ভূমিকা

Shiavault - a Vault of Shia Islamic Books Al-mizan an Exegesis of the Qur'an (volume Eight) Volume 8: Surah An-nisaa, Verses 15-16 And as for those who are guilty of indecency from among your women, call to witness against them four (witnesses) from among you; then if they bear witness confine them to the houses until death takes them away or Allah makes some way for them (15).

And as for the two who are guilty of it from among you, afflict them both; then if they repent and amend, turn aside from them; surely Allah is Oft-returning (to mercy), the Merciful (16). COMMENTARY Qur'an: And as for those who are guilty ... from among you: Atah and ata bihi (translated here as being guilty) actually means "doing it".

al-Fahishah is derived from al-fuhsh (indecency); thus al-fahishah means indecent behavior; it is generally used in the meaning of fornication; it has also been used in the Qur'an for sodomy or for sodomy and lesbianism both, as Allah quotes Lut (a.s.) as saying: Most surely you are guilty of an indecency which none of the nations has ever done before you (29:28). Apparently this word refers here to fornication, as explained by all the exegetes.

They have narrated that when the verse of flogging was revealed, the Prophet said that the flogging is the way Allah has opened for them when they are guilty of fornication.

It is also supported by the style of the verse which clearly shows that this order was to be abrogated soon, as Allah says: or Allah makes some way for them; and nobody has said that the penalty of lesbianism was abrogated by any succeeding order, nor that this penalty [of flogging] was meted out to anyone guilty of lesbianism; [all this together shows that this verse is not concerned with sodomy or lesbianism].

The phrase, "four (witnesses) from among you", indicates that the witnesses should be males [because the pronoun used for 'you' is of masculine gender]. Qur'an: then if they bear witness confine them . . . some way for them: The confinement, that, is, perpetual imprisonment, depends on the evidence, not on actual guilt without the required evidence although it might be known; it is one of the mercies of Allah on the ummah showing His magnanimity and forbearance.

The punishment is perpetual confinement; it is clearly indicated by the prescribed limit, "until death takes them away".