Safwan Ibn Mu'attal 4 e, whom the Holy Prophet had assigned the duty to stay behind the caravan and pick up things if forgotten by anyone in a hurry, reached the camp at dawn. He saw someone sleeping. So he went there and recognized Sayyidah 'Aishah رضى الله عنها whom he had seen before the injunction of hijab was revealed. Seeing her there like that, he was extremely dismayed and uttered ◌َإِنَّا لِلّهِ وَإِنَّا إِلَيْهِ رَاجِعُون. On hearing his voice she was awakened, and covered her face. Then Sayyidna Safwan brought his camel near her and made it sit down. Sayyidah 'A'ishah ~) Que Al sat on the camel's back and rode on, while he was holding the string of the camel and walking in front. 'Abdullah Ibn Ubbayy was a very wicked hypocrite and enemy of the Holy Prophet ₹. He got hold of this news and the wretched man fabricated shameless imputation against her. Unfortunately, some naïve Muslims also narrated the gossip on hearsay; for instance Sayyidna Hassan and Mistah among the males and Sayyidah Hamnah Que d >> from the females. (Tafsir Ad-Durr-al-Manthur has reported this version with reference to Ibn Marduwaih on the authority of Sayyidna Ibn 'Abbas 4 (اعانه اى عبدالله ابن أبى حسان ومسطح وحمنة --- When this slander of the hypocrite was publicized, the Holy Prophet himself was also very hurt. As for Sayyidah 'A'ishah رضى الله عنها ,it was but obvious to get hurt extremely. Even ordinary Muslims were also extremely pained on the spread of this totally false and fabricated slander. This went on for about a month, but at last Allah Ta'ala revealed 375 Surah An-Nur : 24 : 11 - 26 these verses to exonerate her and condemn those who were involved in its fabrication or spread, in any way. The commentary on these verses will follow soon. In accordance with the Qur'anic injunction, which has been detailed above under the heading of punishment for false accusation (Jiall i-), those who were involved in the spread of false slander were asked to produce the evidence in support of their accusation. Since that was a totally unfounded accusation, they could not produce any evidence whatsoever. As a consequence, the Holy Prophet awarded the punishment of false accusation (Jiall i-) to them, and each one of them was flogged with eighty stripes. Bazzar and Ibn Marduwaih have reported on the authority of Sayyidna Abu Hurairah . that the Holy Prophet awarded the punishment to three Muslims, namely, Mistah, Hamnah and Hassan , while Țabarani has reported on the authority of Sayyidna 'Umar that the Holy Prophet had awarded double the punishment of false accusation to 'Abdullah Ibn Ubayy, the hypocrite, who had fabricated this slander. After that the Muslims repented, but the hypocrites remained as they were. (Bayan ul Qur'an) Commentary Unique proficiency of Sayyidah 'A'ishah's Que du>, , and the remaining part of the incident of Ifk The enemies of the Holy Prophet ¿ did their best to harm him, and did every thing they could possibly think to afflict him. Amongst all the afflictions which were perpetrated by the infidels, perhaps the most severe and emotionally torturous was to pass slander on the most exalted, proficient, learned, and respected mother of the believers amongst all his pure wives. With the contemptible false slander the respected name of Sayyidna Safwan Ibn Mu'attal was also maligned by the hypocrite 'Abdulalh Ibn Ubayy. The hypocrites gave the slander different colours and then spread it. The most distressful thing in this episode was that some simple Muslims were carried away by the unfortunate slander and started narrating it as well. The unfounded slander would have been exposed by the truth in a few days time, but for compensating the emotional torture inflicted on Sayyidah 'A'ishah and on the Holy Prophet himself by it and for exonerating her, Allah Ta'ala did not rest just at hinting at the episode in a revelation, but revealed almost two ruku's for 376 Surah An-Nur : 24 : 11 - 26 her exoneration. Not only that, but all those who had fabricated this slander, and those who had participated in narrating it, were warned to face the torment in this world and in the Hereafter. Perhaps never such warnings were revealed on any occasion. In fact this incident of Ifk has brought into the open and highlighted the excellence of Sayyidah 'A'ishah's superior wisdom and intelligence along with her chastity and sanctity. That is why in the very first of the above quoted verses Allah Ta'ala has asked not to consider this incident as bad for her, rather it was a blessing. What could be a greater blessing than this, that Allah Ta'ala has confirmed her purity in no less than ten verses, which will be recited until the Dooms Day. Sayyidah 'A'ishah >) Que JI had herself said that she was quite confident that Allah Ta'ala would exonerate her and clarify her position through a Wahy (message to the Holy Prophet , but did not consider herself to be so fortunate that Qur'anic verses would be revealed referring to her person, which will be recited for ever. At this point it will help the readers to know some details about the incident for understanding the verses. So, they are briefly narrated here: On return from that journey Sayyidah 'A'ishah Que d' », got involved in her household affairs, and was not the least aware of the rumor that was circulated by the hypocrites about her. Sahih of Bukhari has narrated on the authority of Sayyidah 'A'ishah رضى الله عنها herself that after the return from the journey she fell slightly sick, the main cause of which was that she did not notice the favour and grace from the Holy Prophet towards her, which was his norm. Instead, she noticed during that period that when he would come home, he would only inquire about her health after the salutation and go back. Since she did not know at all anything about the rumor that was being circulated about her, hence she could not understand the cause of his attitude towards her, but took the grief to heart, which started telling on her health. One day she went out in the open to ease herself, as there used to be no latrines in the houses in those days. Because she was not keeping well she took along Mistah's mother with her. When they were returning home after she had eased herself, the foot of Mistah's mother got entangled in her sheet and she fell down. As she fell down she uttered the phrase تَعِسَ مِسُطَح . This phrase is normally used by Arabs while cursing someone. Sayyidah 'A'ishah de,