The Practicality of Four Witnesses
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Peace guys,
When trying to convict someone of "lewdness" the Quran says the following
415 And those of your women who commit lewdness, you shall bring four witnesses over them from amongst you; if they bear witness, then you shall restrict them in the homes until death terminates their lives, or God makes for them a way out.
I'll quickly define lewdness lewd
?adjective -er, -est.- inclined to, characterized by, or inciting to lust or lechery; lascivious.
- obscene or indecent, as language or songs; salacious.
- Obsolete.
a. low, ignorant, or vulgar.
b. base, vile, or wicked, esp. of a person.
c. bad, worthless, or poor, esp. of a thing.
How practical is this? what are the chances of four people witnessing an act that is probably going to be committed in private? I remember reading somewhre that even the "Sharia" courts of Pakistan (Under Gen. Zia Ul Haq atleast) used something similar to the English case law system for convicting someone but still handed out the same Sharia punishments (amputations of various limbs)
Do you think its reasonable that someone is going to be caught with four witnesses? Or do you think that this is a form of protection against the accused in which case, it makes it next to impossible to convict someone even if they ARE guilty.
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Diem,
It is not at all possible to bring 4 witnesses. It is said in Quran only as a deterrent and to discourage those who engage in such activities. If you are a good samaritan then you should have prevented when you happened to see the act. Even a little bit of sound from faraway is sufficient to make the partied involved in it disengage. But 4 of these went silently tip-toeing, and saw the whole act lewdly, and when everything is over they stand witness for having watched the whole scene. Why did they not stop, preach and guide them. And according to Quran if you happen to see such things you should have walked away from the scene in a dignified manner. Then there is no force in Islam so there cannot be shariat court and its punishments.
According to 24 2 whoso stand witness must be real mumins having all the qualities of a Mumin. Above, an instance is given as to what a mumin must have done in such a situation. And if the punishment is to be given a party of good Mumins must witness it too. Can any of us say in the Name of Allah "I am a real mumin who commit not shirk; believer only in Allah for any of my needs in this earth; I am free from all inequities and there is no desire or lewdness in me; and I fear none but Allah?" None can! So he who stands witness is guilty and a kafir and a hypocrite. Curse be upon such witnesses!
If any of your family members does prostitution in the open then it matters.
Peace.
.
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Diem,
It is not at all possible to bring 4 witnesses. It is said in Quran only as a deterrent and to discourage those who engage in such activities. If you are a good samaritan then you should have prevented when you happened to see the act. Even a little bit of sound from faraway is sufficient to make the partied involved in it disengage. But 4 of these went silently tip-toeing, and saw the whole act lewdly, and when everything is over they stand witness for having watched the whole scene. Why did they not stop, preach and guide them. And according to Quran if you happen to see such things you should have walked away from the scene in a dignified manner. Then there is no force in Islam so there cannot be shariat court and its punishments.
According to 24 2 whoso stand witness must be real mumins having all the qualities of a Mumin. Above, an instance is given as to what a mumin must have done in such a situation. And if the punishment is to be given a party of good Mumins must witness it too. Can any of us say in the Name of Allah "I am a real mumin who commit not shirk; believer only in Allah for any of my needs in this earth; I am free from all inequities and there is no desire or lewdness in me; and I fear none but Allah?" None can! So he who stands witness is guilty and a kafir and a hypocrite. Curse be upon such witnesses!
If any of your family members does prostitution in the open then it matters.
Peace.
.
Then why include the ayah in the first place?
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Diem,
The ayah is to affirm the nature of the crime that adultery or prostitution is such a heinous act that can cause chaos of terrible nature in a society. Then comes the softening of the application of punishment, for in Allah's eyes every body's mind is of that nature. You have to follow Allah and keep yourself off and away from indulging in spreading such indecency. You will see you and I are not spared by Allah if you continue the reading up to ayah 20.
Salaam