“But why do they come to you for judgment when they have the Torah containing Allah’s judgment, then they turn away after all? They are not believers.” (Qur’an 5:43)
“Indeed, We revealed the Torah, containing guidance and light, by which the prophets, who submitted themselves to Allah, made judgments for Jews. So too did the rabbis and scholars judge according to Allah’s Book, with which they were entrusted and of which they were made keepers. So do not fear the people; fear Me! Nor trade my revelations for a fleeting gain. And those who do not judge by what Allah has revealed are the disbelievers.” (Qur’an 5:44)
﷽
There is a very, very easy way to avoid the legal punishments for adultery in Islam. In fact, a person could live in a political entity in which punishments for committing adultery are enacted and never even have to worry about them at all.
It is very similar to living in a nation in which there are strict punishments for killing someone. The very easy way to avoid the repercussions and legal punishments is simply not to do the acts.
Can you imagine our opponents? “No, a man should have the right to cheat on his wife!” “No, a woman should have the right to cheat on her husband!”
Rather than discuss the sternness of the punishment, the discussion should really centre around questions of intelligence and decision-making.
- Is cheating on your husband or wife a good decision or a bad decision?
- Is cheating on your husband or wife an intelligent decision in a society where you could be stoned to death for such actions?
- Is cheating on your husband or wife an intelligent decision when one has recourse to more wives (in the case of a man) or recourse to divorce (man and woman)?
Notwithstanding the Islamic legal punishment for adultery we read numerous reports across numerous countries, and cultures about the rash acts that husbands and or wives commit when they find that their partner has cheated on them.
Any search engine can pull up the latest murders, murder-cum-suicides and rage-fueled actions taken by those who felt betrayed by the man or woman most dear to them. Someone they never felt would betray them in such a manner.
So, before we even get to the punishment for adultery, an ideal Islamic society would have several measures and safeguards in check before an individual were to make unintelligent decisions.
One would be taught: Ad-Darooriyyat Al-Khams—The Five Basic Necessities that are protected and recognized by Islamic law-shari’ah.
This would fall under the category of: preservation of lineage.
- Growing up in a strong family household with emphasis upon respect for oneself. Emphasis upon reverence to Allah (swt).
- A strong emphasis upon proper interaction between the genders.
- A strong emphasis upon the respect that is due to marriage and a strong desire not to cause discord between a wife and husband.
- Understanding that sexuality is something sacred and intimacy can create strong bonds between two people.
- Marriage is the completion of half of one’s Islam.
- Marriage is the backbone upon which healthy communities and healthy socities are brought about.
- That your spouse will be your partner through joy and hardships.
- That such a relationship should be built upon trust and not lust.
- The understanding that if one commits a major sin and does not repent from that sin and dies while in that state that one will be in an eternal agony far worse than any prescriptive punishment meted out by human beings on Earth.
- The understanding that if one’s marriage is not working out that one has the recourse to divorce. Divorce can be a solution to a marriage which lacks love, intimacy, passion, friendship, companionship, mercy, trust, cooperation and depth.
- That divorce is not a source of shame nor does one need to be stigmatized because of it.
Before we continue, let it be known to the reader that, under previous administration of this site, our brother was of the incorrect view that rajm (stoning) for adultery was not part of the Islamic penal code. He has publicly recanted and publicly repented from that position. May Allah (swt) forgive him and guide any who has been misled about this.
He held the position not because he had liberal or modernist leanings or tendencies. He held that position that rajm (stoning) for adultery was not part of the Islamic penal code because he believed that it was the strongest position based on the evidence from the Qur’an and Sunnah.
Thus the importance of taking knowledge from the learned.
He did not hold the position due to liberal or modernist leanings for three reasons.
- He believes in the eternality of the hellfire for all who enter it. This is not a liberal or modernist position.
- He believes in a penal punishment that we imagine could be more painful and excruciating than rajm (stoning) and that is to be ‘lifted up’ or impailed according to the Qur’an 5:33. He has informed us this was always his view.
- He believed that, due to what he saw as the ambiguity of ‘rajm’ as a punishment, that he was following Qur’an 5:32 “Whoever saves a life it’s as if he saved the whole of mankind.”
Insh’Allah we link to his original article so people can see the evolution in his thought process.
That entry is here:
So consider this article a self-refutation. A more learned primaquran refuting a less learned primaquran.
It is also our sincere hope that, at any point, we are mistaken in a position, or misrepresent the views of others that Allah (swt) guides us to the right action and the correct course.
Let us start with this insightful hadith concerning the Mother of the believers.
Narrated Yusuf bin Mahk:
While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, “What type of shroud is the best?” `Aisha said, “May Allah be merciful to you! What does it matter?” He said, “O mother of the Believers! Show me (the copy of) your Qur’an,” She said, “Why?” He said, “In order to compile and arrange the Qur’an according to it, for people recite it with its Suras not in proper order.” `Aisha said, “What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse.’ While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: ‘Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.’ (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him.” Then `Aisha took out the copy of the Qur’an for the man and dictated to him the Verses of the Suras (in their proper order)
Source: (https://sunnah.com/bukhari:4993)
This insightful hadith teaches us that the priority of teaching Muslims was not given to the penal aspect of Islamic law. Rather, when one looks at which verses are said to have first to the Blessed Prophet (saw), priority is given to establishing faith in Allah, believing in the life to come. The promise of heaven and the promise of hellfire.
The punishment for sexual impropriety in the early days of Islam was a temporary light punishment because people were from the days of ignorance and were new to following a moral code that called them to a higher standard of behavior. This is indicated by the hadith where Aisha (ra) spoke about the matter.
The way of Allah (swt) with the early Muslim community in legislation was to guide the nation gradually, by which is more successful in treatment, wiser in application, and easier for the souls to accept with satisfaction and reassurance, as we saw in the prohibition of alcohol and usury, and other Shariah rulings.
Faahish in Islam is an immoral act, either done by mouth, meaning to say something immoral, or it is done by action of the body to do something immoral. It means something that exceeds the limit. Something excessive.
The punishment for an unspecified type of Faahishah: (Anything short of fornication or adultery)
The punishment in the early days of Islam was as given by Allah (swt) in the following:
“As for those of your women who are accused of committing a (fāḥishata) immoral deed, call four witnesses from among you, and if they testify to their guilt, keep the women at home until death comes to them or until Allah shows them another way. Punish both of the guilty parties, but if they both repent and mend their ways, leave them alone. Allah is always ready to accept repentance. He’s the Mercy Giver.” (Qur’an 4:15)
So, the punishment for an unspecified type of immorality (fahishata) for a woman was confinement in the house and not allowing her to go out. The punishment for an unspecified type of immorality (fahishata) for the man was reproach and scolding with harsh words. In the early days of Islam, Muslims did not have jails or prison complexes. The home was an efficient holding facility.
However, from the above text (Qur’an 4:15) this is where the practice and basis of establishing such acts via four witnesses comes from.
The punishment for a specific type of Faahishah: Fornication.
The following verse of the Qur’an came by way of takhsees(specification) for a particular type of sexual impropriety, namely fornication.
“(As for) the fornicatress and the fornicator, flog each of them, (giving them) a hundred stripes, and let not pity for them detain you in the matter of obedience to Allah, if you believe in Allah and the last day, and let a party of believers witness their chastisement. The fornicator shall not marry any but a fornicatress or idolatress, and (as for) the fornicatress, none shall marry her but a fornicator or an idolater; and it is forbidden to the believers.” (Qur’an 24:2-3)
It is very clear that the above verses are not talking about married couples. This can be seen from the text: “The fornicator shall not marry any but a fornicatress or idolatress.” Meaning the default is they are unmarried.
We do want to comment that we personally feel that all translations and translators of the Qur’an have failed to convey what Qur’an 24:3 means and we have yet to see a translation that translates the meaning accurately. We put this right up there with Qur’an 4:157 as the worst translated text that translations and translators have failed to convey.
One may see for themselves the disparate translations of Qur’an 24:3 here:
https://www.islamawakened.com/quran/24/3/
The major reason why we loath all translations of Qur’an 24:3 is that when you look at it:
“The fornicator shall not marry any but a fornicatress or idolatress.” It gives the impression that a Muslim male or female or committed fornication has two options for his/her future.
a) marry a believer who has done a similar offense.
b) marry a mushrik who has done a similar offense.
We would translate it as: “The fornicator marries none but the fornicator and the idolater marries none but the idolatress.” The reason that the mushirk is put in this context is to show the level of disdain that Allah (swt) has for people who commit fornication.
The punishment for a specific type of Faahishah: Adultery.
Islamic law differentiates between the hadd for a non-married person by flogging for 100 hundred lashes and intensifying the punishment for the married person by making it stoning to death. This is because the crime of adultery after marriage is more severe and graver in Islam’s view.
The rest of the explanation deals with the rationale behind these punishments, their legitimacy, and how they are derived from Islamic law.
As regards flogging (lashing), it has been firmly established by the explicit Quranic text:
“(As for) the fornicatress and the fornicator, flog each of them, (giving) a hundred stripes.”
That verse refers to the punishment for someone who is (non-muhsan) not married.
As regards rajm (stoning), it has been established by the implicit Quranic text as well as the explicit Sunnah of the Blessed Prophet (saw)
The implicit textual evidence of the Qur’an is as follows:
“But why do they come to you for judgment when they have the Torah containing Allah’s judgment, then they turn away after all? They are not believers.” (Qur’an 5:43)
- The only reason why this group of Jews would go to the Blessed Prophet (saw) is because they were hoping for a lighter judgement than what was already established among them.
- They were familiar with the penal code on general Faahishah and specific Faahishah: fornication they were hoping that the Blessed Prophet (saw) had something light for them in regard to those who committed adultery.
https://quranx.com/tafsirs/5.43
All the commentators in regard to the asbab an nuzul of this verse point to a group of Jews who went to see if they would get a judgement other than what was in the Torah.
We also have numerous hadith to this effect.
“When they have the Torah containing Allah’s judgment.”
“We have revealed to you this Book with the truth, as a confirmation of previous Scriptures and a supreme authority on them. So judge between them by what Allah has revealed, and do not follow their desires over the truth that has come to you. ” (Qur’an 5:48)
Those who maintain that the punishment for adultery is the same as those who are unmarried—namely, 100 lashes would have to come to terms with the following powerful contention:
There is no manuscript evidence from any Torah from the time of the Blessed Prophet (saw), or before him that the punishment for adultery was anything other than rajm (stoning).
The other powerful point that the detractors would have to deal with is the fact that the statement in the Qur’an: “But why do they come to you for judgment?” has been related on account of nothing other than the Jews coming to the Blessed Prophet (saw) over an incident of adultery.
Abū ‘Ubayda narrated from Jābir that ‘Ibn ‘Umar said: “The Jews went to the Prophet (saw), to tell him that a man and a woman of their community had committed adultery. The Prophet,(saw), said: “What does the torah say about stoning?” They said: “They must be branded and inflicted with the punishment of the whip.” ‘Abd Allah ‘Ibn Salām said to them: “You lie, it says that they should be stoned. Bring the torah and let’s check.” We brought the torah. One of the Jews got his hands on the stoning passage and read what preceded that passage and what followed it. ‘Abd Allah ‘Ibn Salām said to him: “Take away your hand.” Once the hand was raised, we found the passage relating to stoning. At this time, the Jews said: “It is true, O Muḥammed, there is a passage on stoning.” The two culprits were then stoned by order of the Prophet, (saw). ‘Ibn ‘Umar said: “I then saw the man leaning over the woman to protect her from the stones being thrown at them.”
Source: (Hadith 614 Al-Jami’i Al-Sahih Musnad Al- Imam Al-Rabii)
It was narrated that Bara’ bin Azib said:
“The Messenger of Allah (saw) passed by a Jew with a blackened face who had been flogged. He called them and said: ‘Is this the punishment for the adulterer that you find in your Book?’ They said: ‘Yes.’ Then he called one of their scholars and said: ‘I adjure you by Allah (SWT) Who sent down the Tawrah (Torah) to Musa! ‘Is this the punishment for the adulterer that you find in your Book?’ He said: ‘No; if you had not adjured me by Allah (SWT), I would not have told you. The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him. We said: “Come, let us agree upon something that we may impose on both noble and weak alike.” So we agreed to blacken the face and whip them, instead of stoning.’ The Prophet (saw) ‘O Allah (SWT), I am the first of those who revive your command which they had killed off,’ and he issued orders that (the man) be stoned.”
Source: (https://sunnah.com/ibnmajah:2558)
Notice what the man said about passing over the punishment among the nobles and imposing it upon the weak.
Recall the following hadith:
Narrated `Aisha:
Usama approached the Prophet (saw) on behalf of a woman (who had committed theft). The Prophet (saw) said, “The people before you were destroyed because they used to inflict legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet (saw) did that (i.e. stole), I would cut off her hand.”
Source: (https://sunnah.com/bukhari:6787)
Now this becomes very interesting when we later turn our attention to Qur’an 4:25 where in Islam, the weak and the poor are given lesser punishments than the rich and the powerful.
The mission of the blessed Prophet (saw) is to clarify, as Allah says:
“So that you may explain to the people what was revealed to them.” (Qur’an 16:44).
The explanation and clarification provided by the Blessed Prophet (saw) suffice to detail and elucidate the general meaning of the Quran!
As for stoning, it has been established by the actions, sayings of the Blessed Prophet (saw), as well as by the consensus of the Companions and their followers.
Authentic narrations that leave no room for doubt have confirmed this, and it has been transmitted through reliable sources that the Blessed Prophet (saw) implemented the punishment of stoning on some Companions, such as Ma’iz and the woman from the tribe of Ghamid. The Caliphs/Imams after him continued to enforce this punishment during their rule, repeatedly announcing that stoning is the prescribed punishment for adultery after marriage.
Islamic scholars in every era and region have unanimously agreed that this ruling is a well-established, followed Sunnah and a definitive divine law, supported by abundant evidence that leaves no room for doubt or skepticism. This ruling has remained in place until our time, with no one dissenting except for what has been claimed concerning certain groups from among the Kharijites, who claimed that stoning is not prescribed. The fallacy of their argument will be clarified below:
The truth is that this is found in the books of their opponents, and there are no known books of theirs now. So we cannot be certain whether they made this statement or not.
In this link, you will find a book by the respected scholar, Shaykh (Abu Is’haq) Ibrahim Attfayish (hafidhullah),who explained that the Kharijites do not deny stoning, but they have an interpretation which you will find in the book. Here is the link:
“This matter, according to me, is not as many think it is; some non-Ibadi Muslims’ claim that Khawarij reject stoning is an insinuation. This claim backfires on them because they narrated a verse that states “if an old man and old woman commit adultery, stone them as a punishment from Allah and Allah is Almighty All-Wise” was recited in the Holy Quran in Al-Ahzab but was eaten by a goat. Based on this false narration, an imperfection has occurred in the Qur’an. This terrible error will always accompany them despite their claims that its recitation is being abrogated while its ruling remains in effect! However, our Ibadi scholars say that stoning is not prescribed in the Holy Qur’an but in the hadith. Imam Al-Hafidh Al-Hujjah Ar-Rabi bin Habeeb narrated in his Sahih that Imam Jabir bin Zaid said, “Istinja, circumcision, witr and stoning are obligatory Sunnah.” -Shaykh Attfayish (h).
You can read about that here:
The opponents of stoning or rajm have four basic arguments.
Argument 1: They said stoning or rajm is the severest of punishments; if it were legitimate, it would have been mentioned in the Quran. Since it is not mentioned, this indicates that it is not legitimate.
Argument 2: The punishment for a female slave is half that of a free woman as we find here:
“They should receive half the punishment of free [unmarried] women.” (Qur’an 4:25) Since stoning cannot be halved, it cannot be the prescribed punishment for a free woman.
Argument 3: The ruling in the verse is general for all adulterers, and specifying the (married adulterer) is contrary to the Quran.
Response to these arguments:
Response to argument 1: As mentioned, the absence of stoning in the Qur’an is only by way of explicit evidence and not by implicit evidence as has already shown. Plus the historical, archeological and manuscript evidence of what the prescribed punishment in the Torah was/is.
The absence of stoning in the Quran does not indicate its illegitimacy. Many legal rulings are not mentioned in the Quran but are explained by the Sunnah. Allah has commanded us to follow the Blessed Prophet (saw) and adhere to his orders:
“And whatever the Messenger has given you — take; and what he has forbidden you — refrain from.” (Qur’an 59:7)
The Blessed Prophet (saw) conveys on behalf of Allah Almighty, and everything he brought is by divine revelation:
“Nor does he speak from [his own] inclination. It is but a revelation revealed.” (Qur’an 53:3-4)
How can stoning be considered illegitimate when the Blessed Prophet (saw) implemented it, and his Companions did so as well, as he clarified this through his words and actions?
Furthermore, the Quran explains the mission of the Blessed Prophet (saw) in the verse:
“And We revealed to you the message that you may make clear to the people what was sent down to them and that they might give thought.” (Qur’an 16:44)
You may wish to read more on this here:
https://primaquran.com/2024/05/07/how-we-know-the-sunnah-of-the-prophet-is-divine-guidance/
Response to argument 2:
The punishment for a specific type of Faahishah: Adultery of Malakat Aymanukum
“So marry them, with their people’s leave, and give them their wages honourably as women in wedlock, not as in licentious or taking lovers. But when they are in wedlock, if they commit indecency (bifahishatin), they shall be liable to half the chastisement of freewomen. That provision is for those of you who fear fornication; yet it is better for you to be patient. God is All-forgiving, All-compassionate.”(Qur’an 4:25)
This indicates that the intended punishment here is flogging, not stoning, as indicated by the halving of the punishment. Allah knows that stoning cannot be halved, as it is impossible for people to half-kill a person. Therefore, reason and sound understanding suggest that the punishment mentioned here is flogging, not stoning.
A married female slave is flogged fifty lashes, while a free, unmarried woman is flogged one hundred lashes. The reason for this leniency towards the female slave compared to the free woman is that the crime committed by the free woman is more heinous and detestable, as she is less likely to be tempted and is further removed from the cause of immorality, whereas the female slave is weaker in resisting it. Therefore, Allah, in His mercy, reduced her punishment.
Regarding the evidence that stoning cannot be halved, you will find more on this in the book “Tafsir Ayat Al-Ahkam” (2/19) by Shaykh Muhammed bin Ali Al-Sabuni.
Notice that in Islam the punishment for the weak and the poor, in this example, is less than for the powerful and wealthy. Recall the hadith narrated by Aisha (ra):
“The people before you were destroyed because they used to inflict legal punishments on the poor and forgive the rich.”
Also, recall the exchange the Jews had with the Blessed Prophet (saw):
“The punishment for the adulterer that we find in our Book is stoning, but many of our nobles were being stoned (because of the prevalence of adultery among them), so if we caught one of our nobles (committing adultery), we would let him go; but if we caught one of the weak among us, we would carry out the punishment on him.”
That is why, in our school, the punishments for adultery and pre-marital sex are meted out like so:
- Free Woman/Man that are married =Rajm.
- Free Woman/Man that are unmarried =100 lashes.
- Slave Woman/Man that are married =50 lashes.
- Slave Woman/Man that is unmarried = Taazir.
A tazir punishment is when there is nothing explicit from the Qur’an or Sunnah. It is discretionary. It could be corporeal in nature, it could be harsh words of admonishment.
Recall the meaning of Faahish.
Faahish in Islam is an immoral act, either done by mouth, meaning to say something immoral, or it is done by action of the body to do something immoral. It means something that exceeds the limit. Something excessive.
Thus, they differ in degree and severity.
Response to argument 3:
The claim that the ruling is general and specifying it is contrary to the Quran is complete ignorance. Don’t we see that many rulings came in general terms and were specified by the Sunnah?
For example, the verse:
“As for the thief, the male and the female, amputate their hands.” (Qur’an 5:38)
This statement is general and includes all thieves, even if the theft is of something insignificant (trivial). According to their claim, we would have to cut off the hand of someone who steals a penny or a needle, even though the Sunnah specified and limited this ruling to a quarter dinar or its equivalent value of ten dirhams.
Similarly, the verse:
“And your mothers who nursed you, and your sisters through nursing.” (Qur’an 4:23)
This only mentions the prohibition of the mother and sister through nursing, while the Prophet (peace be upon him) explained that nursing forbids all the relationships that blood does. Hence, according to their argument, the prohibition of (a daughter through nursing) would contradict the Qur’an. The Qur’an prohibits marrying two sisters simultaneously, so anyone who says it is forbidden to marry a woman and her maternal or paternal aunt should be judged as contradicting the Qur’an
Unfortunately, some of the jurists and some of the schools have obfuscated this matter for the people so that they remain in a state of confusion about these matters.
All four types of punishments in regard to the different types of Faahish remain valid should the need arise. None of them are abrogated!
The punishment for an unspecified type of Faahishah: Confinement in homes. (Qur’an 4:15)
The punishment for a specific type of Faahishah: Fornication. 100 lashes. (Qur’an 24:2-3)
The punishment for a specific type of Faahishah: Adultery. Stoning for free married persons. (Qur’an 5:43)
The punishment for a specific type of Faahishah: Adultery of Malakat Aymanukum 50 lashes for the malakat aymanukum and discretionary “punishment” for the Malakat Aymankum who is unmarried. (Qur’an 4:25)
When we look at the four above. We can see that none of these can be enacted where Islam is in a state of Kitman. Where Islam is in a state of Zuhur (Manifestation), may Allah (swt) grant guidance and justice to the people of those lands.
MISUNDESTANDINGS REGARDING UMAR IBN AL KHATTAB (RA) AND FLAT LIES ATTRIBUTED TO HIM IN REGARD TO RAJM (STONING)
The following is correctly attributed to Umar bin Al Khattab (ra)
Umar bin Al-Khattab said:
“Verily Allah sent Muhammed (saw) with the truth, and he revealed the Book to him. Among what was revealed to him was the Ayah of stoning (Qur’an 5:43). So the Messenger of Allah (saw) stoned, and we stoned after him. I fear that time will pass over the people such that someone will say ‘We do not see stoning in the Book of Allah.‘ They will be misguided by leaving an obligation which Allah revealed. Indeed, stoning is the retribution for the adulterer if he was married and the evidence has been established, or due to pregnancy, or confession.”
Source: (https://sunnah.com/tirmidhi:1432)
What Umar Ibn Al Khattab (ra) means is similar to the following hadith:
It was narrated that ‘Abdulleh said:
“The Messenger of Allah cursed the woman who does tattoos and the one who has them done, and those who pluck their eyebrows and file their teeth for the purpose of beautification, and those who change the creation of Allah.” News of that reached a woman of Banu Asad who was called Umm Ya’qub. She went to him and said: “I have heard that you said such and such.” He said: ‘Why should I not curse those whom the Messenger of Allah cursed ? And it is in the Book of Allah.” She said: “I read what is between its two covers ‘and I have not found that.” He said: “If you read it properly you would have found it. Have you not read the words: ‘And whatsoever the Messenger (Muhammed) gives you, take it; and whatsoever he forbids you, abstain (from it).’?” She said: “Of course.” He said: ‘The Messenger of Allah forbade that.” She said: ‘I think that your wife does it.’ He said: “Go and look.” So she went and looked, and she did not see what she wantedShe said: “I have not seen anything!’ ‘Abdullah said: “If she was as you say, I would not have kept her with me. “
Source: (https://sunnah.com/ibnmajah:1989)
This is what Umar Ibn Al Khattab (ra) was referencing when he said that it (stoning) was mentioned in the Qur’an in the way the companion mentioned (plucking the eyebrows) was mentioned in the Qur’an.
The following is incorrectly attributed to Umar bin Al Khattab (ra)
‘Umar bin Al-Khattab (ra) said:
“The Messenger of Allah (saw) stoned, Abu Bakr stoned, and I stoned. If I didn’t dislike that I add to the Book of Allah. I would have written it in the Mushaf, for I fear that there will come a people and they will not find it in the Book of Allah, so they will disbelieve in it.”
Source: (https://sunnah.com/tirmidhi:1431)
Now this is either incorrectly attributed to Umar Ibn Al Khattab (ra) or it is very possible that when we read this we are missing the point!
It cannot be that Umar Ibn Al Khattab (ra) meant to write down something as if it was the Qur’an! This is clear from the following verse:
“So woe to those who distort the Scripture with their own hands then say, “This is from Allah”—seeking a fleeting gain! So woe to them for what their hands have written, and woe to them for what they have earned.” (Qur’an 2:79)
Thus, the statement:
“If I didn’t dislike that I add to the Book of Allah. I would have written it in the Mushaf.”
It is a reference to Umar Ibn Al Khattab (ra) writing his own personal commentary or notes to (Qur’an 5:43) or that Umar Ibn Al Khattab (ra) was speaking in hyperbole. That is possible as well, because we all know he ended up not writing it down.
a note about the four witnesses need four stoning.
- They all four must have witnessed the actual act of penetration. Simply catching a man and woman naked would not suffice.
- The four witnesses must be mentally sound. They cannot be small children, for example; or those who have not reached the age of puberty.
- There are discussions about people who wear too much kohl, if it causes blurry vision.
Lastly: the very easy way to avoid the repercussions and legal punishments is simply not to do the acts! Don’t cheat on your wife! Don’t cheat on your husband! If the marriage is so lacking in passion and intimacy that you feel the urge to cheat, then seek a dissolution of the marriage. Otherwise, you are playing with fire, both literally and metaphorically speaking.
Allah (swt) knows best.
You maybe interested in reading the following:
https://primaquran.com/2022/10/04/why-abrogation-in-the-quran-is-a-false-doctrine/
May Allah (swt) guide the Ummah.
May Allah (swt) forgive the Ummah.
Prima Quran 