Are there any contradictions about punishments for sexual sins in Quran (4:15),Quran (24:2) ?
Mohamad Mostafa Nassar
Twitter:@NassarMohamadMR
˹As for˺ those of your women who commit illegal intercourse—call four witnesses from among yourselves. If they testify, confine the offenders to their homes until they die, or Allah ordains a ˹different˺ way for them. And the two among you who commit this sin—discipline them. If they repent and mend their ways, relieve them. Surely Allah is ever Accepting of Repentance, Most Merciful. Quran (4:15-16)
“As for female and male fornicators, give each of them one hundred lashes,1 and do not let pity for them make you lenient in ˹enforcing˺ the law of Allah if you ˹truly˺ believe in Allah and the Last Day. And let a number of believers witness their punishment.” Quran (24:2)
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]
The verse 15 from Surah al-Nisa Quran (4:15) is abrogated, the evidence is the aforementioned Hadith of Ubadah Ibn al-Samit.
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 Quran (24:2) while some other Hudood are mentioned in Ahadith as in the above Hadith of Ubadah.
“As for female and male fornicators, give each of them one hundred lashes,1 and do not let pity for them make you lenient in ˹enforcing˺ the law of Allah if you ˹truly˺ believe in Allah and the Last Day. And let a number of believers witness their punishment.” Quran (24:2)
Ibn Kathir, may Allah have mercy on him, said in his Tafsir (explanation) of this ayah:
“At the beginning of Islam, the ruling concerning a woman who was proven guilty of adultery was that she was to be detained in a house and not allowed to come out until she died.
So, the phrase ‘If any of your women are guilty of lewdness’ refers to adultery. ‘Take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them.
Or Allah ordain for them some (other) way’ – the ‘other way’ that Allah made for them was the abrogation of this which had been mentioned in Quran (24:2).
Ibn ‘Abbas, may Allah be pleased with him, said:
‘This was the ruling until Allah revealed Surat al-Nur Quran (24:2), then this punishment was abrogated and replaced with whipping or stoning.’
Something similar was reported from ‘Ikrimah, Sa‘id ibn Jubayr, al-Hasan, ‘Ataa’ al-Khurasani, Abu Saalih, Qutaadah, Zayd ibn Aslam and al-Dahhak, stating that this is abrogated, and this is agreed upon. Imam Ahmad said:
‘Muhammad ibn Ja‘far told us that Sa‘id told us from Qutaadah from al-Hasan from Hattaan ibn ‘Abdullah al-Raqaashi from ‘Ubaadah ibn al-Saamit who said:
Whenever the wahy (revelation) descended upon the Messenger of Allah (Peace & Blessings of Allah be upon Him), it affected him, the stress showed on him, and his face would change.
Allah sent a revelation to him one day, and when it was over, he said: ” Listen to me, Allah has made another way for them. (When) a married man (commits adultery) with a married woman, and an unmarried man with an unmarried woman,
Then in the case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death), and in the case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.”’
It was reported by Muslim and other narrators of Sunan via Qutaadah from al-Hasan from al-Hattan from ‘Ubaadah ibn al-Saamit from the Prophet (Peace & Blessings of Allah be upon Him) with the wording:
‘Receive (teaching) from me, receive (teaching) from me. Allah has made another way for those (women).
When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and banishment for one year.
In the case of a married male committing adultery with a married female, they should receive one hundred lashes and be stoned to death.’ Al-Tirmidhi said: This is a sahih Hasan hadeeth.”
Al-Qurtubi, may Allah have mercy on him, said in his tafsir of this ayah:
“This [confinement] was the first punishment for adultery, at the beginning of Islam.
Ibn ‘Abbas and al-Hasan said: Ibn Zayd added:
They would not be allowed to marry, until they died, as a punishment for them when they asked to marry someone else.
This ruling applied for a while, then the Prophet (Peace & Blessings of Allah be upon Him) said, according to the hadeeth narrated by ‘Ubaadah ibn al-Saamit: “Receive (teaching) from me, receive (teaching) from me.
Allah has made another way for those (women). When an unmarried man commits adultery with an unmarried woman, (they should receive) one hundred lashes, and banishment for one year.
In the case of a married male committing adultery with a married female, they should receive one hundred lashes and be stoned to death.”
Some of the scholars said:
The idea of punishment and shame was still there with the lashing because there is no contradiction, and they are applied to one person.
As for confinement, this is abrogated in Quran (4:15), by the consensus of the scholars. And Allah knows best.
To complete the benefit of what has been said, it is appropriate to learn the tafsir (explanation) of the next ayah in Surat al-Nisaa’:
“If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone; for Allah is Oft Returning, Most Merciful.” [al-Nisaa’ 4:16]
Ibn Kathir, may Allah have mercy on him, said in his Tafsir (explanation) of this ayah (verse):
“‘If two men among you are guilty of lewdness’ means two who commit an immoral act, so they should be punished.
Ibn ‘Abbas, may Allah be pleased with him, Sa‘eed ibn Jubayr and others said:
i.e., by putting them to public shame and hitting them with shoes. This was the ruling until Allah abrogated it and replaced it with lashing and stoning.
‘Ikrimah, ‘Ataa’, al-Hasan and ‘Abdullah ibn Kathir said:
‘This was revealed concerning a man and a woman who commit adultery. The phrase ‘if they repent and amend’ means if they give up what they were doing and mend their ways.
‘Leave them alone’ means not to keep rebuking them with ugly words after that, because the one who has repented from his sin is like one who never sinned at all. ‘Allah is Oft Returning, Most Merciful’ –
It was proven in the two Saheehs (Authentic Books such as Bukhari and Muslim) Books):
‘If the slave woman of one of you commits adultery, apply the punishment of lashing, and do not blame her (after that)’ – i.e., do not blame her for what she did after the punishment has been given, because the punishment is an expiation for her deed.’”
How can you reconcile Quranic verses (25:68-69) from Surah Al-Furqan with the above-mentioned verses?
Let us start by quoting the meaning of Noble verses first:
“˹They are˺ those who do not invoke any other god besides Allah, nor take a ˹human˺ life—made sacred by Allah—except with ˹legal˺ right,1 nor commit fornication. And whoever does ˹any of˺ this will face the penalty. Their punishment will be multiplied on the Day of Judgment, and they will remain in it forever, in disgrace. Quran (25:68-69)
The following Question and detailed answer will help in understanding the Quranic Verses from Surah Al-Furqan (25:68-69):
Question:
What is the meaning of Allah’s Saying: “And those who invoke not any other ilâh (god) along with Allâh, nor kill such person 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;” [al-Furqan: 68-69]
Do these Ayahs (Qur’anic verses) mean that a person who commits all of the three mentioned major sins will abide in Hellfire forever or that applies to whoever commits only one of them?
Answer:
These great Ayahs warn against Shirk (associating others with Allah in His Divinity or worship), Qatl (murder), and Zina (sexual intercourse outside marriage). Thus, whoever commits all or any of these major sins is threatened by Allah’s Saying: “…and whoever does this shall receive the punishment.” [al-Furqan: 68]
The punishment is a valley in Hellfire according to one view or, as another opinion states, a grievous torment which is explained by Allah’s Saying: “The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;” [al-Furqan: 69]
At the same time, these three major sins have different degrees.
Shirk is the worst crime and the gravest sin. Whoever commits it will abide eternally in Hellfire and will never be brought out of it. The foregoing is explicitly stated by Allah (Exalted be He) in Surah (Qur’anic chapter) Al-Tawbah:
“It is not for the Mushrikûn (polytheists, idolaters, pagans, disbelievers in the Oneness of Allâh), to maintain the Mosques of Allâh (i.e. to pray and worship Allâh therein, to look after their cleanliness and their building,), while they witness against their own selves of disbelief. The works of such are in vain and in Fire shall they abide.” [al-Tawbah: 17]
“But if they had joined in worship others with Allâh, all that they used to do would have been of no benefit to them.” Quran [al-An’am: 88]
Allah (Glorified and Exalted be He) also says: “And indeed it has been revealed to you (O Muhammad صلى الله عليه وسلم), as it was to those (Allâh’s Messengers) before you: “If you join others in worship with Allâh, (then) surely (all) your deeds will be in vain, and you will certainly be among the losers.” Quran [al-Zumar: 65]
Moreover, He (Exalted be He) tells about Mushriks (people who associate others with Allah in His Divinity or worship): “They will long to get out of the Fire, but never will they get out therefrom; and theirs will be a lasting torment.” Quran [al-Maidah: 37]
There are many other Ayahs that indicate the same meaning.
Accordingly, Muslim scholars are unanimously agreed that a Mushrik (one who associates others with Allah in His Divinity or worship) who dies before making Tawbah (repentance to Allah) will abide eternally in Hellfire and will never be admitted to Jannah (Paradise) or forgiven. Allah (Exalted be He) says:
“Verily, whosoever sets up partners (in worship) with Allâh, then Allâh has forbidden Paradise to him, and the Fire will be his abode. And for the Zâlimûn (polytheists and wrong doers) there are no helpers.” Quran [al-Maidah: 72]
“Verily, Allâh forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” Quran [al-Nisa: 48]
Thus, Allah (Exalted be He) makes His Forgiveness forbidden to Mushriks and declares that all sins other than shirk may or may not be forgiven subject to His Will.
It is worthy to mention that among the types of Shirk that make a person (who had received Da‘wah ‘calling to Islam’ but did not repent before death) liable to abide eternally in Hellfire is to make Du‘a’ (supplication) to any of the deceased prophets, Awliya’ (pious people) or to the angels, Jinn (creatures created from fire), idols, stones, or stars.
Examples of making such Du‘a’s (supplications) are when some people say: “O my Master, I seek your protection, I defend myself by your power, support me, cure the diseased, help! Help! and so on.”
Moreover, vowing or sacrificing for the sake of other than Allah (Exalted be He) is another type of Shirk that makes a person liable to the same punishment for all these are forms of ‘Ibadah (worship) that must not be offered to other than Allah, as He (Glorified and Exalted be He) says: “And your Lord has decreed that you worship none but Him.” Quran [al-Isra: 23]
“And they were commanded not, but that they should worship Allâh, and worship none but Him Alone (abstaining from ascribing partners to Him) and perform As-Salât (Iqâmat-as-Salât) and give Zakât, and that is the right religion.” Quran [al-Bayyinah: 5]
“And the mosques are for Allâh (Alone): so, invoke not anyone along with Allâh.” Quran [al-Jinn: 18]
Moreover, Allah (Exalted be He) teaches in Surah Al-Fatihah: “You (Alone) we worship, and You (Alone)” Quran [al-Fatihah: 5]
we ask for help (for each and everything). There are many other Ayahs to the same effect.
As for the second and third crimes i.e. murder and Zina, they are of less gravity than Shirk as long as their perpetrator does not regard them as being Halal (lawful), but they have been seduced by Satan to commit murder because of hatred or enmity; or to follow their whims and commit Zina while they know that murder – not for a just cause according to Islamic law – and Zina are Haram (prohibited).
The perpetrators of such crimes (major sins) will abide temporarily in Hellfire, unless Allah (Exalted be He) forgives them because of specific good deeds they have done, Tawbah they made before they died, Shafa‘ah (intercession), or the Du‘a’ of other Muslims for them, besides other means for having sins forgiven.
The case of the perpetrators of these two crimes is subject to Allah’s Will and Wisdom. Thus, many people will be punished for their sins, but will then be taken out of Hellfire by virtue of Allah’s Mercy (Glorified be He) either through Shafa‘ah.
Such as the special Shafa‘ah of Prophet Muhammad (peace be upon him) or that of angels, children who died before reaching puberty or believers.
Thus, Allah (Exalted be He) will bring them out of Hellfire by virtue of their Shafa‘ah for them after having spent the period that Allah (Exalted be He) decreed for them there. Nevertheless, a number of believers in Tawhid (belief in the Oneness of Allah) will remain in Hellfire for not deserving Shafa‘ah:
Allah shall bring them out of it just by His Mercy, for having died while believing in Tawhid and having faith in Him. However, they will be punished in Hellfire for their sins and bad deeds and when they are purified, Allah (Exalted be He) will take them out of Hellfire after the expiry of the period that He decreed for them to spend in the Fire.
It is only by the Mercy of Allah (Glorified and Exalted be He) that they will sprout like a seed does in the silt carried by a flood and when they are fully recreated, He (Exalted be He) will admit them to Jannah.
The foregoing is supported by more than one authentic Hadith Mutawatir (a Hadith reported by a significant number of narrators throughout the chain of narration, whose agreement upon a lie is impossible) from the Messenger of Allah (peace be upon him).
Thus, it is clear that a sinner, such as a murderer or an adulterer, will not abide in Hellfire in the same manner as Kafirs (disbelievers) will, but only for a specific period of time that comes to an end, for Allah (Glorified and Exalted be He) says: “…and he will abide therein in disgrace” [al-Furqan: 69] This is only a temporary stay that differs from that of the Mushriks. The same applies to the threat which is given to whoever commits suicide. May Allah protect us.
Source: Majmu’ Fatawa wa Maqalat 5/355, question no. 12
Shaykh Abdul-Aziz ibn Baz
Allah knows Best.