Inquiries on the Science of the Objectives of Sharia (Part 43)
C: Negative Means for Preserving Lineage
Islam not only emphasizes positive means such as marriage but also legislates negative measures to preserve lineage. Some of the most important of these means are:
1. Prohibition of Adultery and the Factors Leading to It
The Holy Quran considers adultery to be one of the major sins and has forbidden righteous servants from it: «وَالَّذِينَ لَا يَدْعُونَ مَعَ اللَّهِ إِلَهاً آخَرَ وَلَا يَقْتُلُونَ النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ وَلَا يَزْنُونَ…» Translation: “And those who do not call upon any god other than Allah, and do not kill the soul that Allah has forbidden except for justice, and do not commit adultery…”
The Messenger of Allah (PBUH) said in a hadith: «لَا يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ إِلَّا بِإِحْدَى ثَلَاثٍ: الثَّيِّبُ الزَّانِي، وَالنَّفْسُ بِالنَّفْسِ، وَالتَّارِكُ لِدِينِهِ، الْمُفَارِقُ لِلْجَمَاعَةِ» Translation: “The blood of a Muslim is not permissible except in one of three cases: the adulterer after marriage, the one who kills a person unjustly, and the one who abandons his religion and leaves the Muslim community.”
In order to prevent adultery and protect lineage, Islamic law has made legal punishment obligatory. The Holy Qur’an states in Surah Noor: «الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِائَةَ جَلْدَةٍ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ…» Translation: “Give the adulterous man and woman a hundred lashes each, and do not be complacent in the execution of Allah’s decree, if you believe in Allah and the Day of Judgment.”
The Messenger of Allah (PBUH) also said in a hadith: «البِكْرُ بِالبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ سَنَةٍ، وَالثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ» Translation: “If a man and a woman commit adultery while they are unmarried, they will each receive one hundred lashes and be exiled for a year; but if they are married, they will receive one hundred lashes and then be stoned to death.”
Islamic law protects lineage by encouraging marriage and establishing deterrents for crimes such as adultery. These positive and negative measures demonstrate the divine wisdom behind ensuring social health and the survival of the human race.
Imam Ghazali (MAPH) said: “The imposition of the punishment for adultery is aimed at preserving lineage. Allah Almighty has made marriage lawful for the survival of the race and has forbidden adultery, slander, and similar acts to protect it.”
In addition to prohibiting adultery, Islamic law has declared all means that lead to adultery as forbidden. As Allah Almighty states in Surah Al-Isra: «وَلَا تَقْرَبُوا الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا» Translation: “Do not approach [the factors leading to] adultery [and its precursors such as: looking at the opposite sex, not wearing a hijab, being alone with a stranger, being in corrupt environments, and looking at immoral images and films], for adultery is a very ugly sin and the worst way.”
Accordingly, being alone with a non-mahram woman is forbidden. Jabir (MAPH) narrated that the Prophet (PBUH) said: «مَنْ كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ فَلَا يَخْلُوَنَّ بِامْرَأَةٍ لَيْسَ مَعَهَا ذُو مَحْرَمٍ مِنْهَا، فَإِنَّ ثَالِثَهُمَا الشَّيْطَانُ» Translation: “Whoever believes in Allah and the Last Day should not be alone with a woman unless she has a mahram with her, for in that case, Satan will be the third party and will tempt them.”
These instances of solitude can sometimes lead to greater tragedies such as murder. As Uqbah ibn Amir (MAPH) narrated, the Messenger of Allah (PBUH) said: “Beware and do not approach women.” One of the Ansar asked: “O Messenger of Allah! What is the ruling on the privacy of a married man’s relatives with his wife?” The Prophet (PBUH) responded: «الحَمْوُ المَوْتُ» Translation: “The privacy of a married man’s relatives with his wife is like deadly poison.”
Due to the intimacy created by familial ties, corruption is more likely in these situations. To preserve the purity of lineage, it is not permissible for a married man’s relatives to be alone with his wife.
2. Prohibition of Sodomy and Homosexuality
Islamic law has declared that not only adultery but also any sexual deviation such as sodomy and homosexuality are forbidden. In addition to destroying morality, these acts lead to physical and social diseases. The Prophet (PBUH) remarked: «مَنْ وَجَدْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ، فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِهِ» Translation: “Whoever you find doing the deed of the people of Lot, kill both the one who does it and the one to whom it is done.”
Additionally, another narration from Abdullah ibn Abbas (MAPH) states that the Prophet (PBUH) said: «لَعَنَ اللَّهُ مَنْ عَمِلَ عَمَلَ قَوْمِ لُوطٍ» Translation: “May Allah curse anyone who performs the actions of the people of Lot.”
The jurists agree on the punishment for this crime, advocating for the most severe measures, though there is disagreement regarding the specific type of punishment. Some advocate for outright execution, while others suggest it should be treated as adultery, and another group supports Ta’zir (discretionary punishment). It is narrated that Hazrat Ali (MAPH) stated: “This is a sin that no nation before us has committed, and Allah dealt with them in the most severe way. Our opinion is that such individuals should be burned.”
3. Prohibition of Qazf (False Accusation of Adultery or Sodomy)
To preserve lineage, Islamic law has also prohibited Qazf. Allah Almighty states: «وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمُ الْفَاسِقُونَ.» Translation: “And those who accuse chaste women of adultery and do not bring four witnesses, then flog them with eighty lashes and do not accept their testimony ever, for they are the transgressors.”
This ruling underscores the extreme importance that Sharia places on preserving the honor and dignity of individuals. In addition to destroying kinship ties and fostering suspicion, Qazf also undermines social trust and tarnishes individuals’ reputations.
