COMMENTARY OF SURA AN NUR
COMMENTARY OF SURA AN NUR
Sura An Nur was revealed in Madina and it comprises of 64 verses. It contains many laws of the sacred Shariah, regarding ethics, etiquettes, laws of punishment, laws of dressing and rules pertaining to the right conduct between the sexes. In general, the Sura explains the conduct and behaviour which Muslims are required to follow in their private and public lives. It also gives some of the ‘penalties’ which are known to be punishable offences in the Shariah and highlights the proper conduct for the preservation of modesty and chastity in an individual.
The Sura has been named with the word ‘An Nur’ (which means ‘the light’) since all the teachings which have been given in the Sura form part of the light which Allah has sent to His servants. This word occurs in verse 35 of this Sura and has been mentioned five times in the verse.
SYNOPSIS OF SURA AN NUR
The Sura begins with an emphasis being placed on the fact that this Sura has been revealed by Allah, and it contains many laws and commandments which the believers must follow. The verse states:
سُورَةٌ أَنْزَلْنَاهَا وَفَرَضْنَاهَا وَأَنْزَلْنَا فِيهَا آيَاتٍ بَيِّنَاتٍ لَعَلَّكُمْ تَذَكَّرُونَ
- (This is) a Surah (chapter of the Qur’an) which We have sent down and which We have enjoined, (ordained its legal laws) and in it We have revealed manifest signs that you may remember.
Here, although all the other chapters of the Holy Quran have been revealed by Allah, special mention has been made in this Surah about its revelation being from Allah because of its greatness and importance among all other chapters. Allah says, ‘Which We have enjoined’, this means that the laws and commandments which are revealed in the Surah have been enjoined upon all believers. Allah further mentions that in the Sura, He has also revealed other clear and manifest laws which are fully explained so that believers may take heed and remember them. They are also required to appreciate these laws and practice upon them.
Having outlined (in the first verse) that He has sent down this Surah which contains many laws, Allah now mentions in verse 2, the law regarding ‘Zina’ (fornication and adultery). He says:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ ۖ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۖ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنَ الْمُؤْمِنِينَ
- The woman and the man guilty of illegal sexual intercourse, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment.
From among the laws which are mentioned in Sura An Nur, the first is that of ‘the law of zina’. This is due to the fact that of all sins, this is one of the gravest which brings about a great amount of wrongdoings.
Zina (fornication and adultery) is one of those punishable offences, whose punishment has been fixed by Allah Himself and has not been left to an Islamic state.
According to the Holy Quraan, the punishment regarding zina has been revealed gradually, from being a light form of punishment to a more severe one. The first law regarding it was revealed in verses 15 and 16 of Sura An Nisa which stated, ‘And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from amongst you against them. And if they testify, confine them to houses until death comes to them or Allah ordains for them some (other way)’.
‘And the two persons (man and woman) among you, who commit illegal sexual intercourse, hurt them both. And if they repent and do righteous deeds, leave them alone. Surely, Allah is All Forgiving, Most Merciful. (Sura An Nisa, Verses 15, 16),
From these verses, it was established that in the matter of dealing with those who committed zina, it was necessary to:-
- Establish it through the testimonies (witnesses) of four males.
- Confine the woman in a house.
- Inflict a punishment upon the man and woman (who committed the offence) so as to hurt them.
Along with these, it was also clearly stated that this was not the final law of zina, in fact, other laws would be revealed about it (as it is mentioned in the verse (15), ‘or Allah ordains for them some (other) way’).
In the above verses of Sura An Nisa, although it was mentioned that both persons should be harmed, it was made specific as to what harm should be inflicted. This was left to the discretion of the Islamic authority to implement what he sees fit. This form of punishment continued for some time, until the verses of Sura An Nur were revealed, bringing about new laws concerning Zina. With these verses, the previous laws were abrogated and the new punishment was that of flogging each offender with a hundred stripes (as mentioned in verse 2 of Sura An Nur).
Regarding this new law, Abdullah bin Abbas (May Allah be pleased with him) said, ‘the revelation of these verses of Sura An Nur is a fulfillment of the promise which Allah made in Sura An Nisa that He will ordain another way’. In addition, he (Abdullah bin Abbas (May Allah be pleased with him)) said, ‘the path which Allah now ordained is that there is stoning to death for an adulterer and there is the flogging of one hundred stripes for the fornicator.
Based on the above statement of Abdullah bin Abbas (May Allah be pleased with him), it is understood that the punishment defined in verse 2 of Sura An Nur refers to that which must be given to an unmarried man and woman who have been found guilty of illicit sexual relationship. As for the married man and woman who have been found guilty of this offence, their punishment is that of being stoned to death. This is the decree of the Shariah and is the unanimous decision of all Sahabahs (companions)and the other scholars of the succeeding generation.
With respect to the punishment of death for the adulterer, this is evident from many authentic traditions. In one hadith, Ubadah bin Saamit (May Allah be pleased with him) narrates that the Prophet (ﷺ) said, ‘Accept from me! Accept from me! Allah has ordained a path for the fornicator. As for the unmarried offender, the punishment is that of one hundred stripes and banishment from the land for one year. For the married offender, the punishment is one hundred stripes and stoning to death’. (Sahih Muslim, Book of legal Punishment, Chapter on the (Hadd) punishment for Zina).
With respect to the one year’s exile from the land which has been highlighted in the above tradition, many jurists including Imam Abu Hanifa (May Allah have mercy him) have stated that this is not on the same level and degree of issuing one hundred stripes (as mentioned in the Quraan). Instead, it is left to the discretion of the Qazi or Islamic authority to implement it if the need arises.
Another ruling which has been highlighted in the above tradition is that the married offender should be given one hundred stripes along with being stoned to death. According to many Sahabahs including the four khalifas and other great jurists, both punishments will not be given. Instead, only the punishment of stoning to death will be implemented upon such people as it is evident in many traditions that the Prophet (ﷺ) himself decreed only stoning to death for those who were married.
Imams Bukhari and Muslim have also narrated the sermon of Umar (May Allah be pleased with him) regarding the law of stoning to death for an adulterer. Imam Muslim has quoted this sermon from Abdullah bin Abbass (May Allah be pleased with him) in the following words:-
‘Umar bin Khattab (May Allah be pleased with him) while sitting on the mimbar (pulpit)of the messenger of Allah (ﷺ) said, ‘Verily, Allah sent Muhammad (ﷺ) with the truth and He revealed the Book to him. From that which Allah revealed to him was the verse of ‘stoning to death’.
‘We read it, we learnt it and we understood it. The Messenger of Allah (ﷺ) stoned (the offenders) and we also did it after him’.
‘I fear that due to the passing of time that one may say, ‘We do not find stoning to death in the book of Allah’. Due to this, he will become misguided by leaving off a duty which Allah has revealed’.
‘Certainly, the law of stoning is a truth in the book of Allah upon that person who commits zina and is married, from men and women. This takes place when the evidence is established through testimony, when there is pregnancy or where there is a confession’. (Sahih Al Bukhari, Book – Limits and punishment set by Allah, Chapter – To confess the guilt of illegal sexual intercourse).
The evidence required in cases of zina is the oral testimony of four adult male Muslims who have seen the actual act of sexual intercourse. This is based on the verse of the Holy Quraan, ‘As for those of your women who are guilty of illegal sexual intercourse, take the evidence of four witnesses from amongst you against them’. (Sura An Nisa Verse 15).
The witnesses must be able to state where and when the offence took place and must be able to identify the party and must agree on every detail of the act. Testimony, more over, must be delivered before the court in one sitting. An alternative method of proof in cases of zina is the offender’s own confession.
It is agreed (by all scholars) that an offender’s confession is sufficient for the establishment of his guilt and that, on the basis of his confession, the appropriate punishment can be inflicted.
According to Imam Abu Hanifa, Imam Ahmad bin Hanbal and other jurists, the confession of zina must be repeated four times since the minimum number of witnesses in such a case is four, and because of the case of Ma’iz who confessed adultery four times to the Prophet (ﷺ). Jabir Bin Abdullah (May Allah be pleased with him) narrated that a man from the tribe of Banu Aslam came to Allah’s Messenger (ﷺ) and informed him that he had committed illegal sexual intercourse and he bore witnesses four times against himself. Allah’s messenger (ﷺ) ordered him to be stoned to death as he was a married person’. (Sahih Al Bukhari, Book – Limits and punishments by Allah, Chapter – The Rajm at the Musalla).
Besides the above mentioned forms of evidence, a third form of evidence can also be used to establish zina which is known as circumstantial evidence. This is a case where an unmarried woman is found to be pregnant. Because of this state, the offence of zina will be proven and she will be considered to be guilty of the sin.
Having established the law of zina in verse two (2) of Sura An Nur, Allah gives two guidelines to the believers in the same verse. First of all, the believers are told, ‘let not pity withould you in their case in a punishment prescribed by Allah’.
This advice has been given to the Muslims so that they may not fall short in fulfilling the command of Allah with respect to the punishment of zina. Although it may be a harsh one, and it may be difficult for them to see as well as implement , (especially to those who may be related to them), they are told to be firm in fulfilling this duty and they must not let compassion and mercy prevent them from implementing and accepting this law.
The other guideline which has been given is that the believers were told that a party of them should witness the punishment. The purpose of this publicity is that a lesson be learnt by all, of the severe punishment which will come to anyone who chose to commit this crime.
Thus, by publicizing this punishment, the society at large will be able to be free from repeated offenders of this crime.