of Nekounam (Session 947)
The Holy Quran, like an illuminating lamp, is humanitys guide on the path of felicity and justice. The verses of Surah An-Nis, especially verses 15 and 16, address, from a historical and social perspective, topics such as legal punishments (Hudud) and immorality, reflecting the particular conditions of the Jahiliyyah society and the transformations following the advent of Islam. This treatise, through contemplation on these verses, undertakes an in-depth examination of Sharia rulings, the necessity of their reconsideration in light of social developments, and the role of the humanities in the understanding of religion. Its objective is to elucidate, with a comprehensive and multidisciplinary approach, the linkage between divine ordinances and contemporary social realities, so that religion, as a living and dynamic current, may respond effectively to the needs of the era.
Surah An-Nis, as a treasury of divine rulings, encompasses a variety of subjects ranging from inheritance to legal punishments (Hudud). This diversity indicates the flexibility of Sharia in responding to the social needs at the time of revelation. Some rulings in this Surah, which at first glance may appear medieval, gain meaning within their historical context and have been abrogated by subsequent developments. This characteristic, like a mirror, reveals the adaptability of religion to changing social circumstances.
The Jahili society, particularly the Arabs prior to Islam, was engulfed in the darkness of ignorance and corruption. Immorality, including adultery and sodomy, was so widespread in this society that brothels operated officially under designated flags. This condition, like a wound on the moral fabric, justified the necessity of strict rulings at that time. The Holy Quran, through the revelation of verses such as verse 15 of Surah An-Nis, addressed the correction of these disorders, although some of these rulings were later replaced with more lenient ones.
"And those of your women who commit immoralitybring against them four [witnesses] from among you. And if they testify, confine them to houses until death takes them or Allah ordains for them [another] way."
This verse refers to the punishment of women who commit immorality. The term Fisha in this context includes adultery, sodomy, and lesbianism, but generally denotes any morally reprehensible act. The phrase "from among your women" has a broad scope, encompassing wives, sisters, daughters, and other women related to the individual, indicating a social responsibility towards women. The requirement of four just witnesses to prove the crime acts as a strong safeguard against baseless punishments.
The punishment prescribed is house confinement until death or until God provides a way out. This way out can be regarded as a ray of divine mercy, possibly through natural death, unforeseen events such as an earthquake, or repentance. However, this verse was abrogated during the time of the Holy Prophet (peace be upon him) and replaced with the more lenient punishment of one hundred lashes. This abrogation, like a breeze dispersing dark clouds, demonstrates the flexibility of Sharia in the face of social developments.
Proving immorality, especially adultery, under the condition of kalml f al-mkala (clear and direct observation of the act) is practically impossible. This requirement is designed to protect the privacy of individuals. Moreover, the just witness who observes the forbidden act becomes themselves sinful, and their testimony is invalidated. This contradiction acts as a lock on the door of punishment, rendering the enforcement of Hudud unlikely, and emphasising divine mercy and justice.
"And the two who commit it from among youpunish them both. But if they repent and amend, then leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful."
This verse addresses both the man and woman who commit immorality and prescribes the punishment of punishment. In this context, punishment means social humiliation, reproach, or verbal censure, which differs from the physical Hudud (lashes). This method, like a mirror reflecting faults, aims at social reform without corporeal violence. If the offenders repent and reform their behaviour, society must desist from punishing them, which is like a gateway towards divine mercy, underscoring Gods acceptance of repentance and kindness.
The world, humanity, and their ethics, like a flowing river, are constantly undergoing change and transformation. No law, not even Sharia rulings, can remain eternally fixed. This mutability, like a breeze moving the branches, is essential for the vitality of religion. The slogan permissible until the Day of Judgment and forbidden until the Day of Judgment is incompatible with the mutable social realities, as social subjects alter rulings.
Modern religion, like a robust tree, requires experts skilled in diverse fields such as philosophy, psychology, sociology, and history. These experts, within a society equipped with scientific laboratories, birthing centres for new rulings, and pruning places for obsolete rulings, can cleanse religion of superstition and synchronise it with the needs of the time. The absence of such knowledge drags religion into the abyss of superstition and diminishes its efficacy.
The religious community must function like a dynamic workshop, producing new rulings and discarding obsolete ones. This process requires a scientific framework in which multidisciplinary scholars review and codify rulings. This structure acts as a bridge linking religion to the modern world.
Poverty, like a sinister shadow, drives individuals towards theft and immorality. In a society lacking minimum living facilities, enforcing Hudud constitutes injustice and unbelief. Theft and begging under necessity are permissible, even commendable, principle of the lesser of two evils, since they inflict less damage on the fabric of society than immorality.
Immorality in the contemporary world, especially within social networks, has spread like a smouldering fire beneath ashes. Exhibitionism in these spheres has weakened moral values and normalised inappropriate behaviours. This challenge, like a storm threatening moral foundations, necessitates the reconsideration of traditional rulings.
In some countries, immorality is institutionalised as a legal profession with tax payments and advanced security systems. This situation serves as a warning bell signalling the inefficacy of traditional systems in protecting morality. Modern religion must respond to these challenges with a scientific approach.
Traditional religious knowledge, like an ancient book against new winds, lacks the capacity to address modern issues. This inefficiency has occasionally resulted in ethical corruption among religious scholars, which acts like a thorn in the eye, tarnishing the credibility of religion. Modern ijtihad, grounded in the humanities, can compensate for these deficiencies.
Corruption, like a cow grazing in a meadow, contaminates the entire society. This corruption, spanning from religious domains to modern brothels, indicates the failure of traditional systems. Reforming this condition, like rebuilding a dilapidated structure, requires scientific frameworks and effective management.
Verses 15 and 16 of Surah An-Nis, like two gems in the shell of the Holy Quran, explicate rulings on immorality within their historical context. These rulings, abrogated in the era of the Holy Prophet (peace be upon him), exemplify the dynamism of Sharia in response to social developments. Poverty, corruption, and the inefficiency of traditional religious science constitute challenges that render the implementation of Hudud in contemporary society unjust. Theft and begging out of necessity, as responses to need, take precedence over immorality. Modern religion, like a tree whose branches sway in harmony with the winds of the time, requires scientific and multidisciplinary ijtihad to free itself from superstition and synchronise with the demands of the present age.
Under the supervision of Sadegh Khademi
