A few months ago, a protest took place in the Maldives in defense of the Islamic Huddud (punishment) after a UN delegate spoke out against whipping for adultery from the Maldivian Parliament.
A few years ago, I had heard it argued that it was not Islamic to literally apply the Huddud in this day and age. I wanted to know for sure who was correct about this issue from an Islamic point of view, the fundamentalists or the liberal Islamic scholars.
Seeking answers, I dug out and read a few of my old volumes of Sahih Muslim, as rendered into English by Abdul Hamid Siddiqi. The experience I had wading through those pages rekindled that warm flame within me of the Islamic spirit of Mercy, the Mercy of Allah for all humanity.
This Mercy is understood by all Islamic scholars to be the supreme attribute of Allah. I came to believe that it is perfectly justifiable within a Sunni Islamic context to have the opinion that it is against this Merciful Essence of Islam to literally apply the Huddud in our day and age.
The Huddud (punishment) of flogging for Zina (adultery) is prescribed by the Qur’an and the Sunnah. Also in the Quran, however, in Surah four 15 – 16, it is stated that those who commit crimes such as Zina are to be extended forgiveness and Mercy if the perpetrators repent. As we well know, the view of many fundamentalist Sunni scholars is that these verses prescribing Forgiveness for Zina were abrogated and replaced by the verse prescribing whipping for zina. Many modern Islamic scholars have argued that this is an example of a misunderstanding and misuse of the idea of abrogation.
Let’s look closer at this concept of Naskh, abrogation.
It is one of the fundamental points of Sunni Islam that the Qur’an is the unwritten, eternal Kalam. As an attribute of Allah (Kalam or Speech) it has always existed. Is it possible then, that a ruling of vengeance which has always existed, (as part of the Uncreated Qur’an) could suddenly come into being in the lifetime of our Beloved Prophet (SAW) to replace a ruling of Mercy and Forgiveness which has also always existed.
That is not reasonable. So another perspective is that the Huddud are not so much laws to be applied to all circumstances but are in fact uncreated representations of eternal principles. The highest principle, and the overriding principle in all decision making, is the principle of Mercy, so richly expressed as compassion and forgiveness in the Qur’an and in the Sunnah so very many times.
It is said, in many Sahih Ahadith, for example, that one would be admitted to Jannah (paradise) for having a grain of faith as small as a mustard seed, no matter what his sins were. The practical application of this Mercy comes through the Islamic principle of Maslahah, doing what is best for the community.
In depth study of the Qur’an and Sunnah makes it apparent that the reason the Huddud exist are to make us aware of the immeasurable gravity of the sanctity of life and family, and of the importance of the protection of private property for furthering the development of all the Ummah. The preference for forgiveness is further demonstrated by the near impossibility of applying the Huddud due to the almost impossible to provide demands for proof required by Shariah law (four witnesses to prove fornication for example).
The Prophet’s own preference of the application of forgiveness and Mercy, even when perpetrators confess their sins and demand to be punished, is beautifully demonstrated by a Hadith which recounts an occasion that a female perpetrator of Zina demanded she be punished. The Prophet ignored her, preferring that she accept Allah’s Mercy. She evidently understood the lesson of the sanctity of family which the prescribed punishment for Zinah was meant to teach, and for the Prophet (SAW) that was enough.
As the story goes, this woman persisted in demanding punishment to the point the Prophet could not refuse, and even when she was punished, the Prophet forbade a spirit of vengeance or hate toward her. Sorrowfully, the Prophet demanded reverence, silence; he said he sensed Jannah (heaven) around her as she died. Again, I must emphasise, He did not want to punish her. Such application of punishment was not compatible with the Merciful Intent of the Wahi (the Revelation.)
Unlike some of our present day Muslims, the Prophet was not into protests demanding vengeance and punishment for Zinah, he hated to apply the Huddud and certainly would never have pushed to do so. For he who was sent as a Mercy to the Worlds, it would have been beneath his dignity to make a loud noise about wanting to hurt anybody.
Given our modern understanding and technology, it is possible to promote the gravity of the sanctity of the family and of marriage (the reason for the Revelation of the Huddud) through means such as counseling and education. So it would be most un-Islamic, seems the Islamic preference is Mercy, to literally apply the Huddud for Zinah in our day and age. Of course, those texts will always be there, as they always have, to remind us of the sanctity of family.
There are many great Islamic scholars from the Maldives who agree with the general thrust of this point of view who could actually argue this point a billion times better than I could. Yet since it would be politically damaging for them to share their much needed genius with us right now, I certainly hope that my humble opinion could at least generate some debate about this issue. Eventually I hope to hear from our brave, noble geniuses.
One final thought on this matter.
The Prophet said, and he was not the first Prophet to say it, that he who refuses to show Mercy to others will not receive Mercy from Allah. I wonder what Allah may think of those who’s Zinah and alcohol use had been concealed by Allah’s Mercy, who then demand that that same mercy be denied to others.
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Dear Ben Abdul-Rahman Plewright : Sir, what wonderful words you have writen and more, what a wonderful lesson of faith and mercy you sent us with your writing. I just wish all the scholars from all religions, roman Pope included, would see the world as you mention. Indeed you are right: why should people that denigrate human rights be gifted with our mercy and forgiveness? Nevertheless we have to choose, either we are different and therefore mercy means something for us or we are just like the ones that say people should be punished in the name of God or the Prophet (SAW) … I already made my decision and I prefer to not entitle myself as the executioner messenger of GOD but just be a normal human that offers mercy and forgiveness to people, even to the ones that with no reason have destroyed my beloved business in MLE airport created with so much love and suffering, paying bribes and other abuses.
I know I am just a human, humble ex-teacher of university, and one fine day i'll die like all. So, why carry hate with me. Don't people know that hate increases the cholesterol in veins and heart attack possibilities? Don't people know that hate is forbidden in all religions? Humbleness is missing in our world.
They must be flogged. Our women are impious and disobedient; they lead even the most virtuous and knowledgeable men amongst us astray; and they are failing their mandatory task of properly raising their children to be the faithful servants of Allah (swt) that they are supposed to be.
Furthermore:
"The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: LET NOT COMPASSION MOVE YOU in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment."
- Surat Al Nur; Verse 2 -
Allah Akbar!
Flogging shall continue as per Islamic Shariah, and there is nothing Jews like Ben 'Plewright' or Mr.Antonio from Andalus can do about it! Navi Pillay, the leader of South Asian jews, should also be flogged for trying to spread Christianity in the name of 'human rights' (another jewish concept to lead Maldivian Muslims to Jahannam)!
I personally do not support flogging as a punishment. I believe that some time ago, the justices of the Family Court and a prominent justice of the Civil Court also spoke in favor of removing the punishment from the penal code.
The issue of extramarital births and abortions as well as dangerous sexual habits is of course a pressing matter. We need solutions to these issues as well.
The regrettable thing was that Madam Pillay's comments rolled back years of careful negotiation with the authorities and gradual sensitization programs.
Some believe that sensational statements accelerate efforts to lobby for change. I do not. True and lasting change can only be brought through compromise and pragmatic policies rather than brash, unhindered and confrontational methods.
@ Dhivehi Hanguraama...are you so feeble-minded that you can just be easily led astray by a wrist of leg? To me that intimates that you are incapable of self control and that you need women to ensure your adherence to your own beliefs. Get down on your knees and thank women that wear the hijab and burka for helping you to control your uncontrollable lust.. Weak minded and willed.
@ Sheikh Imran Abdullah...Pillay is of South African Tamil descent, which fought for integration and freedom during apartheid. Get you facts straight..oh wait you need the right equipment (a brain) to decipher facts...clearly something you're lacking.
"observer on Sun, 15th Jan 2012 10:56 PM
@ Dhivehi Hanguraama…are you so feeble-minded that you can just be easily led astray by a wrist of leg? To me that intimates that you are incapable of self control and that you need women to ensure your adherence to your own beliefs. Get down on your knees and thank women that wear the hijab and burka for helping you to control your uncontrollable lust.. Weak minded and willed."
Just as a horse should not be let out of its stable unaccompanied lest the wolf devour it, the Hijab is meant to protect women, lest they tempt the advances of men.
These conventions are there for a reason, and disciplining them when they transgress those bounds is no folly on our part.
Please change the contitution to allow beer and wine to be accepted for Maldivians, then Zuhair, Sarangu Adam and the likes will be content!! This war of "Mid path" is all about this..GOD BLESS PRESS SECRETARY!! GOD BLESS MARIYA DIDI and HER ROYAL LOVE!!
Peace! .. May Peace be upon all of us..
Brother Ben,.. you have made this as clear as possible. I totally agree with you.
I'm a Muslim ( and I belong to the Human race- One of the greatest creation of the the Greatest "Creator") We all belong to "One", And ti Him we shall all return.
I have lost words trying to make people understand that "Muslim" & "Islam" aren't just brands, and "Quran" & "Hadhiths" aren't only for Scholars .. It's a mercy to the whole universe.. to all people, to Muslims, to Christians , to Jews, and to all other faiths and even Atheists.
Allah is One, and His Mercy is what we seek.
May Allah Forgive us and Unite us.
Allah Knows Best. There isn't anything, any power grater than Allah.
This is a very good article, Ben and I read it with much interest. I wish more of my fellow citizens did the same!
You're, of course, absolutely right that most Scholars of Islam will agree with this view of mercy. As we all know, our problems have nought to do with the view of Scholars.
It's all to do with people who have a little knowledge of religion and a lot of ambition and thirst for power. Politics mixed with a little religious knowledge is gun powder in the wrong hands.
As I've said elsewhere, the religious card is the Samson Option or the Nuclear Option of the Maldivian politician. When all fails, they reach for that. I was, in fact, surprised to see that even Ibrahim Nasir used this! Nasir was hardly a Saint, but even he kept The Weapon at hand for emergencies.
Now, turning to the question of Zina, how many people over the age of 18 in the Maldives have NOT committed Zina? My estimate is that the figure will be less than 1%!
Assuming the 5000 people who gathered at the 23rd December rally represent a normal statistical sample (a dubious claim to be honest), this actually represents around 50 people who were really honest about what they were even turning up to! Apply that to the larger society, and we are in no shape or form to defend or talk about defending Islam. Islam first has to penetrate the hardened sun and salt burned souls of the Maldivian!
To flog brother! to flog... flog people who deserves to be flogged. You are very right about the point that its very difficult to prove guilt in sharia, but when guilt is established beyond doubt and when the crime is applicable to hudhoodh it shall be applied. This notion of giving another cheek to slap is good and well with people who understand fair dealings. but with people who will surely take advantage of mercy whenever its shown, they shall be the ones who shall be flogged!
Sheikh Imran Abdullah , can you please stop calling everyone you do not agree with jews? As if the word jew is a dirty word? Have you not read the Quraan and do you not know Moosa Gefaanu was a Prophet of Allah and for us to be muslims we have to acknowledge the prophets sent to earth before Prophet Mohammadh (Peace be Upon Him).The history of the conflict between the jews and muslims is something that should not be used as a platform to refer to the jews in this fashion. For me our enemies are those who have hearing but cannot hear the word of Allah , who have sight but who cannot read what Allah has asked us to read, who have life but who cannot feel the presence of Allah because of their attachment to their egos. I am quite shocked at the level of jahil from those who profess to know all about Islam. What on earth did you study in the madhrasaas?
@Rasheed
"Sheikh Imran Abdullah , can you please stop calling everyone you do not agree with jews? As if the word jew is a dirty word?"
Would you let your daughter marry one?
@Idrees, Dearest Brother:
Sahih Muslim Book 37, Number 6661:
Abu Umama reported: We were sitting in the mosque in the company of Allah's Messenger (may peace be upon him). A person came there and said: Allah's Messenger, I have committed an offence which deserves the imposition of hadd upon me, so impose it upon me. Allah's Messenger (may peace be upon him) kept silent. He repeated it and said: Allah's Messenger, I have committed an offence which deserves the imposition of hadd upon me, so impose it upon me. He (the Holy Prophet) kept silent, and it was at this time that Iqama was pronounced for prayer (and the prayer was observed). And when Allah's Apostle (may peace be upon him) had concluded the payer that person followed Allah's Messenger (may peace be upon him). Abu Umama said: I too followed Allah's Messenger (may peace be upon him) after he had concluded the prayer, so that I should know what answer he would give to that person. That person remained attached to Allah's Messenger (may peace be upon him) and said: Allah's Messenger, I have committed an offence which deserves imposition of hadd upon me, so impose it upon me. Abu Umama reported that Allah's Messenger (may peace be upon him) said to him: Didn't you see that as you got out of the house, you performed ablution perfectly well. He said: Allah's Messenger, of course. I did it. He again said to him: Then you observed prayer along with us. He said: Allah's Messenger, yes, it is so. Thereupon Allah's Messenger (may peace be upon him) said to him: Verily, Allah has exempted you from the imposition of hadd, or he said. From your sin. "
There are AT LEAST another thousand Ahadith I could post to argue the point that the preference is MERCY even IF the evidence is clear a person out right confessing is strong evidence...)
The Ayat of punishment is a very strongly worded expression of a sacred princible, look, please brother, google sahih Muslim book of Tauba, google forgiveness and Mercy in the Qur'an, do the research yourself, it is grotesque to think that the our Beloved Prophet Mohammed (SAW) or Allah could be devoid of Compassion! Even when the Huddud was executed the one punished received Mercy, punishment should never be executed in any spirit except for in a state of deep sadness!
The application of the punishments were upon a people who were savage, killing their own baby daughters for example, and the amount of conflict and bloodshed that Zina caused (families would attack with bloodlust the families of one who dishonoured their FEMALE (Wife, Sister, Daughter or...) that the Hudd applied allowed one to die to save the lives of many!
Yet if that was not the case, Mercy was to be applied!!!
Don't you get it! The sanctity of Allah's Creation is paramount!
There is never any justification for whipping a Woman in Maldives which comes ANYWHERE NEAR AS CLOSE to it being as justifiable in the prophet's time!
YOU MUST study about wars which were feuds of honour over Women, demands for blood money and vengeance in Jahillya to understand why both the Hudd are there in the Qur'an!
Unless it is necessary to kill or whip a person to save the lives of more than one other, there is NO JUSTICE for whipping or hurting ANYBODY!!!
Why the hell is everybody trying to apply practices which were necassary to curb an extremely blood lusting, warring region to the Maldives where it is not necessary! It undermines and degrades the Merciful essence of Islam by making Islam look like a tool for hatred when in fact it is a vehicle of Allah's LOVE for all!
I have SO MUCH< SO MUCH MORE that I need to say but start studying Religion much deeper and understand.
@Ben
“The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: LET NOT COMPASSION MOVE YOU in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.”
- Surat Al Nur; Verse 2 -
What part of "let not compassion move you" do you not understand?
Women are vile disgusting crteatures that deserve to be flogged wether they commit adultery or not; though Allah (swt) only gives us permission when they do.
@Dhivehi Hanguraama:
"Women are vile disgusting crteatures that deserve to be flogged wether they commit adultery or not; though Allah (swt) only gives us permission when they do."
... and you are not ashamed to speak those words in front of your mother, grandmother, daughter, sister?
I wish you to find a good psychiatrist asap!
@Shareefa
"I wish you to find a good psychiatrist asap!"
Psychiatry you say?
http://www.jewwatch.com/jew-mindcontrol-freudianism.html
Thank you for revealing to us where your true loyalties lie.
@Dhivehi Hanguraama
Dr.Freud has retired since a long long while, and the link you kindly post it's a pretty conditioned page for psychotics and obsessed personalities.
very simplistic toward an entire category.
some of them could even be jewish, but is not mandatory for the study of the psychology and psychiatry to be one.
anyway,it remains a open question to you:
are you ashamed or not to formulate those words full of incommensurable hate in front of your female family members?!
or should I think you fall into this world, without spending any second in your mother's body? if it is like that, I bow down in front of you, you must be very very Special! of course then, there is absolutely no need to respect anyone, because all around you are simply humans.
you must feel very alone. I'm deeply sorry for you.
'Women are vile disgusting crteatures that deserve to be flogged wether they commit adultery or not; though Allah (swt) only gives us permission when they do.'
This dude is clearly so far in the closet he's half way across freakin Narnia