• Adultery: Punishment and marriage
May I ask about the case when a man seduces a young woman to have intercourse with him: how are they to be punished? Is there any punishments for the girl's family, or her relatives who live in the same city? Should they try to get the man to marry the girl? Can she marry another person?
This involves an offense which carries a specified punishment in addition to one for which the punishment is discretionary. It is stated in the Qur'an that the punishment for fornication or adultery between unmarried partners is 100 lashes and the enforcement of the punishment must take place in public. However, for such punishment to take place, the legal system in the country must be the Islamic system. Moreover, guilt must be established in accordance with Islamic requirements which are very stringent indeed.In the case of adultery, proof of guilt requires either a free confession or four witnesses to testify under oath that they have seen with their own eyes the offense being committed. It is not sufficient that they testify that the couple were in bed in a condition which makes it very reasonable to assume that adultery had taken place. In such matters Islam does not accept any subjective judgment by anyone. The testimony must be based on hard facts. If witnesses are found to testify to adultery but they have not seen the offense being committed then they incur the punishment of "false accusation of adultery" which is 80 lashes and the deprivation of the right to testify on any matter whatsoever.
Having said that, I should add that Islamic punishments and the Islamic legal code generally may be carried out only by a government authority that is committed to the implementation of Islam as a whole. Hence, in this case, if the local government does not implement Islamic law, there is no way for the girl's family to seek its implementation. They need not be over concerned with that because the enforcement of punishments is not a serious issue.
If the man concerned has taken advantage of the girl and left her high and dry, the family must consider the option which ensures least damage to the girl and her family. The less publicity given to the whole matter the better. What the family should do on the other hand is to review the whole situation in order to determine where they went wrong and made it easy for a man to seduce their daughter. They may discover that they had not given their daughter a solid Islamic education to protect her against any one who may try to take advantage of her tender years. As for the possibility of the girl marrying another man, there is no barrier to prevent that if the girl has repented of her slip and wishes to lead a virtuous type of life, in accordance with Islamic teachings and principles.
I was told by a learned person that any mishap that befalls a human being serves as a "processing factor." Please comment.
In an authentic Hadith, the Prophet, peace be upon him, says: "I have wondered at the situation of a believer, which can only be claimed by a true believer and no one else. Whatever befalls him is for his own good. If something good occurs in his life, he thanks God, and that is to his own good. If he, on the other hand, suffers a misfortune, he remains patient in adversity, and that is to his own good." In both cases of gratitude for a favorable development and perseverance in the case of misfortune, a believer receives reward. If that is what your learned scholar meant, then he is certainly right.
How can I advise my parents and elders to offer their prayers regularly and to fast during Ramadhan?
The Prophet says: "Good faith is to give good counsel." In his reply for a clarification as to whom good counsel should be given, the Prophet included the leaders of the Muslim community and everyone in that community. Encouraging anyone to attend regularly to his prayers and Islamic duties is certainly to give him good counsel. If one's parents are lax in observing such duties, it is certainly required of their son to try to persuade them to do so. In so doing, he should be gentle and kind and should remind them of the gravity of incurring Allah's displeasure. He should also show them that it is very easy to observe such duties. One should not give the impression that he is a better person than the one he advises. This is particularly offensive if it is addressed to a parent or an elder.
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