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Surah An-Nisa, Verse 15 and 16


*Surah An-Nisa, Verse 15:*

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِن نِّسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ فَإِن شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّىٰ يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا

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 (i.e. women) to houses until death comes to them or Allah ordains for them some (other) way.

*COMMENTARY*

Most commentators understand this to refer to adultery or fornication; in that case they consider that the punishment was altered by the later verse, chapter xxiv, verse 2.

To protect the honour of women, stricter evidence is required, i.e, the evidence of four instead of the usual two witnesses. It is the same for adultery (see chapter xxiv, verse 4).

Keep them in prison until some definite order is received. Those who take the crime to be adultery or fornication construe this definite order ("some other way") to mean some definite pronouncement by the Prophet under inspiration; this was the punishment of flogging under chapter xxiv, verse 2, for fornication, and stoning to death under the Prophet's directives for adultery.

*Surah An-Nisa, Verse 16:*

وَاللَّذَانِ يَأْتِيَانِهَا مِنكُمْ فَآذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَّحِيمًا

And the two persons (man and woman) among you who commit illegal sexual intercourse, punish them both. And if they repent (promise Allah that they will never repeat, i.e. commit illegal sexual intercourse and other similar sins) and do righteous good deeds, leave them alone. Surely, Allah is Ever the One Who accepts repentance, (and He is) Most Merciful.

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