The punishment of lashing is not meant to inflict physical injury

[Zainab_M]

 






Here's an interesting issue ...
 
We all know that the Noble Quran is based on compassion and mutual sympathy.  I was told by my late beloved father who was extremely well read, Alhumdulilah, and also by several others among my very learned acquaintances that the basic purpose of the Islamic punishment of lashes or stripes is not to inflict physical injury or pain but for the purpose of social or personal humiliation that might tarnish a person's moral record with truth.  That by itself was the biggest punishment - the humiliation.  Such an embarrassment during and around the 7th century era was considered a big price to pay (especially for the elites) for any crime or offence they committed,  the culture of class distinctions being deep-rooted.  Of course, to a great extent, such a culture still exists everywhere in the world.  For instance, some notable of an influential tribe being punished by a commoner representing the law was too huge an infra dig to the culture of social distinctions.

Moreover, this step can only be taken after it's proven in a court of law that the unmarried couple were involved in sexual intimacy, usually in the case of repeated offenders.  There has to be a minimal of four witnesses who can testify having knowledge of the unmarried couple's romantic relations of a type that could lead to zina.  Reference Verses 24:12-13 in regard to the slanderers of Aisha.  If you accuse someone randomly without witnesses, you damage your own credibility and if proven, the punishment for you could be similar (80 lashes) for dishonoring someone's reputation (Reference Verse 24:4). 

Also, in the Noble Quran there is the ruling of Li'an for married men or women accusing their spouse of adultery without evidence.  In such a case the conviction or exoneration of the accused in based purely on trust.  E.g.  if a husband accuses the wife of adultery but has no proof.  In response, the wife must take an oath five times that his accusation is false.  By refuting the accusation the fifth time under oath, the wife is deemed innocent.  In case she is lies under oath, the curse of Allah will be on her on the Day of Judgment.  But in this world no punitive measures can be taken against her.  Same is the process if a wife accuses her husband of adultery without evidence.  Please refer to Quranic Verses 24:6-9 Surah An-Nur.    The ruling of Li'an is based on pure trust.
 
The laws of the Noble Quran implemented during the reign of the four righteous Caliphs were the closest in conformity with Quranic values and its broader principles than at any other time.  According to various well established historical data, during their rule when a person was given the task of carrying out the punishment of lashing, he was not allowed to raise the whip or cane more than approximately 6 inches above the body of the convicted person.  And to make sure that he (the person carrying out the punishment) didn't disobey this rule, both his upper arms were tied with a rope around his body .. thus, tying both joints of his upper arms to his body.  He could only move his lower arms freely, making it impossible for him to raise the cane more than just a few inches above the prisoner's body.  Therefore, the lashes would not cause any severe injuries or pain. 
 
I'm sure that in our complex Ummah of today there's bound to be much differences of opinion on such an issue, mainly because of all the different ideas poured in by the Hadith.  But considering the fact that I've never come across any information (not even any Hadith which is often highly exaggerated to make Islam look cruel) mentioning even a single incidence of physical injury, pain or agony suffered because of lashing, apparently this interpretation appears very credible.

The point most important to remember here is the punishment in the Hereafter for engaging in illegal sex during earthly life as asserted by The Almighty.  Even if an unrepentant person escapes every bit of punishment in earthly life, it isn't enough reason to feel happy considering what awaits them in the Hereafter from which there is no escape. 

" .. and do not commit unlawful sexual intercourse.  And whoever should do that will meet a penalty.  The doom will be doubled for him on the Day of Resurrection, and he will abide therein disdained for ever;  Save him who repents and believes and does righteous work;"  25:68-70  Al-Furqan.

The above Verse refers to both men and women indulging in such acts. 

 
Allah is best informed of the truth.  May He grant guidance to all ..



Relate post:
Rape victims not required to produce any witnesses 

[Ruhi_Rose]

As a kid I learned the same from family and teachers.  I have no doubt that it is correct.  But you know the type of people that exist in our community presently.  They literally enjoy mis-representing Islam as a ruthless ideology.  Apparently it's the affect of Hadith from which spring the Sharia and Hudud laws.  So I am quite sure that if you tell them about this, they won't accept it.   

[Heba E. Husseyn]

For sure history lovers & explorers have a lot to say on this issue that don't concur with traditional interpretations .... that the method of lashing in the era of the Prophet  and his immediate successors was very different compared to the way it's done today in Saudi Arabia etc. under the salaf / wahabi laws.  In those days it was no more than a mild canning of a school teacher.  No physical injury would be caused.  Maybe just a slight backache from bending the body.  People could easily walk back home after it was over.

I'll also try to search out some more information on this .. InshAllah

[Zainab_M]

I'll also try to search out some more information on this .. InshAllah

Current research only gives info from Hadith or from hostile non-Muslim sites for defamation & propaganda.  In order to find out more, one would need to dig into some of those real priceless Islamic history books penned by truly unbiased and learned researchers (orientalists included) of the yester times when political extremism didn't exist sectarian bias was at its minimal.  For example, I'm sure many such useful data would be found in a lot of those unique history books that were recently destroyed in Iraq during the destruction of the great Islamic library after the fall of Baghdad in April 2003. 

The reason nothing worthwhile comes from the research at present on matters like these is because neither the Hadithers nor the hardline non-Muslims are interested in promoting truth.   Based on their own differing purposes, they're both dismissive of the Quran, let alone studying & contemplating on Quranic values. 

However, it's an established historical fact that lashing during the time of the Prophet (pbuh) and the four righteous Caliphs was done in a very different way than today as implemented by the Salaf / Wahabi doctrine who refer to it as 'flogging.'  Actually, this punishment also prevails in countries like Singapore and mainland China, carried out in much the same manner as present-day Saudi Arabia and certain other countries. 

Salaams and peace to all ..