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Tafsir Surah An-Nisaa: The Women - Verse 15 - Same Sin, Different Punishments

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًاِ



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Why do different punishments exist for the exact same sin in Islam?  Why are virgins and married women treated differently? Today's Tafsir dives into the wisdom behind Islamic rulings and explains how Islam will dominate the world.    

Session 556

Chapter 4

Verse 15

a continuation

If any of your women commit a lewd act, call four witnesses from among you, then, if they testify to their guilt, confine those women to their houses until death takes them away or God opens some way for them.  (Chapter 4: Verse 15)

In last week's session, we explained how God authorized Prophet Muhammad to legislate in Islam.  God says,

Whatever the Messenger gives you, you should accept, and whatever he forbids you, you should forgo.  (from 59:7)

In Aya 15 of An-Nisaa, the Quran touches on the punishment of lesbian relations between women and ends the verse with the phrase, "Confine those women to their houses until death takes them away or God opens some way for them," hinting that more rulings should come forth.  Prophet Muhammad, peace be upon him, provided such rulings when he said, "Take from me: a virgin with a virgin is one hundred lashes and exile for a year; as for a married woman with another, it's one hundred lashes followed by stoning."

We ask: Why are there two different punishments for the exact same act?  Why are virgins treated more leniently?  Let's consider the matter logically: when a virgin is involved in an illicit act, whether with another woman or a man, the scope of disgrace is narrower for her than for a married woman.  The sexual promiscuity of a virgin affects her, her parents, and siblings, while for the married woman, it also impacts her kids and husband's honor.  The perpetuation of shame through the children should not be equated with the narrower impact on the parents.  After a few years, the virgin's parents would die, but on average, the children of a married woman would live for decades.  Thus, the virgin's punishment of half the lashes recognizes the scope of the dishonor.    

Our beloved Prophet is not only an interpreter of the Quran but also the second source of legislation in Islam, giving us rulings beyond the scripture.  He, peace be upon him did indeed carry out stoning.  Thus, the ruling became final and conclusive: for married individuals, it's lashing followed by stoning; for virgins, it's limited to lashing and confinement for a year.  Each receives the punishment fitting their case.  Remember that the main goal behind punishment is to preserve the purity of lineage and continuation of the human species—a fundamental aspect of life and faith.  Every person has biological needs, such as shelter and food, and moral needs, such as honor and respect in the community. 

If you want proof of the truthfulness of Islam's message regarding proper sexual interactions, look no further than non-Muslim countries.  The Almighty gives us real-life examples from non-believers to highlight the soundness of the heavenly method.  He says,

It is He Who has sent His Messenger with the guidance and the Religion of truth that He may make it prevail over all religions, no matter how much the polytheists hate it.  (9:33)

Some Muslims point to this Aya and say, "This is yet to materialize.  Look around the world: there are billions of Christians, Hindus, and people of other religions around." We answer that you misunderstood the phrase, "the Religion of truth that He may make it prevail over all religions," and then you completely ignored the phrase, "no matter how much the polytheists hate it." Allah clarifies that Islam shines through despite the existence of those who dislike it—the disbelievers and polytheists.  

Allah never said that Islam would eradicate all other beliefs.  Instead, through the Quran and the Sunnah, He illustrates that life's circumstances and world events will force others to adopt the Islamic rulings they always rejected.  They hate and fight Islam but continue to adopt its method.  When adversities force your opponent to act by your beliefs, it shows the true strength of your argument.  Let's consider the example of the leading civilization of our time, the United States.  The Western world was shaken in the 80s and 90s by the emergence of the new Acquired Immune Deficiency Syndrome, or AIDS.  It started and mainly spread through unnatural sexual relations in gay communities and among IV drug users.  Remarkably, most sexually transmitted diseases arise in areas of high prostitution, gay, and other kinds of unnatural relations, all outside what the Lord ordained.  

Allah established the elements of marriage to include the offer from the man, the acceptance from the woman, followed by the dowry and public declaration of the union, making it a transparent and accountable relationship.  This divine system aligns with the balance of "receiving" and "transmitting" within human nature.  Just like electricity, where a correct pairing between positive and negative wires provides beautiful and warm light, while other connections can lead to fires or leave you in the dark.  Similarly, when masculinity and femininity are united according to the principles of faith, the natural chemical composition within the couple creates love, light, and a warm environment for raising children.  We previously explained that if a father sees a young man looking at one of his daughters, he becomes upset and hostile; however, if this young man approaches lawfully and says, "I wish to propose to your daughter," the father’s inner chemistry and psychology change.  Faces light up, and celebrations begin.  The word of God permiates the soul, creating radiance and joy.  Look at all the lights, decorations, and drums at weddings as clear evidence of a need fulfilled!  

Every connection outside of this honorable and noble path leads to disorder, psychological and health epidemics that are difficult to combat.  Western societies that traveled down the road of promiscuous relations and homosexuality ended up with a gender crisis affecting adults and children alike.  Nowadays, countries such as the UK, France, and Sweden, which used to mock Muslims as backward, are walking back their gender policies. 

If you learned something new today, tune in next week as we will discuss the Islamic view on gay relations between men.  Hit the subscribe and bell icons.