Overview (Verses 1 - 3)

An Unusual Beginning 

This sūrah has a unique opening that is not repeated anywhere else in the Qur’ān. What is special is the use of the clause ‘We have ordained’. We take this to imply an emphatic assertion that people must take everything that the sūrah includes in the same way. Social manners and morality are ordained in the same way as mandatory punishments. We need to remember here that such manners and morality are deeply rooted in human nature, but people tend to overlook them because of deviant social pressures and easy temptations. Hence, the divine revelations God has bestowed from on high place them back before people’s eyes, explaining the clear logic of undistorted human nature.

This emphatic and clear opening is immediately followed with an explanation of the mandatory punishment for adultery, a ghastly crime that severs the ties between its perpetrator and the Muslim community. As for the adulteress and the adulterer, flog each of them with a hundred stripes, and let not compassion for them keep you from [carrying out] this law of God, if you truly believe in God and the Last Day; and let a number of believers witness their punishment. The adulterer couples with none other than an adulteress or an idolatress; and with the adulteress couples none other than an adulterer or an idolater. This is forbidden to the believers. (Verses 2-3) In the early days of Islam, the punishment prescribed for adulterers was that outlined in Sūrah 4, Women, which says: “As for those of your women who are guilty of gross immoral conduct, call upon four from among you to bear witness against them. If they so testify, then confine the guilty women to their houses until death takes them or God opens another way for them.” (4: 15) Thus the punishment for the guilty adulteress was confinement at home and verbal reprimand, while the adulterer was punished by verbal reprimand only. Sometime later, God revealed the new mandatory punishment specified in this sūrah. This is then the ‘way’ opened by God to which Sūrah 4 alluded.

Flogging is the punishment of male and female adulterers who have not been empowered through marriage. This punishment is enforced on any Muslim who is sane, of age and a free person whose guilt is established. As for a person who has had sexual relations within a proper marriage and then commits adultery even though he is sane, of age and free, his punishment is stoning.

Such stoning is confirmed in the Sunnah, while flogging is established clearly in the Qur’ān. Since the Qur’ānic statement is phrased in general terms, and the Prophet inflicted stoning on a married man and a married woman who committed adultery, it is clear that the punishment of flogging applies only to adulterers who are unmarried.

There are several juristic differences in this area. For example, combining the two punishments of flogging and stoning for a married adulterer. Most scholars, however, agree that no such combination applies. Other points of difference include sending unmarried adulterers into exile in addition to the flogging, and the punishment for a slave adulterer. These juristic differences are very detailed, but we do not propose to speak about these here. Readers who are interested may refer to books on Fiqh. We instead will confine ourselves here to a discussion of the wisdom of this piece of legislation.

The first point to note is the difference in the punishment incurred by adulterers, depending on their marital status. A Muslim who is of age, free and sane and who has already experienced sex within marriage is fully aware of the clean and proper way to satisfy sexual desires. To abandon this and resort to adultery betrays a deviant and corrupt nature. Hence, punishment is increased in this case. A virgin on the other hand may feel the temptation so strongly when he is inexperienced. There is also a difference in the nature of the act itself. A married person is able to enjoy sex in a much better and more refined way than a virgin. Hence, he deserves increased punishment.

As has already been mentioned, the sūrah speaks here of the mandatory punishment for the unmarried adulterer only. It emphasizes the requirement to put it into effect, with no compassion shown to the perpetrator: “As for the adulteress and the adulterer, flog each of them with a hundred stripes, and let not compassion for them keep you from [carrying out] this law of God, if you truly believe in God and the Last Day; and let a number of believers witness their punishment.” (Verse 2) The Muslim community is required to implement this punishment showing no sympathy for the offenders. The punishment should be administered in public with a number of believers present. This makes it harder for the offenders and increases the deterrent effect for the beholders.

The crime is shown to be increasingly heinous. Hence, all ties between the perpetrators and the Muslim community are cut off: “The adulterer couples with none other than an adulteress or an idolatress; and with the adulteress couples none other than an adulterer or an idolater. This is forbidden to the believers.” (Verse 3)

This means that those who commit adultery do not do so while they are believers. They only commit it when they are in a state that is far removed from faith and the feelings it generates in people’s hearts. A believer is not comfortable to enter into marital relations with someone who has abandoned faith through such a terrible offence. Indeed Imām Aĥmad is of the view that marriage is forbidden between an adulterer and a chaste woman, or between a chaste man and an adulteress. A prerequisite for such a marriage to be valid is for such offenders to genuinely repent. At any rate, the Qur’ānic verse makes it clear that by nature believing men and women feel that to be married to someone who commits adultery is strongly repugnant. Thus, it is very unlikely to happen, and this improbability is described here as a prohibition. Thus, ties between the Muslim community and individuals who commit adultery are non-existent.

A report giving the reason for the revelation of the second of these two verses mentions that Marthad, a man from the Anşār, used to go to Makkah to free those who were imprisoned because of their belief in Islam. He would take those whom he managed to free to Madīnah. Before becoming a Muslim, he used to have a friend in Makkah called `Anāq who was a prostitute. On one of his visits, he arranged to smuggle out a prisoner held in Makkah. He said: “I stopped by the outside wall of a garden on a clear night with moonlight. `Anāq soon came and noticed a black shade against the wall. When she drew near, she recognized me and mentioned my name. I confirmed that it was I. She welcomed me and invited me to her place to stay the night. I said: ‘`Anāq! God has forbidden adultery.’ She gave me away, shouting to the people that I was smuggling their prisoners out. As I tried to disappear, eight of them followed me. I went into the garden and walked until I entered a cave. They followed me in and stood by my head, while I remained motionless. Some of them urinated over my head, but God helped me and they did not notice me. When they left, 1 returned to my man and helped him. He was very heavy, but I carried him for a distance, and then I untied him. I carried him on, but he helped me until we safely reached Madīnah. I then went to the Prophet and asked him if it was all right for me to marry `Anāq. I repeated my question twice, but he did not reply until this verse was revealed stating: ‘The adulterer couples with none other than an adulteress or an idolatress; and with the adulteress couples none other than an adulterer or an idolater. This is forbidden to the believers.’ The Prophet said to me: ‘Marthad! An adulterer couples with none other than an adulteress or an idolatress. Do not marry her.’” [Related by Abū Dāwūd, al- Nasā’ī and al-Tirmidhī]

This verse, then, implies that a believer is forbidden to marry an adulteress unless she genuinely repents. The same applies to a female believer and an adulterer. This is the view Imām Aĥmad took, but other scholars had a different view. As a point of difference, it may be studied in Fiqh books. At any rate, this type of action alienates the perpetrator from the Muslim community, which in itself is a severe social punishment that is no less painful than flogging.