Safiyya Hussaini’s
Conviction under Islamic Penal Law (Hadd) in Nigeria
According to the Islamic law, Hadd is defined as a specific
punishment for committing a specific crime which is the right
of God and human beings. (Hidaaya vol.2 pg.506; Ilmiyyah)
Islam propagates respecting life, wealth and honour. The
Prophet Muhammad (may the peace and blessings be upon him)
declared in his farewell pilgrimage, ‘Behold, Verily your
blood, your wealth and your honour is sanctified like the
sanctity of this day (the tenth of Dhul-Hijjah – last month of
the lunar calendar when Muslims perform Hajj and sacrifice
animals), this month (Dhul-Hijjah) and this city (Makkah).’ (Bukhari
vol.1 pg.234; Qadeemi) All three are sanctified by a believer.
The purpose of punishments is to deter criminals from
committing crimes that will effect the safety of one’s life,
wealth and honour. The punishment of cutting the hands for
theft is a means of protecting one’s wealth. The punishment of
lashing a person for false accusations is a means of
protecting one’s integrity. Similarly, the punishment of
stoning a married person to death for committing adultery is a
means of protection from all the evils that emanate from the
evil of adultery which leads to breaking of families,
abortion, illegitimate children, etc. Each one of these evils
have become an unbearable burden even to the first world
countries.
Morality and behaviour is not an individual matter. They
are the responsibility of the entire society. The result is a
nation close to being crime free. Consider the following:
Amnesty International reports that Saudi Arabia executed about
766 criminals between 1990 and 1999. The United States, with
about thirteen times the population of Saudi Arabia, executed
85 prisoners in 2000 including 40 in Texas alone. (Electronic
Passport; mrdowling.com) Many Americans live in gated
communities with expensive security systems. It is not
uncommon to see American homeowners place bars over their
windows. (Ibid)
The implementing of Islamic penal law in Zamfara state,
Nigeria has yielded the following results: "We in Zamfara
State are now free of all social vices because of the
uniqueness of Sharia. We are happy about its introduction by
Governor Ahmed Sani because you don't see any gambling,
drinking or beer and prostitution like before." (allafrica.com)
THE ISLAMIC PUNISHMENT FOR ADULTERY
The punishment for adultery
has two categories: Adultery committed by an unmarried person
or a married person. This distinction becomes necessary
because the punishment varies for both. Punishment of adultery
for an unmarried person is 100 strokes of lashes. (Qur’aan -
Chapter 24 verse 2) Punishment of adultery for a married
person is stoning to death, if he/she is; a) A free person
(not a slave), b) Sane, c) Physically mature, d) Muslim, e)
Married, f) Had intimacy with his spouse. (Hidaaya vol.2
pg.507; Ilmiyyah) This punishment was unanimously upheld by
all the Islamic Jurists based on the order and practice by
Prophet Muhammad (may peace be upon him).
A person is convicted of the
offence of adultery based on the following:
1. The accusation is supported
by four honourable witnesses.
2. The person himself makes a clear confession. (Ibid)
God in His infinite wisdom,
while prescribing severe punishment for adultery, at the same
time laid down stringent standards of proof and procedure for
the conviction of adultery. The punishment serves as a
deterrent to adulterers and fornicators while the standard of
proof protects individuals from committing slander and
character assassination.
The crime must be proven beyond the shadow of doubt as the
Prophet Muhammad (Sallallaahu Alayhi Wasallam) is
understood to have stated, ‘Hudood will fall off due to
doubts.’ (Tirmidhi vol.1 pg.268; HM Saeed)
The laws of evidence in Islamic law are strict. If the
witnesses are not honourable as stipulated in Islamic law or
there is any inconsistency in any one of the witnesses
statements, the accused will not be convicted. In fact, the
witnesses will be punished for making a false allegation. (Shaami
vol.4 pg.8; HM Saeed). If the Qaadhi (presiding Muslim judge)
is satisfied that the allegation is true and proven beyond the
shadow of doubt will he issue the decree of punishment for
adultery.
We are unable to comment on Safiyya Hussaini’s conviction
as we do not know the actual details of her case. The
information provided by the Print Media is not sufficient for
us to formulate an opinion. However, if Safiyyah confessed
committing adultery, then the ruling of stoning her to death
was appropriate if all the conditions explained above were
fulfilled. Her acquittal by the Muslim Appeal Court on the
basis of not having sufficient evidence to justify the
punishment is incorrect as this was a case of confession and
not accusation.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
Last modified:
July 19, 2007
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