Here is an excerpt from a very good essay that discusses this topic:
Al-Nisaa 4: 15 -- 16 and Al-Noor 24: 2. Al-Nisaa 4: 15 -- 16 :
And for the harlots among your women, call four witnesses, from among your people, against them. Thus, if they testify, then confine them to their houses until death claims them or God ordains for them another way. And for the two, who are guilty of lewdness from among you, punish them both [with a beating]. Then if they repent and [promise to] correct their behavior, then let them be. Indeed God accepts repentance most; Infinitely Merciful.
Al-Noor 24: 2 reads as:
For the male and the female guilty of fornication, flog them both a hundred stripes. Let not mercy for them overtake you in the implementation of God's law, if you truly believe in God and the Final Day. And let the implementation of the punishment be witnessed by a group of believers.
A thorough understanding of the two verses should sufficiently answer the questions raised
Al-Nisaa 4: 15 relates to the crime of prostitution. This is precisely the reason why only women have been mentioned;
The punishment for the crime is given as house arrest till death, so that the woman in question is effectively hindered from spreading mischief and lewdness in the society;
The last words of the verse -- 'until God ordains for them another way' -- clearly implies that the stipulated punishment (of house arrest) is for a period of time, after which, when the society is prepared and organized for it, the permanent law shall be given;
Al-Nisaa 4: 16 relates to a male and a female involved in fornication;
Immediately succeeding the words 'until God ordains for them another way', it was clear that the stipulated punishment was also effective for a temporary phase, till the time that the society was prepared and organized for the permanent punishment to be given;
The punishment stipulated in the verse is of an undefined beating, which is in keeping with the fact that during the initial phase, the punishment for the crime was not strictly prescribed;
The above points should also explain why the punishment in the first case is more severe than that in the second case. The two crimes, as should be clear, belong to two different categories. The consequence of the latter of the two is restricted to the two individuals involved in it; while the former, if allowed to flourish, results in the moral degeneration of the society.
Al-Noor 24: 2 (and the verses that follow) prescribe the final and the permanent punishment for the crime of fornication;
As far as the final and permanent punishment for prostitution is concerned, it is not given in Al-Noor 24: 2. However, besides these verses, Al-Maaidah 5: 33 -- 34 prescribed punishments for crimes that were of the nature of spreading disorder and anarchy in the land or of religious persecution or in any other way effecting the well being of the society at a macro level. Explaining the penal law of Islam, I had written in my response to a question:
It must be understood at the outset that Islam, in its injunctions regarding the penal law, has classified crimes into two major categories:
- Normal crimes; and
- Extra-ordinary crimes.
Examples of the first category may include crimes against someone's property, i.e. theft, crimes against someone's life, i.e. murder or physically harming a person and crimes against chastity and respect, i.e. fornication and defamation. Besides this classification, Islam has given another class of crimes, that may appear to be of the same nature as given above, but are committed with an absolutely different psyche.
For example, a person may quietly enter someone's premise and steal something from there, and in another case, a few people may form a gang of robbers and rob market places, houses and automobiles on the highway. Now, if you would consider closely, although a crime has been committed against property in both the cases, but the psyche of the criminals is quite different in the two cases. The first case entails a psyche of a simple criminal while the second case entails a psyche of a person who wants to create unrest and disorder in the society, as a whole. Like wise, in case of murder, a person may kill another person on provocation, in hot blood or only to "get even" for an insult, or to settle the score of an old enmity. While on the other hand, a person may install a bomb in a public place and thereby kill anyone -- man, woman or child -- that comes within the range of the blast. Now, again, even though the two acts have resulted in the same thing -- that is loss of life -- but still the psyche in the two acts is absolutely different. The same is the case with crimes against chastity and respect. A man and a woman may indulge in the act of fornication or adultry, while in another case, a man may rape a woman or a woman may open a brothel.
Crimes of the first category are basically against the person, property, respect and morality of individuals, while crimes of the second category are basically against the society, as a whole. The crimes relating to the second category are called "fasaad fil-ardh" in the Qur'an.
Regarding the punishment of 'Fasaad fil Ardh', the Qur'an (Al-Maaidah 5: 33 -- 34) says:
The punishment of those, who declare a war against God and His messenger and try to spread unrest in the land is nothing but that they be sentenced to a painful death or to crucifixion or that their one hand and one foot of the opposite side be amputated or that they be sent in exile. This punishment is a disgrace for them in the life of this world, and in the hereafter, a great punishment awaits them. Except for those who repent [and correct their behavior] before you catch them. Be mindful that God is Forgiving, Merciful [for the repentant].
Explaining the penal law of Islam, I had written:
Islam, in its penal law, has proposed two different kinds of punishments for the crimes of the two categories... the punishment for "fasaad fil-ardh" has been mentioned in Al-Maaidah 5: 34. In this verse the Qur'an says that such individuals should slain in a painful manner (taqteel) or should be crucified (tasleeb) or one of their hands and one of their feet should should be amputated or they should be sent in exile (they should be removed from their society and thereby from the influence of bad company). It is obvious from this verse that the court has been given the authority to decide and implement from amongst these four punishments according to the gravity of the crime and according to the psyche of the criminal.
In view of the above explanation, it is clear that the final and permanent punishment of prostitution (for which a temporary punishment was stipulated in Al-Nisaa 4: 15), rape etc. was derived from the given verse. Stoning to death was, in fact, one of the methods adopted by the Prophet (pbuh) for implementing 'taqteel' (slaying in a painful manner).
Thus, the punishments mentioned in Al-Nisaa 4: 15 -- 16 were, in fact, given for a temporary period, during which the newly formed society was organized and groomed. During this time, lighter forms of punishments were administered to the criminals[2]. However, later on, as the moral standard of the society elevated and as it became more organized, stricter punishments were prescribed for these crimes. The latter punishments replaced and abrogated the previous order.
I will support it further through the following Ahadith (PakistanAbroad, please dont mind complaining, its not for you!)
'Ubada b. as-Samit reported: "Allah's Messenger (may peace be upon him) as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death. (Translation of Sahih Muslim, Book 17, The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud), Number 4191)"
Jabir b. Samura reported: "As he was being brought to Allah's Apostle (may peace be upon him) I saw Ma'iz b. Malik-a short-statured person with strong sinews, having no cloak around him. He bore witness against his own self four times that he had committed adultery, whereupon Allah's Messenger (may peace be upon him) said: Perhaps (you kissed her or embraced her). He said: No. by God, one deviating (from the path of virtue) has committed adultery. He then got him stoned (to death), and then delivered the address: Behold, as we set out for Jihad in the cause of Allah, one of you lagged behind and shrieked like the bleating of a male goat, and gave a small quantity of milk. By Allah, in case I get hold of him, I shall certainly punish him. (Translation of Sahih Muslim, Book 17, The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud), Number 4198)"
"It has been narrated on the authority of Amir b. Sa'd b. Abu Waqqas who said: I wrote (a letter) to Jabir b. Samura and sent it to him through my servant Nafi', asking him to inform me of something he had heard from the Messenger of Allah (may peace be upon him). He wrote to me (in reply): I heard the Messenger of Allah (may peace be upon him) say on Friday evening, the day on which al-Aslami was stoned to death (for committing adultery): The Islamic religion will continue until the Hour has been established, or you have been ruled over by twelve Caliphs, all of them being from the Quraish. also heard him say: A small force of the Muslims will capture the white palace, the police of the Persian Emperor or his descendants. I also heard him say: Before the Day of Judgment there will appear (a number of) impostors. You are to guard against them. I also heard him say: When God grants wealth to any one of you, he should first spend it on himself and his family (and then give it in charity to the poor). I heard him (also) say: I will be your forerunner at the Cistern (expecting your arrival). (Translation of Sahih Muslim, Book 20, The Book on Government (Kitab Al-Imara), Number 4483)"
Narrated Abu Huraira and Zaid bin Khalid: "Two men had a dispute in the presence of Allah's Apostle. One of them said, "Judge us according to Allah's Laws." The other who was more wise said, "Yes, Allah's Apostle, judge us according to Allah's Laws and allow me to speak (first)" The Prophet said to him, 'Speak " He said, "My son was a laborer for this man, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I have given one-hundred sheep and a slave girl as a ransom (expiation) for my son's sin. Then I asked the religious learned people (about It), and they told me that my son should he flogged one-hundred stripes and should be exiled for one year, and only the wife of this man should be stoned to death " Allah's Apostle said, "By Him in Whose Hand my soul is, I will judge you according to Allah's Laws: O man, as for your sheep and slave girl, they are to be returned to you." Then the Prophet had the man's son flogged one hundred stripes and exiled for one year, and ordered Unais Al-Aslami to go to the wife of the other man, and if she confessed, stone her to death. She confessed and was stoned to death. (Translation of Sahih Bukhari, Punishment of Disbelievers at War with Allah and His Apostle, Volume 8, Book 82, Number 826)"
Wallahu Alam