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Law of Retaliation 2 - Al-Shia The Scientific and Cultural Website of Shia belief Law of Retaliation 2 2021-06-21 414 Views Islam and Justice , Retaliation , Law of Retaliation In continuation of the discussions on the laws of retaliation, we shall focus on other relevant aspects of the topic here. Second: Ways for Proving Applicability of Penal Laws Studying the ways of proving the applicability of penal laws displays other appearances of Islamic clemency and benevolence.
The applicability of many penal laws is proven with four witnesses or a confession at four different times. That is to say, for application of penal law for adultery, four just men shall testify that they have seen a man or woman committing adultery. Is it possible? We have not found even one case in the narrations and historical books where adultery is proven with the testimony of witnesses for applicability of penal law.
Therefore, this way is practically impossible, and this is a sort of Islamic clemency including such sinners. There are numerous conditions for the other way which is the confession of the sinner. For instance, he or she shall confess four times, and each confession shall be in a different place, and even if one confesses four times in one place, it is deemed as one time.
(1) Moreover, if the sinner repents to the Islamic judge before his or her conviction, and regrets what he or she has done, it is difficult to execute penal law for him or her.
(2) These points are mentioned in numerous narrations one of which is referred to here to see the Islamic benevolence and clemency of the real successor of (S), extended to the sinner who had referred to him willingly for judgment: An adulteress came to Hazrat ‘Ali (as) and asked him to purify her with the execution of penal law for adultery because the worldly chastisement is easier than the permanent and continuous punishment in the other world.
Imam said: Go and return after delivery of your child to be purified. The lady went and came back after childbirth and repeated her request. Imam asked several questions from her (hoping to dissuade her and make her hesitate in what she said). He said: Go and breastfeed your child and after infancy, come to purify you. The lady returned after two years and again repeated her request. Again Imam asked several questions and the lady replied.
Finally, Imam said: Go and nurture your child so that he could protect himself against the daily dangers. Then, come to be purified.