Fourth Verse: On Zina (Adultery) and the Hadd Punishment; Fifth Verse: On Private Audience with the Prophet

چوتھی آیت زنا اور زانیہ کے بارے میں — پانچویں آیت سرگوشی کے بارے میں

Fourth: The Verse on Zina (Adultery) and the Hadd Punishment

Shah Sahib (rahimahullah) considers the verse of adultery abrogated. He says: the verse: 'wa allatī ya'tīna al-fāḥishata min nisā'ikum…' (al-Nisa: Ayah 15) — 'And those of your women who commit immorality (zina), take four witnesses against them; if they testify, then confine those women in their houses until death takes them, or Allah appoints for them a way' — this verse, he says, has been abrogated by the verse of Sura al-Nur. I submit: this is not abrogation. The verse of al-Nisa was revealed first, addressing a particular situation — when Islam had not yet fully established its ruling on hadd punishments and the Muslim community was in a transitional phase. The verse of Sura al-Nur was revealed later with the completed and definitive ruling on hadd. The first verse was a preparatory and temporary measure; the second is the final and permanent ruling. This is not naskh but rather the natural unfolding of Islamic legislation over time.

الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِائَةَ جَلْدَةٍ وَلَا تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِينَ

'The female fornicator and the male fornicator — flog each one of them with a hundred lashes, and let not compassion for them overtake you in the religion of Allah, if you believe in Allah and the Last Day; and let a group of the believers witness their punishment.' (al-Nūr 24:2). Commentators say this verse states: 'Wa ankihū al-ayāmā minkum' (al-Nūr 24:32) — 'And marry off the unmarried among you' — is abrogated by this verse. Shah Sahib (rahimahullah) says: Imam Ahmad (rahimahullah) has taken the apparent meaning of this and given a ruling that a pious man should not marry an unchaste woman, and that such a woman cannot be contracted in marriage with a pious man either — rather a fornicatress can only be married to a fornicator or a polytheist.

I submit: why should a fornicatress not be married? A polytheist (mushrik) cannot marry her. Shah Sahib states that the broader meaning is: a fornicatress is a grave sinner (murtakib-e-kabīra) — such a woman cannot be married by a pious man. If any person takes a non-Muslim woman in marriage outside an Islamic marriage contract, this brings dishonor upon his family. The reason is that from such a woman an unchaste lineage is established. Marrying her is not desirable (mustahabb) — because through her, illegitimate relations may occur. For a believing man, involvement with disbelievers is forbidden — and this passage's indication is toward zina and polytheism, not toward any prohibition of marriage per se. Thus the reference of 'dhālika' is toward zina and polytheism — and not that marriage itself is prohibited.

In summary, in the faqir's view this verse does not at all pertain to the prohibition of marriage. The verse was revealed in the natural context of addressing male and female alike, mentioning the hadd punishment, and this verse's intent is simply to enforce that punishment. The verse implies that a woman who persists in zina should not be hastily contracted in marriage, because such a marriage would be a cause of disgrace. 'Dhālika' in this reference points toward zina and polytheism — not toward the prohibition of nikah itself.

Fifth: The Verse on Private Audience with the Prophet (Najwa)

(5) O believers, when you seek a private audience (najwā) with the Messenger, offer a charitable donation before your private audience. This is better and purer for you. But if you find nothing to give, then Allah is Most Forgiving, Most Merciful.

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَاجَيْتُمُ الرَّسُولَ فَقَدِّمُوا بَيْنَ يَدَيْ نَجْوَاكُمْ صَدَقَةً ذَٰلِكَ خَيْرٌ لَّكُمْ وَأَطْهَرُ فَإِن لَّمْ تَجِدُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

'O you who believe, when you seek a private audience with the Messenger, present a charitable donation before your private audience — that is better and purer for you. But if you find nothing, then Allah is Most Forgiving, Most Merciful.' (al-Mujādila 58:12). Shah Sahib (rahimahullah) says this verse is abrogated by the following verse. I submit: from this verse's purport, the obligation of charity (sadaqa) before a private audience was not intended to last forever — its purpose was to test the sincerity of the believers and to screen out the hypocrites. The Prophet (peace be upon him) wanted to ensure that those who sought his private audience had genuine need, not idle curiosity. If a person was unable to give sadaqa, Allah forgave them. This verse was not abrogated but rather its purpose was fulfilled by establishing the principle, and then the condition was eased by divine mercy: 'Fa in lam tajidū fa inna Allāha Ghafūrun Rahīm.' The verse is not annulled — its intent was completed.

The incident is this: that some of those early Muslims who were affluent had begun to monopolize the Prophet's private attention by frequently requesting private audiences. The ruling was given so that before any such private audience, a charitable donation should be made — this would filter out those who sought audience for trivial reasons. When the richer believers saw that even Hazrat Ali (may Allah honor his face) had given a dinar for this, many of them did not come forward. The poor could not pay either. Thus the intent of the ruling was accomplished — to safeguard the Prophet's time — and the subsequent verse eased the requirement. This was completion of purpose, not abrogation (naskh).