Transliteration:( Wallaatee ya'teenal faahishata min nisaaa'ikum fastash-hidoo 'alaihinna arba'atam minkum fa in shahidoo fa amsikoohunna fil buyooti hatta yatawaffaa hunnal mawtu aw yaj'alal laahu lahunna sabeelaa )
59. If obscenity is used as a proper noun it would mean adultery. In this verse, obscenity refers to adultery.
60. By this is meant to make them witnesses. Under the present situation, this command is addressed to Muslims in general. It could also mean obtaining testimony from them. In that case, it would be addressed to authorities. From this, we learn that these decrees are concerning the wives. These decrees do not apply to the maids/slave girls. For this reason, the word "your woman" is used.
61. From this verse emerge a few issues:
1. Adultery would be confirmed by four witnesses.
2. These four witnesses should be all men.
3. All four should be pious and independent as can be understood from "from you".
4. If the husband obtains four witnesses for his wife's adultery, the law of stoning to death
would be applicable and not "Li'aan" which is mutual cursing by the couple in a law court. If the husband does not have witnesses "Li'aan' would take place.
5. It is not incumbent to divorce a sinful wife, but to stop her from sinning as understood from "Confine them". is wajibÂ
62. This meant that adulterous wives are in their homes so strictly that they would not be able to go outside until either they die or the punishment for adultery is revealed.
63. This verse is abrogated from the verse in respect of restrictions and punishments. This verse hints towards abrogation, that these women should be confined to their homes until either they die or the law of punishment is proclaimed. From this, we learn that there is not only a permissibility between verses and decrees, but this has taken place here.
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15. And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way. 16. And the two persons among you who commit illegal sexual intercourse, punish them both. And if they repent and do righteous good deeds, leave them alone. Surely, Allah is Ever the One Who accepts repentance, (and He is) Most Merciful.
At the begining of Islam, the ruling was that if a woman commits adultery as stipulated by sufficient proof, she was confined to her home, without leave, until she died. Allah said,
يعني الزنا
(And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them; and if they testify, confine them (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way.) `Some other way’ mentioned here is the abrogation of this ruling that came later. Ibn `Abbas said, “The early ruling was confinement, until Allah sent down Surat An-Nur (chapter 24) which abrogated that ruling with the ruling of flogging (for fornication) or stoning to death (for adultery).” Similar was reported from `Ikrimah, Sa`id bin Jubayr, Al-Hasan, `Ata’ Al-Khurasani, Abu Salih, Qatadah, Zayd bin Aslam and Ad-Dahhak, and this is a matter that is agreed upon. Imam Ahmad recorded that `Ubadah bin As-Samit said, “When the revelation descended upon the Messenger of Allah , it would affect him and his face would show signs of strain. One day, Allah sent down a revelation to him, and when the Messenger was relieved of its strain, he said,
(Take from me: Allah has made some other way for them. The married with the married, the unmarried with the unmarried. The married gets a hundred lashes and stoning to death, while the unmarried gets a hundred lashes then banishment for a year.)” Muslim and the collectors of the Sunan recorded that `Ubadah bin As-Samit said that the Prophet said,
(Take from me, take from me. Allah has made some other way for them: the (unmarried) gets a hundred lashes and banishment for one year, while the (married) gets a hundred lashes and stoning to death.) At-Tirmidhi said, “Hasan Sahih”. Allah said,
(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until Allah abrogated it with flogging or stoning, as we stated. Mujahid said, “It was revealed about the case of two men who do it.” As if he was referring to the actions of the people of Lut, and Allah knows best. The collectors of Sunan recorded that Ibn `Abbas said that the Messenger of Allah said,
(Whoever you catch committing the act of the people of Lut (homosexuality), then kill both parties to the act.) Allah said,
(And if they repent and do righteous good deeds), by refraining from that evil act, and thereafter their actions become righteous,
(leave them alone), do not verbally abuse them after that, since he who truly repents is just like he who has no sin,
(Surely, Allah is Ever the One Who accepts repentance, Most Merciful.) The following is recorded in the Two Sahihs:
(When the slave-girl of one of you commits illegal sexual intercouse, let him flog her and not chastise her afterwards. ) because the lashes she receives erase the sin that she has committed.
(4:15) As for those of your women who are guilty of immoral conduct, call upon four from amongst you to bear witness against them. And if four men do bear witness, confine those women to their houses until either death takes them away or Allah opens some way for them.
There is no commentary by Abul Maududi available for this verse.
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