(1849-1905)
Head of Islamic Verdict Body (Mufti) In Egypt & Most Islamic Countries

 

NO DEATH PENALTY FOR ADULTERY IN ISLAM

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1) Adultery is obscenity in Islam , Christianity , Judaism & other religions .The adultery penalty is death in Torah & bible but not in Quran which is 100 lashes only for both man & woman  & no killing or stoning even if the adultery woman was married & there is no punishment at all for single woman & man who  have sex after mutual word of mouth marriage consent even if it was a secret non publicized marriage or under the form of “right of possession”  “melk al yameen”, in which a free single woman can  consensually devote herself to a man which is all legal in Islam 

see  Quran, 24;2

“الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ

translation is “The adultery woman & man – lash each one of them with a hundred lashes”—

2) ADULTERY punishment is impossible to apply according to Islam requirements because it needs complete evidence that are practically impossible to be proven  . It needs four pious credible witnesses that witness the full sexual intercourse act without any spying or prying , moreover the woman  must confess perpetrating the crime & if ever all these conditions are satisfied then the penalty is only 100 lashes & this punishment is not applicable to single woman & man who  have sex after mutual word of mouth marriage consent even if it was a secret non publicized marriage or under the form of “right of possession”  “melk al yameen”, in which a free single woman can  consensually devote herself to a man which is all legal in Islam

Accordingly , it is clear that this penalty (100 lashes) is practically applicable to only this unfaithful married person & adultery partner who betray the spouse ,that is if the adultery woman was married , then  she & her adultery partner male get lashed only & the hadith/narration of adultery stoning penalty to married people is fake -just as the myriad of fake hadith marring Islam-& the least common sense would say that the Prophet Muhammad could not disobey his Lord & stone instead of lashing (note that Quran stated lashing without specifying the marital status),moreover the Prophet never implemented any lash or stoning penalty alike to Prophet Jesus who refrained from & discouraged the stoning of the sinful woman despite the penalty stating in Bible

3) ISLAM IS MORE FEMALE BIASED THAN ANY OTHER CIVIL LAW on earth on that issue . A woman in any civil law can be convicted of adultery if enough witness & material evidence is sufficient even if the woman denies the act . Differently, Quran stipulated that despite witnesses & evidence condemning the woman , she still can absolve & acquit herself if she denies the witness/evidence accusation even if the witness was her own husband provided she takes the oath for that denial , see Quran 24;8

“وَيَدْرَأُ عَنْهَا الْعَذَابَ أَن تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّـهِ ۙ إِنَّهُ لَمِنَ الْكَاذِبِينَ ﴿٨﴾ وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّـهِ عَلَيْهَا إِن كَانَ مِنَ الصَّادِقِينَ

translation is “But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars. And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful”—-

.4) Both man & woman are to be equally punished in adultery if adultery is proven as per conditions stated above  & the 100 lash punishment should be done in a way so as not lead to death or serious injury but only to inflicting pain

5) As seen from above conditions needed for proving the case , unless the woman willingly confesses , thus someone may wonder why it was enacted especially that even the prophets did not implement it , the answer is to depict how greatly sinful this act is & to serve as a deterrent to adultery committing so as to save the family & society from treason & betrayal disasters & problems . Also the here life punishment is an expiation & relief from the afterlife punishment .