Sunday 15 July 2012

What Sharia says about adultery...

What Sharia says about adultery comes under “fornication” in the “Reliance”.
Fornicators shall be scourged:
“Allah most high says:
‘(1) Approach not fornication, it is surely an indecency and evil as a way (Koran 17:32)
‘(2) The fornicator and the fornicatress, scourge them each a hundred stripes and let not pity for them take you.’ (Koran 24:2)”. (p12)
There is no expiation for killing an adulterer
“There is no expiation for killing someone who has left Islam, a highwayman or a convicted married adulterer, even when someone besides the caliph kills him.” (o5.4).
Comment: “expiation”, when required, involves the freeing of two slaves or fasting for two months. (i 1.20)
Fornicators should be stoned to death:
“The legal penalty is obligatorily imposed upon anyone who fornicates or commits sodomy when they:
(a) have reached puberty;
(b) are sane;
(c)  and commit the act voluntarily;
“no matter whether the person is a Muslim, non-Muslim subject of the Islamic state, or someone who has left Islam.
“If the offender is someone with the capacity to remain chaste, then he or she is stoned to death, someone with the capacity to remain chaste meaning anyone who has had sexual intercourse with their spouse in a valid marriage and is free, or age, and sane.” [emphasis in the original] (o12.1-2)

Are there any positive clauses in Sharia for fornicators?  Yes, but conditional:
A man must pay a woman he forces into fornication:
“A man is obliged to pay a woman the amount typically received as marriage payment by similar brides when the marriage was (consummated but) invalid, or when a man forces a woman to fornicate with him.  When a woman voluntarily fornicates with a man, she does not receive any marriage payment.” (m8.10)
Fornicators not punished if they didn’t know….:
“Someone who commits fornication is not punished if he says that he did not know it was unlawful, provide he is a new Muslim or grew up a remote wilderness, though if neither of these is the case, such a person is punished.” (o12.4)