Re: Hudood Ordinance Amended!!! (Merged)
Brother thanks. Lakin bhai, kiya kiya jaye? These days we have so-called Ulema that when talk about Quran, Hadith and Islam, it can amaze anyone. Sometime they deny so obvious messages in Quran and hadith, and misguide people who consider them GOD and their words as God words, that one can do nothing but keep quite.
Now on another topic in this same forum, people are arguing on the issue and some are insisting on calling a woman in Islamabad anything they like, on basis that is completely against Quran, hadith and sunnah. These people do not believe that a person is innocent until proven guilty. [Actually, they themselves are guilty of denying words of Allah, still they feel free to judge others and use force or abusive languages to harass others]
I have already showed a lot what is there in Quran and hadith in clear terms. Hence there is no point on arguing again with those that have their own beliefs and are no better than Iblis himself. They are serving their God and fulfilling duty towards the God they believe.
I brought this thread alive so that I can put a bit more relevant hadith in here. Hadith that clearly shows that in Islam, not only accusation without 4 eye witnesses render punishment to accuser, but forensic evidences (like DNA or other evidences) are also invalid when determining Zina, hence no tazir for such cases.
Let me show something crystal clear from hadith that I have not mentioned earlier. Please just try to read hadith carefully and try to understand. It is an inportant hadith on the subject. Anyhow, please try to understand the sequence mentioned in this hadith too, as that is important.
Sequence is important, as during the sequence, wahi came, that exempted requirement of 4 witnesses from husband accusing their wife [these ayahs are 24:6-9 and is known as ayah of Laan], though ayah did not changed anything, except husband is saved from punishment if he accuses his wife, that is all (because wife still have choice to either accept the accusation or deny that). I am putting that sequence down.
**According to the hadith: **A man (Hilal bin Umaiya) came to Prophet (SAW) and told Prophet (SAW) that his wife has done adultery with another man, ‘Sharik bin Sahma’. (Hilal was eye witness of that and he mentioned that to Prophet (SAW)).
Just imagine, what Prophet (SAW) said to the person (Hilal)?
Prophet (SAW) did not say (as present day so-called ulema like to say) that, OH MY GOD, yea tou tumhari gairaat ka sawaal hay. Your wife has done adultery? You should kill your wife, if you won’t kill your wife, you are baighairat [actually, it is these so-called Ulema who are baighairat, and misguide Muslims]. Let see, what Prophet (SAW) said?
**The Prophet said (to Hilal): “Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back.” **(Words from hadith)
In other words, bring 4 witnesses as proof or be prepared to get lashes on your back (that is according to ayah 24:4). No hanky panky, no such thing that well if you have seen or you believe, it must be true. Remember, the woman was his wife and this man was not only accusing, he was telling that he saw her doing adultery, and was giving the name of person she did adultery.
Still, just look at the judgment of Prophet (SAW). No four witnesses? No accusation allowed, even from husband who is eye witness, and if there is accusation, accuser gets punished according to surah Noor (24) ayah 4. [Actually, in such situation, according to Islam, only thing that husband can justly do, is divorce the wife and keep quite, thats all]
Notice: Hilal bin Umaiya saw his wife doing adultery (as he claims in hadith) still him telling Prophet (SAW) was considered as accusation that demands 4 witnesses and if not provided, then punishment according to ayah 24:4.
Hilal must have got into shock. Thus, he asked Prophet (SAW) in clear words: **Hilal said, “O Allah’s Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?” **In other words, he saw ‘Sharik bin Shama’ over his wife and was witness to adultery, thus he questioned, that if that happens, what husband should do, go to seek witnesses?
What was the reply of Prophet (SAW)? Reply must be very shocking for some so called Ulema of today, as for them, their own beliefs, reputations, and assumptions are undeniable evidence.
The Prophet kept on saying: “Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back.”(Words from hadith)
Just imagine, no excuses even when someone saw his wife doing adultery with his own eyes, still one cannot accuse her of adultery. If he accuses her of adultery, he would need four witnesses or would get punished according to ayah 24:4.
Considering people I came across in life, these so-called misguided Ulema and their chailay, some can even be found on this forum: If instead of ‘Hilal bin Umaiya’, it was these people, they would have said to Prophet (SAW) that, Prophet (SAW) what the hell you are trying to teach us? We are not baighirat? Are you teaching us baighairatee? We don’t care. Our religion of kufur was better. We are reverting to our Quraish belief of kufur and going home to kill that wife who played with our ghairat.
Thus, what one could say to these people who are accusing a woman in Islamabad, when there are no 4 eye witnesses that saw her doing adultery but judging that woman on reputation? Are these accusers Muslim? Do they really believe on Allah, Prophet (SAW) and Quran? Do they really care what Islam says? According to command of Allah, practice of Prophet (SAW) and what is mentioned in hadith, do they deserve punishment according to ayah 24:4 or not?
Well, this man, ‘Hilal bin Umaiya’ was saved from punishment, as ayahs came from Allah, that applies to accusation by Husband (ayah is 24: 6-9 and is known as ayah of Laan), though wife does not get punished from that ayah, still husband get saved from punishment.
You will notice further in the hadith that, Husband was proven right by events that followed, that is because a child was born and it was obvious from the looks that the child was of ‘Sharik bin Sahma’. Prophet (SAW) also approved that it could be evidence that she did adultery (actually, doubt was not there in the first place that she did adultery, the reason prophet (SAW) asked for four witnesses or get punished, was because that is command of Allah in Quran).
Here in hadith Prophet (SAW) said about proving of adultery due to child birth and his resemblance (you can say, equivalent of today’s DNA evidence).
The Prophet then said: “Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma’s child.” (Words from hadith)
Still, when adultery was proven, what Prophet (SAW) said and did? He admitted that she must have done adultery, still practically did simply nothing, why? Because, Allah has already settled such cases in Quran, with command of Allah, that to accuse someone and punish, four eye witnesses is needed to confirm that she did adultery, or Zani confesses four times (from hadith).
[Actually, this principle of confession is very important in Islam. Today there is habit of doing takfeer regardless of a person confession, not realising that when a person confesses that he is Muslim, takfeer becomes haram and anyone doing takfeer, is kafir himself]. Here is what Prophet (SAW) said when it was proven from resemblance of child that she did adultery (one can consider it forensic evidence or DNA test of that time):
Later she delivered a child of that description. **So the Prophet said: “If the case was not settled by Allah’s Law, I would punish her severely.” **(Words from hadith)
**Here is hadith: **Bukhari: Volume 6, Book 60, Number 271:
Narrated Ibn Abbas:** Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma’ and filed the case before the Prophet. The Prophet said (to Hilal), “Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back.”** Hilal said, “O Allah’s Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?” The Prophet kept on saying, “Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back.” Hilal then said, “By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment.” Then Gabriel came down and revealed to him:–
'As for those who accuse their wives…’ (24.6-9) The Prophet recited it till he reached: ‘… (her accuser) is telling the truth.’ Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, “Allah knows that one of you is a liar, so will any of you repent?” Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, “It (the fifth oath) will definitely bring Allah’s curse on you (if you are guilty).” So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths).
The Prophet then said, “Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma’s child.” Later she delivered a child of that description. **So the Prophet said: “If the case was not settled by Allah’s Law, I would punish her severely.” **