Tuesday, 14 February 2012

PENALTY FOR FORNICATORS

By
Ustadz Kholid Syamhudi

Can not be declined, making the Shari'ah of Islam will cause to bad repercussions on the planet and the hereafter. The Muslims away from their spiritual lessons, producing them to reduce the wonder and the wonder. Among the lessons of Islam are discontinued and overlooked by the Muslims is the charges for infidelity (zina-Hadduz). A very efficient supply removing or decreasing the issue of infidelity. When the charges is not integrated, then it will have an effect or results for people and cultures.

Realities of these days should be enough to be a tutorial for us to comprehend the negative results of this.

Looking at this actuality, it is necessary to tell anyone of the Muslims against this phrase. May Allah Almighty give understanding and enhance their thinking in the wonder and great thing about Islamic Shari'ah.

DEFINITION infidelity.
The phrase infidelity has been joined in the Indonesian terminology, but to comprehend sharia law on this concern we need to come back it to the comprehension according to the Persia terminology and shariah to be fit and appropriate.

In Persia, taken from the phrase adultery: زنى يزني زنى, which indicates do fajir وزناء (insult). [1]

While the phrase Shari'ah infidelity is lovemaking (jima ') in genital without lawful wedding, possession of slaves and not as well as unlikely. [2]

Ibn Rushd rahimahullah states: Adultery is any lovemaking (jima ') outside a real wedding and not to the wedding unlikely and servant possession. (Definition) is usually decided by college students of Islam, although they still don't agree about who can circumvent unlikely penalty or not? [3]

Adultery law
Fornication is unacceptable in Islamic Shari'ah, with a significant sin, using the following arguments:

A. Concept of Allah Subhanahu wa Ta'alal: "Come not nigh to fornication; proven reality that infidelity is a heinous act. And an wicked way". [Al-Isrâ/17: 32]

2. Concept of Allah Subhanahu wa Ta'ala: "And those who do not praise other gods with Allah and do not get rid of the center God has unacceptable (to kill) unless the (reason) is real, and do not create infidelity, those who do so that, had the he gets (vengeance) sin (it), (namely) the charges will be bending for him on the Day of Resurrection and he will be for a lengthy time in pain, in a condition of embarrassment ". [Al-Furqân/25: 68-69]

In the hadith, the Prophet also prohibit infidelity as study from Abdullah bin Mas'ud Allaah 'anhu, he sallallaahu' alaihi wa sallam said:

سألت رسول الله: أي الذنب أعظم?, قال: أن تجعل لله ندا وهو خلقك, قلت: ثم أي? قال: أن تقتل ولدك خشية أن يطعم معك, قلت: ثم أي? قال: أن تزاني حليلة جارك

"I have requested the Prophet sallallaahu 'alaihi wa sallam: Sin is the greatest? He replied: You create a competing or an best friend of Allah, and Allah Almighty has designed you. I ask again:" Then what? "He replied: Eliminating son for fear he will eat with you. "I ask again: Then what? He sallallaahu 'alaihi wa sallam said again: You dedicated infidelity with the spouse of thy neighbor". [4.5]

Since the first until now, the Muslims acknowledge that fornication was Haran. Imam Ahmad bin Hambal rahimahullaht said: I do not know there is a higher sin than infidelity (in inclusion to) the killing. [6]

FORNICATORS SENTENCE.
There is infidelity wed position (al-Muhshân) and some are not wed (al-bikr). Both have different charges.

Beginning of the Islamic charges of adulterers confinement for those who are wed and severe conditions and insults to the individual adulterers (al-bikr). Allah Almighty says: "And (against) the females who do heinous actions, take the proof of four witnesses between you (the witness). Then when they had given declaration, then cure them (the women) in the home until they approved away, or until God offered him another way. And the two people who dedicated heinous among you, give charges to them, then if they bum out over and strengthen, then let them. Verily Allah is Oft-repentance, the Most Thoughtful ". [An-Nisa '/ 4:15-16]

Then the penalty was changed by stoning (stoned) for those who are wed (al-Muhshân) and whipped a number of periods for just one (al-bikr) and plus one season exile.

a. Adulterer al-Muhshân
Who never wed adulterers (al-Muhshân) tried by stoning (thrown with stones) to loss of life. These charges are according to al-Qur `an, the hadith mutawatir and ijma 'of the Muslims [7]. Sentence reporting the charges of stoning in the Qur `an al-though the law has been eliminated lafadznya but still maintain position. Khatthab Allaah ibn 'Umar' anh described in khuthbahnya:

إن الله أنزل على نبيه القرآن وكان فيما أنزل عليه آية الرجم فقرأناها ووعيناها وعقلناها ورجم رسول الله صلى الله عليه وسلم ورجمنا بعده و أخشى إن طال بالناس زمان أن يقولوا: لا نجد الرجم في كتاب الله فيضلوا بترك فريضة أنزلها الله و إن الرجم حق ثابت في كتاب الله على من زنا إذا أحصن إذا قامت البينة أو كان الحبل أو الإعتراف.

"Verily Allah has sent down al-Qur` an to His Prophet and among which was unveiled to him the passage Rajam. We have study, comprehend and know the passage. The Prophet sallallaahu 'alaihi wa sallam has done the stoning and we also have to apply after him. I fear if plenty of the lengthy approved, there will be people who say: "We did not get the charges of stoning in the Publication of Allah!" so that they are misdirected because the responsibility to depart Allah Almighty has sent down. It (punishment) of stoning is appropriate and is in it of God to those who create infidelity if they have already been wed (al-Muhshân), when it has been that can pesaksian or having a baby or admission alone ". [8]

It is a testimony of the Caliph Umar ibn al-Khatthab Allaah 'anhu onstage Prophet sallallaahu' alaihi wa sallam which was joined by the associates as well no one would reject it [9]. While lafadz passage of stoning was study in Sunan Ibn Majah berbuny:

والشيخ والشيخة إذا زنيا فارجموهما البته نكلا من الله و الله عزيز حكيم

"Sheikh men and ladies when they create infidelity then rajamlah both as a response from Allah Subhanahu wa Ta'ala and Allah is Awesome, Prudent [10].

While the groundwork stoning from the Sunnah, then there is a record of the Prophet sallallaahu mutawatir 'alaihi wa sallam both word and title saying that he sallallaahu' alaihi wa sallam was stoning adulterers to al-Muhshân (ats-Tsaib al-Zani) [11 ]

Ibn al-Mundhir rahimahullah said: The college students have berijma '(agree) that people are tried by stoning, regularly high to loss of life. [12]

Ibn Qudama rahimahullah states: The responsibility to diamond adulterers al-muhshân either man or woman is the opinions of all the college students from among the partners, tabi'in and college students across the nation after their Islam, and we are not conscious of any error (a change of viewpoint among the scholars) except the Kharijites [13].

Nevertheless, the stoning is still declined by those Kharijites and some contemporary college students when they had no confirmation and just adhere to the interests and careless menyelisihi syar'i justifications and agreement of the Muslims. Musta'an Allaah.

Specifically arranged for stoning adulterers al-muhshân (who is wed with a legitimate-red) because he is wed and knows how to keep the recognition of the genital are haram and he does not need a member that was unacceptable. Also he himself can secure themselves from the risk of charges of infidelity. Thus, udzurnya (excuse the appropriate Individuality ') easy from every side. and he has the best satisfaction. Those who have gained the satisfaction sempuna (then still a lawful act), the lawful offense (jinayahnya) more dubious, so he is eligible to an extra charges [15].

Conditions of al-Muhshân.
Stoning is not necessary unless the individual is charged, al-Muhshân. From above information it can be determined that a charged as an al-Muhshaan if it satisfies the following criteria:

A. Never do jima '(sexual contact) immediately on the genital. Thus, people who have done aqad wedding but has not done jima ', has not been regarded as al-Muhshân.
2. Sex-related sexual activity (jima ') is done according to legitimate wedding or possession of slaves was not adulterous relationship
3. Her wedding is a genuine wedding.
4. Adultery was a baligh and comprehension.
5. Adultery is not no cost slaves.

Thus an al-Muhshân said, if the above demands are met. [16]

b. The adulterer is not al-Muhshân
Fornication characters who do not are eligible of al-muhshân, then the charges would be whipped a number of periods. It was the agreement of the college students on the phrase of Allah Subhanahu wa Ta'ala:

"The lady who dedicated infidelity and the man who dedicated infidelity, then deralah (cambuklah) each one of them a number of periods flagellation (whipping)". [An-Nûr/24: 2]

Al-Wazir rahimahullah states: "The college students acknowledge that partners who have not al-muhshân and no cost (not slave-red), if they create infidelity then they whipped (stripes), each one a number of periods.

Death penalty (by stoning-red) commuted to flogging for them because there udzur (reason syar'i-red) so that the our system was still managed. They designed a obstruction to harm all over his body with a beat. Then as well as the exiled for a season in the viewpoint of the rajah, using the conditions of the Prophet sallallaahu 'alaihi wa sallam:

خذوا عني, خذوا عني, قد جعل الله لهن سبيلا, البكر بالبكر جلد مائة وتغريب عام.

"Take it from me, take me! Indeed Allah has created for those roadways, which have not topic al-muhshaan number of lines and exile a season." [Reported by Muslim].

Shaykh al-Islam Ibn Taymiyyah may Allaah have whim stated: "If not muhshân, then whipped a number of periods, according to al-Qur` an and Sunnah was exiled a season on the groundwork the Prophet sallallaahu 'alaihi wa sallam. [17].

FORNICATORS of Specialty SENTENCE.
Allah Subhanahu wa Ta'ala offer you three unique features for the charges of adultery:
A. Harsh charges, the stoning to al-Muhshân and it is the most horrible loss of life and sickness throughout the whole body. Also eyelash for those who have not al-muhshân a charges against the system is as well as the discomfort of exile.
2. People do not have the center and the unacceptable experience sorry for adulterers
3. Allah requested the performance was joined by a number of followers. This is for the advantage of more charges and a obstruction.
This was communicated by Allah Subhanahu wa Ta'ala in His Word: "The lady who dedicated infidelity and the man who dedicated infidelity, then deralah each one of them a number of periods the lines, and let not waste for both avoiding you to (run) the thinking of Allah, if ye believe in Allah, and the day of the last community, and let (implementation) their charges be experienced by a people who believe "[an-Nûr/24: 2]

APPLICATION OF TERMS OF PUNISHMENT infidelity.
In the use of the charges of infidelity necessary the following conditions:
A. The reason was a mukallaf already baligh and affordable (not crazy).
2. Criminals do without any coercion.
3. Criminals know that infidelity is unacceptable, although not yet know his phrase. [18]
4. Jima '(sexual intercourse) happens on the genitals.
5. The lack unlikely. The charges of infidelity is not compulsory if there is still unlikely as menzinahi lady he believed his spouse or have lovemaking because the wedding is regarded genuine mirror or raped and so on.
Ibn al-Mundhir rahimahullah states: "All the college students that I have commited to memory their understanding of berijma '(agree) that had (punishment) is eliminated because the unlikely." [19]
6. Zina's really established he's doing. The confirmation is in two situations the college students decided that:

6.1. Confessions of infidelity that mukallaf clearly and did not revoke his admission until the phrase be done.
6.2. Testimony of four witnesses who saw the occurrence instantly, as described in the phrase of Allah Subhanahu wa Ta'ala:

"Why did they (the accused's) do not carry four witnesses to confirm it." [An-Nûr/24: 13]

"And those who accuse females of high quality (commit adultery), and they do not carry four witnesses who ....." [An-Nûr/24: 4]

Testimony given by witnesses will be acknowledged its credibility, when it has satisfied the demands as follows:

a. They believed at a majlis
b. They admit to the occurrence of infidelity alone
c. Adultery tell it clearly and definitely that can remove the opportunity of another or cause another decryption as just doing elements outside jima '.
d. The experience was a man of fair
e. Nothing is avoiding their perspective as shades or other.

If these circumstances are not ideal, then the witnesses accuser tried with infidelity. Allah Subhanahu wa Ta'ala says: "And those who accuse females of high quality (commit adultery), and they do not carry four witnesses, then deralah they (the accused's) 80 lines, and Do not take keksaksian they create for a lengthy time. And they are the ones who cool dude "[an-Nûr/24: 4]

Determination of fornication and canceling using the declaration and experience to the acknowledgement of the characters described above, have been approved by the college students. And the college students still don't agree about having a baby outside of wedding. Can this be used as some period for developing that there has been fornication or infidelity has been dedicated so eligible to sanctions?

The college students fight into two opinions:
First: the viewpoint jumhur Hanafiyah colleges, Syafi'iyah and Hanbaleeyyah (Hanabilah) declares that adulterers charges is not created or integrated except by admission and declaration alone.

Second: The opinions indicated Malikiyah colleges adulterer penalty can be created with an indicator of having a baby.

Rajih of the two opinions above are those of the colleges Malikiyah as Shaykh al-Islam Ibn Taymiyyah dirajihkan rahimahullah. Rahimahulllah He described that a lady discovered guilty of infidelity with charges if discovered expecting in the condition has no partner, no sir (if he is a slave-red) and not believed a unlikely in having a baby. [20]

Rahimahullah He also stated: "This is study from the Khilafat Rashidun and it is more suitable to the topic of Siwak shari'ah. [21]

His undertaking Malikiyah rahimahullah and also colleges are claims Khatthab Allaah ibn 'Umar' anhu in his sermon:

و إن الرجم حق ثابت في كتاب الله على من زنا إذا أحصن إذا قامت البينة أو كان الحبل أو الإعتراف.

"It's stoning is appropriate and there in it of Allah is on those who create infidelity when it has never been wed (al-Muhshaan), when up to her declaration, or having a baby or admission itself" [22].

It is obvious from the declaration of Umar bin al-Khatthab Allaah 'anhu above that he created the having a baby as an indicator of infidelity, and no one who would reject sahabatpun time.

Ibn Hajar al-Hafidz rahimahullah thoughts record Umar 'anhu above by stating: (In the above declaration of Umar) there is a declaration that if discovered in a lady expecting without a partner and did not have a expert, then it must be upheld unless the infidelity penalty guaranteed a information Another of her having a baby or due to being raped. [23]

So, hopefully useful.

References:
A. Hâsyiyah ar-Raudh al-murbi 'Sharh Zad al-Mustaqni', Sheikh Abdurrahman bin Mohammad bin Qasim, conforms to the season 1417 H-6 without a manager.
2. al-al-Fiqhiy Mulakhash, Sheikh Salih bin Ali Fauzan Fauzan, first produced in 1422 H, Ri'asah Idaarah Buhuts al-al-'wa al-Ifta Ilmiyah'.
3. Al-Mughni, Imam Ibn Qudama, Confirmation Abdulmuhsin bin Abdullah at-Turki, a second publishing in 1413H, manager of Black
4. Bag-hîlul Ilmâm bi-Min Bulûgh Fiqhi Lil ahadith al-Marâm, Sheikh Salih bin Ali Fauzan Fauzan, first produced in 1427 H. without the manager.
5. Syarhu al-Mumti '' Ala Zad al-Mustaqni ', Shaykh Muhammad ibn Saalih al-Uthaymeen, first produced in 1427 H, Dar Ibn al-Jawzi.
6. Fiqhi Taisîr al-al-Jami 'al-fiqhiyah Li Ikhtiyârât Lisyaikh al-Islam Ibn Taymiyyah, DR. Ahmad Muwâfi first produced in 1416 H, Dar Ibn al-Jawzi.
7. Fathul Bari etc..

[Copied from As-Sunnah journal XII/1430H/2009 10/Tahun Version. Foundation released Lajnah Istiqomah Surakarta, Jl. Single - Single Gondangrejo Purwodadi Km.8 Selokaton 57 183 Tel. 0271-761016]
________
Footnotes
[1]. al Muhîth
[2]. Hâsyiayah ar-Raudh al-murbi '7/312
[3]. Bidayah al-Mujtahid 2/529 and see ar-Raudh al-Murbi 'Sharh Zad al-Mustaqni' 7/312 and al-Fiqh al-Mulakhash it. 528
[4]. Bukhari in it al-Adab, Part Qatlul-Yata-Walad Khasy ayya `kula ma'ahu 10/33 and Islamic in it of al-Iimân 2/80.
[5]. See more book of al-Mughni 12/308
[6]. ar-Raudh al-Murbi '7/312
[7]. See Tashîlul Ilmâm Bi-Min Bulûgh Fiqhi Lil ahadith al-Marâm, Salih al-Fauzan 5/230
[8]. Bukhari in it of al-Hudud, Bab al-biz-adultery I'tirâf 1829 and Muslims in it of al-Hudud no. 1691.
[9]. Shaykh Ibn Uthaymeen from the declaration in al-Mumti Syarhu '14/229.
[10]. HR Ibn Majah al-Hudud book chapter ar-Rajmu and regarded as saheeh al-Albaani in Saheeh Sunan Ibn Majah 2/81
[11]. Bag-hîlul Ilmâm bi-Min Bulûgh Fiqhi Lil ahadith al-Marâm, Shaykh Salih al-Fauzan 5/230.
[12]. Offered from al-Mughni 12/310.
[13]. Al-Mughni 12/309 ..
[14]. Excerpts from the ar-Raudh al-Murbi '7/312.
[15]. Excerpts from the al-al-Fiqhi Mulakhas 2/529.
[16]. See the information of the college students on this topic in al-Mughni 12/314-318.
[17]. Majmû 'Fatawa 28/333 quoted from al-Fiqhi Taisîr al-Jami' al-fiqhiyah Li Ikhtiyârât Lisyaikhil Islam Ibn Taymiyyah, DR. Ahmad Muwâfi 3/1445.
[18]. Syarhu al-Mumti '14/207-210
[19]. al-al-Fiqhiy Mulakhas, 530-531
[20]. See Majmu 'Fatawa 28/334
[21]. ibid
[22]. HR al-Bukhaari in al-Hudud book, Bab al-biz-Zinaa I'tiraf 1829 and Muslims in it of al-Hudud no. 1691.
[23]. Fathu al-Baari 12/160

No comments:

Post a Comment