Issues about Zina
11-5-2004 | IslamWeb
Question:
Thank you for your time and assistance in this matter. I have a near and dear friend who has committed one horrible mistake in her life and it is ruining her life. I am trying to help her by shedding some light on her situation and showing her that there is hope, however I am a bit confused on a few issues and would like to clarify them before using them as a means to help her.
First of all, I know that there is a Hadith that says that if someone were to commit illegal sexual intercourse and were to get the prescribed punishment (i.e. stoning for the married, lashes for the unmarried) that would be expiation for their sin and it would be forgiven. I was confused with Surah Al-Furqan, I believe it begins with Ayah 68, in which it states that for such sin, the punishment is doubled ... I am understanding that to mean that one would receive the earthly punishment for such a crime and then receive punishment in the hereafter...am I correct? If so, then where does that leave the Hadith that states that the earthly punishments would be an expiation for the sin?
Second of all, I cannot read Arabic so I am only able to read the English translations of Qur’an and lately I have been noticing that there is abrogation in the Qur’an, meaning that one verse is cancelled out by another. My question is regarding Surah Al-Nisaa, Ayah 15...it was abrogated by Surah An-Nur verse 2, which ordained the Hadd for the person/persons guilty of illegal sexual intercourse. What about Surah Al-Nisaa, Ayah 16 which says that if two persons guilty of illegal sexual intercourse repent and amend their ways, leave them alone? Is that also of the abrogated verses? Is the repentant Zani/Zania to be left alone?
My third and final question is in regards to a child conceived through Zina. I have recently seen on your website a number of people asking questions in regards to what the child produced of Zina's status is to his father and you stated that the child is not to be traced back to the father and would only be a stepchild if he and the mother were to marry. I have not yet come across anything about that particular topic in my reading of Qur’an or Hadith; however I am not very far in my reading, so I would appreciate it if you could let me know where to find the supporting evidence of that. Also, I would like to know what the status of a child is to the father if the husband and wife conceived the child and the wife committed Zina after she was pregnant. Is that child linked to the father? And at that point, what is the marital status of the couple (if the wife is fully repentant, changed and was unaware that intercourse with a man who was not the father of the child was a sin outside of Zina?
Your help is greatly appreciated and may Allah grant you many Hasanat for helping someone who I fear is greatly despairing.
Answer:
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
As long as this woman has repented and has been feeling deep sorrow for her disobedience to Allah, Allah will forgive her sin since true repentance erases all the past sins. A person who makes repentance is just as the one who did not commit a sin at all. Allah has mentioned in the Qur'an that the one who associates partners with Allah, or kills a person or commits fornication and makes repentance Allah forgives them. Allah Says (interpretation of meaning): {And those who invoke not any other ilâh (god) along with Allâh, nor kill such life as Allâh has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; Except those who repent and believe (in Islâmic Monotheism), and do righteous deeds, for those, Allâh will change their sins into good deeds, and Allâh is Oft-Forgiving, Most Merciful.}[25:68-70]. Allah Loves those who return towards Him in repentance. Allah Says (interpretation of meaning): {Truly, Allâh loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers, etc.).}[2:222].
Hence, she should cover herself and should not inform anyone about her sin. Ubadah Ibn Al-Samit reported that: 'Allah's Messenger (peace be upon him) said: "Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits fornication 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." [Muslim]
There is a Hadith that reads: "Whoever commits a sin in this life and gets its punishment in this life, Allah is the Most-Just, so, He will not punish him again (in Hereafter). If a person commits a sin in this life and Allah covers him in this life then Allah is Most Generous so he will not punish him in the next life." [Ahmad, al-Arnawoot consider it as Hasan]
In the light of the above details you may have understood the verse of Surah al-Furqan and the position of this woman who had committed illegal sex.
The verse 15 from Surah al-Nisa is abrogated, the evidence is the aforementioned Hadith of Ubadah Ibn al-Samit.
As for the verse 16 from Surah al-Nahl, it was also abrogated as reported by Imam Al-Qurtubi.
Some Hudood (legal punishment) are established by Qur'an as in the case of giving lashes to a fornicator which is mentioned in the second verse of Surah al-Noor while some other Hudood are mentioned in Ahadith as in the above Hadith of Ubadah.
As for the illicit child he is traced back to his mother contrary to the father. For more details in this regard, please read the Fatawa: 84788.
Know that if a married woman commits adultery whether before pregnancy or after it, the child is traced back to her husband as the Prophet (Sallallahu Alaihi wa Sallam) said: "The boy is for the owner of the bed and the stone is for the person who commits an illegal sexual intercourse." [Al-Bukhari]
A husband may only deny his affiliation to his child by taking an oath in front of authorities which is called Lia’an.
We ask Allah to accept her repentance and grant her comfort, especially if she was not aware of this sin.
Allah knows best.