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Conviction and punishment for adultery/fornication in Islam.

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Smart_Guy

...
Premium Member
I agree. And I think the evidence is supportive of your opinion here.

I guess that would depend on to what extent. To educate people of the harm done by adultery? Marriage, children etc. Absolutely. I think the contention (modern times) is when the penalty is bodily harm (lashes) or execution. This is a sensitive subject for sure considering the cultural and religious setting. I try to look at it like this. Could I take a whip to someone guilty of adultery? No I could not. Could I stone to death someone guilty of adultery? No I could not. Banish them from town? maybe. Trying to answer in context. Hopefully not offending.

Very well put, brother.

I forgot to mention that what I said does not mean that people are allowed to go on a spree and take things in their own hands like in some sad events in the past where mobs attacked who they thought caused harm. There is a law and law enforcers to take care of such things.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
Or simply one can just follow simple laws to not bring such punishment upon themselves.
If we're talking about punishment, then we're talking about the situation where people have committed the act.

If you're preparing to torture or murder adulterers, then you should expect resistance. In a reasonable society, people who do that sort of thing are harshly punished themselves.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
I believe adultery/fornication caused, is causing and will keep causing harm to society. Wouldn't that make society have full business in it as it is the concerned victim?

I'm under the impression that because of it thru out history and now many children are experiencing living hell (like children born from prostitutes or those left in orphanages waiting for luck to bring them good foster parents), people lose their heritage not knowing who their fathers are, inheritance lost or stolen because of not knowing who the fathers are, young women impregnated and gave birth to children of whom their fathers ran way and left them in difficult condition, young girls sold into prostitution without their approval according to all of the above...

I think those are good reasons to prohibit adultery/fornication and to have the society have business in it. In your opinion, aren't those good reasons?
Wait - I thought you were only talking about adultery; now you're talking about "fornication". Are you arguing that anyone who has sex outsidr of marriage get lashed?
 

Kirran

Premium Member
Wait - I thought you were only talking about adultery; now you're talking about "fornication". Are you arguing that anyone who has sex outsidr of marriage get lashed?

I'm not sure that there is traditionally a distinction within Islamic legal thought.
 

9-10ths_Penguin

1/10 Subway Stalinist
Premium Member
I'm not sure that there is traditionally a distinction within Islamic legal thought.
I don't really care about tradition; common sense gives us the distinction:

- adultery can be a breach of the trust between spouses (though not always, depending on how broadly we're defining "adultery"). It can be very hurtful, but is a matter for the spouses to deal with between themselves, not for society as a whole to impose punishments.

- "fornication", if we're just talking about consensual sex between unmarried people, hurts nobody. Done properly, it's a positive, healthy thing.
 

Kirran

Premium Member
I don't really care about tradition; common sense gives us the distinction:

- adultery can be a breach of the trust between spouses (though not always, depending on how broadly we're defining "adultery"). It can be very hurtful, but is a matter for the spouses to deal with between themselves, not for society as a whole to impose punishments.

- "fornication", if we're just talking about consensual sex between unmarried people, hurts nobody. Done properly, it's a positive, healthy thing.

I do not disagree. Neither would plenty of Muslims.
 

Smart_Guy

...
Premium Member
If we're talking about punishment, then we're talking about the situation where people have committed the act.

If you're preparing to torture or murder adulterers, then you should expect resistance. In a reasonable society, people who do that sort of thing are harshly punished themselves.

As it is mentioned in the OP, I'm talking about many requirements and details, not just committing the act or exact punishment. These two are only parts of it. I know the thread is big, but please consider all the details. If you did, then I apologize and I take it back.

Please also consider that besides the above, the topic does not mean that people are to be picked up from the streets at random or for simple accusation and get punished. Things follow strict rules and regulations. And it all starts with clarifying and educating, then the decision to break the law followed with action. We're also not talking about stealing food to survive, for example, we're talking about a perfectly possible act to not get along with. It is not like sex is forbidden in itself here too.

Wait - I thought you were only talking about adultery; now you're talking about "fornication". Are you arguing that anyone who has sex outsidr of marriage get lashed?

Further to the explanation above about all the details mentioned in the OP, the title says adultery/fornication, and it is clarified in the OP and in other posts how those are defined for this thread. It is explained that it only counts if the male genitalia glans penetrates a female genitalia. Otherwise, among other possibilities too, we can completely forget about any punishment related to the subject.
 
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YmirGF

Bodhisattva in Recovery
I believe adultery/fornication caused, is causing and will keep causing harm to society. Wouldn't that make society have full business in it as it is the concerned victim?

I'm under the impression that because of it thru out history and now many children are experiencing living hell (like children born from prostitutes or those left in orphanages waiting for luck to bring them good foster parents), people lose their heritage not knowing who their fathers are, inheritance lost or stolen because of not knowing who the fathers are, young women impregnated and gave birth to children of whom their fathers ran way and left them in difficult condition, young girls sold into prostitution without their approval according to all of the above...

I think those are good reasons to prohibit adultery/fornication and to have the society have business in it. In your opinion, aren't those good reasons?
No. In fact, you're grasping at straws. I think we need to be protected from that kind of thinking if you want to be perfectly honest.
 

LuisDantas

Aura of atheification
Premium Member
Let's just say that everything you said isn't really helping or addressing the crises I mentioned. The crises I mentioned are still there and your points don't change that. Which is more important, absolute freedom causing the crises I mentioned, or a moderated freedom to get rid of those crises?

It is interesting that you see fit to frame things in such a way. Such a perspective is very foreign to me, and does not sound at first glance all that accurate or even realistic.

It also over-values the rule of law to an extent that I don't know that would find defensable.

I personally am with sacrificing my freedom to have sex with tens of women at random for the sake of not giving a living hell to a child. The two involved in absolute freedom of sex could be okay with what they could bring upon them selves (STD, unwanted pregnancy, etc.), but the many children who came to this life because of it and faced hell are innocent and don't deserve it. Things do go safe sometimes, I know, but in so many different cases the crises I mentioned are caused by it. In my opinion, a community is one that cares for all of its members too, not one that cares just for the individuals.

So, I take it that you think that strict regulation of sex lives by some sort of rule or law would help there?

Your wording seems to imply that, although that is not at all a logical jump for one to make.
 

Smart_Guy

...
Premium Member
No. In fact, you're grasping at straws. I think we need to be protected from that kind of thinking if you want to be perfectly honest.

I see. I know this is a delicate and controversial topic to discuss, and I apologize if it caused you any discomfort. Thank you for sharing your view.
 

Smart_Guy

...
Premium Member
It is interesting that you see fit to frame things in such a way. Such a perspective is very foreign to me, and does not sound at first glance all that accurate or even realistic.

It also over-values the rule of law to an extent that I don't know that would find defensable.

And I respect that. Please forgive my imposing, but perhaps if you have a look at the crises I mentioned, test their truth in real life, then try to answer those two questions, you could understand my point?

No worries, it's quiet understandable. People live in their communities long enough to see othe communities alien to them. Even I share this same feelings with what your saying. But as I said, I respect them.

So, I take it that you think that strict regulation of sex lives by some sort of rule or law would help there?

Your wording seems to imply that, although that is not at all a logical jump for one to make.

No, I'm saying to just have moderation in sex life. As I said before, and further to the strict requirements to even apply anything against any sex practices, sex is not really forbidden in itself not looked down at. I also clarified that there are other innocent souls get involved in the aftermath, and those are children who have absolutely no fault in it. And those involved children are found as a fact, not a hypothesis.
 

Baroodi

Active Member
Only whipping was mentioned in Quran as punishment in Surat Alnoor. Al- Bukharin mentioned that prophet Muhammed stoned Maizz and the Gamidiyaha but said: we do not know he did it before or after Surat Alnoor, he casted then doubt about it and this should cancel it. Other evidence as someone put it is that if a slave woman committed adultery she should receive half of the punishment. There is no half of stoning so the punishment meant is the whipping. Another similar evidence from Quran if any of the prophet wife's commited it (exalted they are from doing this) their punishment is to get it in double. How stoning can be doubled?
 

The Emperor of Mankind

Currently the galaxy's spookiest paraplegic
Or simply one can just follow simple laws to not bring such punishment upon themselves.

Which is exactly how tyrants who apply the law through violent punishments want you to think. Don't misunderstand me - I get it: you want to avoid trouble and harm being inflicted on you and your family where possible. But sometimes that harm is inflicted as punishment for momentary mistakes or for trying to find a way out of a situation where you might feel trapped. That's not justice - that's cruelty.
 

The Emperor of Mankind

Currently the galaxy's spookiest paraplegic
Only whipping was mentioned in Quran as punishment in Surat Alnoor. Al- Bukharin mentioned that prophet Muhammed stoned Maizz and the Gamidiyaha but said: we do not know he did it before or after Surat Alnoor, he casted then doubt about it and this should cancel it.

Hold on a second. Are you telling us Muhammad had someone stoned for adultery despite it not being certain that he had adulterated?


Other evidence as someone put it is that if a slave woman committed adultery she should receive half of the punishment. There is no half of stoning so the punishment meant is the whipping.

Is it still adultery if a female slave is forced by her owner? Would the punishments apply in that situation?
 

LuisDantas

Aura of atheification
Premium Member
And I respect that. Please forgive my imposing, but perhaps if you have a look at the crises I mentioned, test their truth in real life, then try to answer those two questions, you could understand my point?

I think I did that already, but I guess my perspective is much too foreign to you as well, and that may not have come across very clearly. So let's try again, please.

I take that you mean post #15, this one?

I believe adultery/fornication caused, is causing and will keep causing harm to society. Wouldn't that make society have full business in it as it is the concerned victim?
Sure.

It does not mean that forbidding it somehow would be a good measure to take, however. Forbiddance is not a good tool for moral improvement, and certainly not for making people behave better sexually.

I'm under the impression that because of it thru out history and now many children are experiencing living hell (like children born from prostitutes or those left in orphanages waiting for luck to bring them good foster parents), people lose their heritage not knowing who their fathers are, inheritance lost or stolen because of not knowing who the fathers are, young women impregnated and gave birth to children of whom their fathers ran way and left them in difficult condition, young girls sold into prostitution without their approval according to all of the above...

While there are various degrees of truth in all of those, and I know or at least sincerely believe that Islaamic societies are big on teaching and encouraging people to keep traditional, uncomplicated families, I still think you are neglecting a lot of very significant factors there.

One of those is that having known, married parents that are openly and lawfully responsible for one is hardly the assurance of social health that you seem to expect it to be. I know a thing or two firsthand about those matters and I feel very safe in telling you that things just don't happen that way.

It may well be that sexual and family life are simply too difficult to predict and control.

I think those are good reasons to prohibit adultery/fornication and to have the society have business in it. In your opinion, aren't those good reasons?

Those are definitely very good reasons to address adultery and fornication in a sober, responsible way.

It just turns out that attempts at forbidding them by law are not very helpful at all. I am not sure they are not actively harmful, even.

No worries, it's quiet understandable. People live in their communities long enough to see othe communities alien to them. Even I share this same feelings with what your saying. But as I said, I respect them.

You're quite the superhuman. I often find myself worried about hurting your feelings. I sure would not know how to help in healing them.


No, I'm saying to just have moderation in sex life. As I said before, and further to the strict requirements to even apply anything against any sex practices, sex is not really forbidden in itself not looked down at. I also clarified that there are other innocent souls get involved in the aftermath, and those are children who have absolutely no fault in it. And those involved children are found as a fact, not a hypothesis.

You are not wrong, of course. But I still find myself somewhat disagreeing. Moderation is, if not necessarily a good thing, at the very least defensable and (usually) safe.

Still, we must learn to deal with the plain fact that not everyone quite capable and willing to exert such moderation.
 

The Emperor of Mankind

Currently the galaxy's spookiest paraplegic
I believe adultery/fornication caused, is causing and will keep causing harm to society. Wouldn't that make society have full business in it as it is the concerned victim?

I'm under the impression that because of it thru out history and now many children are experiencing living hell (like children born from prostitutes or those left in orphanages waiting for luck to bring them good foster parents), people lose their heritage not knowing who their fathers are, inheritance lost or stolen because of not knowing who the fathers are, young women impregnated and gave birth to children of whom their fathers ran way and left them in difficult condition, young girls sold into prostitution without their approval according to all of the above...

I think those are good reasons to prohibit adultery/fornication and to have the society have business in it. In your opinion, aren't those good reasons?

I have a question for you: how many times in history have laws preventing adultery or fornication ever actually worked? And by that I mean ridding a society completely of the problems you mention in paragraph two.
 

Smart_Guy

...
Premium Member
Which is exactly how tyrants who apply the law through violent punishments want you to think. Don't misunderstand me - I get it: you want to avoid trouble and harm being inflicted on you and your family where possible. But sometimes that harm is inflicted as punishment for momentary mistakes or for trying to find a way out of a situation where you might feel trapped. That's not justice - that's cruelty.

I think there is a little misunderstanding here. Momentary mistakes and trying to find a way out of a situation where one might feel trapped are controversial and covered up. It is mentioned that only those strictly included in all the requirements are included in the verdict. Any hair of contradiction/doubt and the punishment is completely out of the question. Following the requirements and details in the OP, momentary mistakes are ruled out, and trying to find a way out of trouble is a necessity, and those under necessity are excused.

You're probably speaking in general, not about adultery/fornication? If so, then I kinda agree with you. No one should be punished for stealing (which is forbidden) food if they are hungry and can't find something to eat, for example (they don't in Islam).

Note:
There is a specific definition of adultery/fornication in the OP.
 

The Emperor of Mankind

Currently the galaxy's spookiest paraplegic
I think there is a little misunderstanding here. Momentary mistakes and trying to find a way out of a situation where one might feel trapped are controversial and covered up. It is mentioned that only those strictly included in all the requirements are included in the verdict. Any hair of contradiction/doubt and the punishment is completely out of the question. Following the requirements and details in the OP, momentary mistakes are ruled out, and trying to find a way out of trouble is a necessity, and those under necessity are excused.

You're probably speaking in general, not about adultery/fornication? If so, then I kinda agree with you. No one should be punished for stealing (which is forbidden) food if they are hungry and can't find something to eat, for example (they don't in Islam).

Note:
There is a specific definition of adultery/fornication in the OP.

I actually was speaking about adultery & fornication but thanks for the extended explanation.
 

Smart_Guy

...
Premium Member
I think I did that already, but I guess my perspective is much too foreign to you as well, and that may not have come across very clearly. So let's try again, please.

I take that you mean post #15, this one?

Sure.

It does not mean that forbidding it somehow would be a good measure to take, however. Forbiddance is not a good tool for moral improvement, and certainly not for making people behave better sexually.

While there are various degrees of truth in all of those, and I know or at least sincerely believe that Islaamic societies are big on teaching and encouraging people to keep traditional, uncomplicated families, I still think you are neglecting a lot of very significant factors there.

One of those is that having known, married parents that are openly and lawfully responsible for one is hardly the assurance of social health that you seem to expect it to be. I know a thing or two firsthand about those matters and I feel very safe in telling you that things just don't happen that way.

It may well be that sexual and family life are simply too difficult to predict and control.

Those are definitely very good reasons to address adultery and fornication in a sober, responsible way.

It just turns out that attempts at forbidding them by law are not very helpful at all. I am not sure they are not actively harmful, even.

You're quite the superhuman. I often find myself worried about hurting your feelings. I sure would not know how to help in healing them.

You are not wrong, of course. But I still find myself somewhat disagreeing. Moderation is, if not necessarily a good thing, at the very least defensable and (usually) safe.

Still, we must learn to deal with the plain fact that not everyone quite capable and willing to exert such moderation.

Good post!

No worries about hurting my feelings. I'm used to it :(

No really, it's okay. Even tho the above is true (but said light heartedly as a joke), now that you say it this way, I'm sure any thing you say that could seem hurtful, is not intended. Thank you for that important clarification.
 
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