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Zina Punishment – Adultery

Q:

Allah says in Sura Noor Ayah##02 that whip 100 lashes to those (BOTH sexes) who commits sexual intercourse. Why equal punishment is given to both. Although here both violates the hudood of Allah (swt) but MOST probably women dislikes getting humiliated by men. No woman likes to be exploited by men for their own sexual gratification. But men likes and dreams all the time to get an opportunity of zina, they consider it their luck. Now coming back to my question, i want to ask why SAME punishement is ordered for both the sexes. Mostly women are seduced & drawn towards sex. They(female) will rarely plan to be at the recieving end of zina but men does planning & wait for years to do zina with women. They (males) consider it their success & achievement and will rarely show any remorse. After zina women go through a lot of pain mentally and may even commit suicide due to getting hurt psychologically. Now WHY islam doesn’t differentiate b/w men and women when it was suggesting the above punishment i.e of 100 lashes for zina doers. My second question is, Allah order us to cut hand/s of the thief regardless of whether he is married or not. Then why restriction of martial status is applied here in Zina case. Why Allah doesn’t orders to stone to death whosoever (whether married or unmarried) commits zina, for the women the perpetrator is equal whether he is married or unmarried. She will never show any pity over him even if he is unmarried. If for her the martial status of the criminal is so insignificant then why Allah is showing this much leniency for unmarried. Apparently the verdict is polarized to the perpetrator i.e the virgins….. Please if you could clarify these misconceptions to me. Thanks

A:

Bismillah ArRahman ArRaheem

Wa-Alaykum As Salaam
Firstly, not every law we have in Islam can be understood with our infinitely tiny intellect relative to the unlimited Wisdom of Allahﷻ.  If that is understood, then we can possibly draw some potential reasoning from those rulings.
Statement Allah says in Sura Noor Ayah##02 that whip 100 lashes to those (BOTH sexes) who commits sexual intercourse. Why equal punishment is given to both.
Answer: That is because in the instance of adultery both are consenting sane baligh adults who have chosen to commit adultery.
Statement :  but MOST probably women dislikes getting humiliated by men.
Answer: The rulings and Wisdom of Allahﷻ takes in to account how human being beings were created and the judgement depends on both sexes.  In this instance, “MOST probably” is only a probability and is not enough to question the Authority of the ruling.  Also, remember, this is in regards to consenting adults.  So BOTH would have needed to consent to adultery.
Statement : No woman likes to be exploited by men for their own sexual gratification.
Answer: Again this is a general statement.  Women need security, and may do so by attracting the male counterpart n various ways to attract the one who will give them the most security.  Sometimes to complete that attraction women allow themselves to be exploited. W e can see this in the Western world where women consider minimalist dress as freedom and female nudity a celebration of the women body, where as Islam sees this as exploitation.  And also, what goes on at universities and colleges in Western countries is a testament that sometimes women choose to be in that position early on.
Statement :  They(female) will rarely plan to be at the recieving end of zina but men does planning & wait for years to do zina with women.
Answer:  Again, a very generalized, statement that attacks only one side of the equation.  This ruling is not where some one has been forced to do something they do not want to do.  It is where both have chosen to commit the sin.
Statement:  After zina women go through a lot of pain mentally and may even commit suicide due to getting hurt psychologically.
Answer:  You may be referring to rape here?
Question:  Now WHY islam doesn’t differentiate b/w men and women when it was suggesting the above punishment i.e of 100 lashes for zina doers.
Answer: Given the above statements,  it is because in the instance of adultery both are consenting sane baligh adults who have chosen to commit adultery.
Question: My second question is, Allah order us to cut hand/s of the thief regardless of whether he is married or not. Then why restriction of martial status is applied here in Zina case.
Answer:  Not every law we have in Islam can be understood with our infinitely tiny intellect relative to the unlimited Wisdom of Allahﷻ.   Comparing zina with theft is like comparing bananas and cucumbers.
Question:  Why Allah doesn’t orders to stone to death whosoever (whether married or unmarried) commits zina?
Answer: Again, being married and unmarried are two different kettles of fish.  The one who is married has access to lawful means to fulfill their desires, while the unmarried one does not.
It should also be noted that in order to carry out such rulings for adultery, the conditions are very difficult to achieve.  So much so, you need FOUR witnesses to SEE with their OWN eyes (not a camera for example), the entry of the organ in to the other.  And there are subsequent consequences for one to make such an allegation with out the ability to bring forth such witnesses, which is beyond the scope of this answer.
Further recommended reading: https://www.al-islam.org/enlightening-commentary-light-holy-quran-vol-11/section-1-punishment-adultery-prescribed

Wa alaikum al-Salam

Islam pays great attention to humans social aspect of life(that’s why lots of sharia laws have social aspect, for example: prayer can be done personally or in  Congregational form [salat al-jamaah], but it has more effect and thawab when it is in jamaah). That is one of the reasons that Islam honors marriage greatly and confronts anything that may cause harm to it. Zina is the biggest threat for marriage.

there is a  difference between rape and Zina in definition and punishment, the punishment that you mentioned (100 lashes) is about a sin which both parties did with consent, while in case of rape that happens without permission or consent of one party the punishment (hang) is only for the rapist and there is no sin or punishment on the other party

You must pay attention that there are different type of Zina according to sharia law in which each of them has its owns punishment:

  • The punishment of Rape is hang to death for rapist, without any mercy! Even if the victim forgives; because the rape categorized as Hirabah (declaration of war to Allah swt)
  • There is no punishment for victim of rape
  • If an unmarried person does Zina, the punishment is 100 lashes.
  • If a married person does Zina (with some condition for example: her/his spouse is accessible sexually), the punishment is stoning to death.
Answer by Sheikh Mussaiyab