Kamal F. Ishak

I) Lying in Islam.

Lying in Islam - Islam's Doctrine of Deception.

 

Muslims say that Islam forbids lying.

(Sura XL, v. 28) “If he is a liar, his lying will rebound upon him;... Allah does not guide the extravagant imposter.

 

('Abdullah) “Allah's Messenger” said: It is obligatory for you to tell the truth, for truth leads to virtue and virtue leads to Paradise, and the man who continues to speak the truth and endeavours to tell the truth is eventually recorded as truthful with Allah; beware of telling of  lies, for telling of a lie leads to obscenity and obscenity leads to Hell-Fire, and the person who keeps telling lies and endeavours to tell lies is recorded as a liar with Allah. (Sahih Mulim, Book 32, n. 6309).

 

In fact, Islam not only permits lying but also encourages it. There are many Islamic principles derived from the Qur'an and Hadith that allow Muslims to lie, such as: War is a hoax - Necessities override prohibitions - In case of the two ignominies choose the less harmful (and reject the sever one).

 

The Qur'an sometimes calls Muslims to lie:

(Sura II, v. 225) “Allah does not hold you responsible for your falsehood in oaths, but He holds you responsible for your intentions. Allah is Forgiving and Forbearing.”

In spite of falsehood in oaths, some translators of the Qur’an write “unintentional oaths”, which is quiet different. 

 

Islamic law assert that IT IS EXCELLENT TO BREAK THE VOW IF ONE FINDS IT BETTER DOING THAT WHICH IS AGAINST THIS VOW ONE SHOULD EXPIATE IT.  (Sahih Muslim).

Muhammad himself applied this own rule.

(Abu Mousa) I came to “Allah's Apostle” along with a group of my people, and it happened that we met him while he was in an angry mood. He was distributing some animals of charity. We requested with insistence to give us a share in nome di Allah. He swore that he would not provide us with anything mount saying: By Allah, I have nothing to give you as a ride. So, we stayed there for a time. Then there were brought to him (to the Prophet) some camels as looted booty. He then ordered to give us 3 or 5 white humped camels. We went. But some of us said to the others: Allah will not bless us. We returned to the “Allah's Messenger”, saying: We asked you, and you swore that you should not give us, we thought that thou had forgotten your oath. Whereupon the Prophet said: It was not I who provided you with a mount, He is Allah who gave you, by Allah, so far as I am concerned, I would swear, but if, later on, I would see better than it, I (would break the vow) and expiate it and do that which is better. (Bukhari) - (Sahih Muslim).

 

The Hadith confirms the concept of authorization of lying. 

(Umm Kulthum daughter of 'Uqba, and she was one amongst the first emigrants who pledged allegiance to “Allah's Apostle”, as saying that she heard “Allah's Messenger” as saying: A liar is not one who tries to bring reconciliation amongst people and speaks good (in order to avert dispute), or he conveys good.

Ibn Shihab said he did not hear that exemption was granted in anything what the people speak as lie but in three cases: in battle, for bringing reconciliation amongst persons and the narration of the words of the husband to his wife, and the narration of the words of a wife to her husband (in a twisted form in order to bring reconciliation between them). (Sahih Muslim, Book 32, n. 6303)

 

“It is not lawful to lie except in three cases: Something the man tells his wife to please her, to lie during war, and to lie in order to bring peace between the people.” (Tirmidhi, n. 1938)

There is Hadith that sets out some details.

(Asma' Bint Yazid) The “Messenger of Allah” said: All kinds of lies are written (as sins) against the son of Adam (a human being), except when a man tells lies therewith he seeks to make reconciliation between Muslims." (This narration is reported by Ahmad).

It is possible to lie for reconciliation between Muslims only!

 

The Qur'an admits lies to the extent of denying Islam and insulting the Prophet.

(Sura XVI, v. 106) “Whoever renounces faith in Allah after having believed—except for someone who is compelled, while his heart rests securely in faith— but whoever willingly opens up his heart to disbelief—upon them falls wrath from God, and for them is a tremendous torment.”.

 

(Ibn 'Abbas) “This verse was revealed about 'Ammar ibn Yasir. The idolaters had taken him away along with his father Yasir, his mother and others, and tortured them. As for 'Ammar, he was coerced to deny the new creed. The “Messenger of Allah” was told that 'Ammar has renounced faith…! 'Ammar then went to see the “Messenger of Allah” crying. The Prophet wiped his tears and said: If they return to you, let them hear again what you told them (If they take you again, lie again). Then, Allah revealed this verse. (Interpretation of Tabari).

 

***

 

The islamic principle of TAQIYYA must be mentioned here.

TAQIYYA  - “Dissimulation”. Islam's Doctrine of Deception.

 

There are two forms of lying to non-believers that are islamicaly permitted, TAQIYYA and KITMAN.

The purpose is to achieve the advance the cause Islam, by gaining the trust of non-believers in order to draw out their vulnerability and defeat them.

TAQIYYA: From the root word WAQA, “to safeguard”: caution, fear, self-protection; and hence “dissimulation” [in order to protect oneself].

KITMAN: Disguise, . 

Both are technical terms within the Islamic belief for dispensation from the requirements of religion under compulsion or threat of injury, due to fear of physical or mental damage.

 

(Sura III, v. 28) “Let not the believers Take for friends or helpers Unbelievers rather than believers: if any do that, in nothing will there be help from Allah, except by TAQIYYA, that ye may Guard yourselves from them. But Allah cautions you NAFSAHU.”.

This verse tells Muslims not to take non-Muslims as friends, unless it is to "guard themselves" .

The Qur’an verse is somewhat not clear. NAFSAHU means Allah “Himself” is referring to “the same thing”, i.e. the act of TAQIYYA?

 

Himself, the Prophet of Islam applied the hypocrisy.

(Aisha, the wife of the Prophet) A man asked permission to come in to see the “Messenger of Allah”. The “Messenger of Allah” said: He is an evil member of his tribe. Then he gave him permission. (Aisha continued) It was not long before I heard the “Messenger of Allah” speaking softly with that man, and laughing with him. When the man left, I said: Oh “Messenger of Allah”, you said what you said about him, and then before long you were laughing with him? The “Messenger of Allah” replied: Among the most evil of people is the one whom people are cautious with because of his evil. (Muatta Malik, n. 47.1.4).

(Jabir) The Prophet said: Blandishment people is a charity. (Tabarani in the middle).

(Abu Huraira) TheProphet said: The most reasonable thing after belief in Allah is the cajolery of people. (The Baz’zar).

(Ibn Battal, a Muslim Scholar) Flattery is a genuine element of the morals of the Muslim believers.

(Safwan ibn Assal) The “Messenger of Allah” said (about someone): He is a hypocrite, I adulate him for his hypocrisy, as I’m afraid that it will spoil others. (The Ornament of the Awliya’a).

Muhammad used hypocrisy with whom he called “hypocrite”!

 

Islamic TAQIYYA is still valid?

(Al-Hasan) The TAQIYYA is valid till the Day of Resurrection.

(Mujahid) The application of TAQIYYA was valid in the beginning of Islam, because of the weakness of the believers; but now that the Islamic government has got power and strength, it is not valid. 

(Hassan al-Basri) TAQIYYA is allowed to the Muslims up to the day of resurrection. And this opinion is more acceptable because it is a must, to keep off all types of harm from one’s self as much as possible. (Razi, Tafsir)

As usual in Islam, nothing is well defined.

 

(Al-Hassan al-Basri) For the believer, TAQIYYA is permissible until the Day of Resurrection. Dissimulation of Muslim is to be practiced to protect oneself from punishment though false declaration, while thinking otherwise. Some people refuse it saying: It's hypocrisy, but it is true that it is permissible, the Qur’an says “you should guard yourselves against them by TAQIYYA, guarding carefully”. (Sarkhassi in “Mabsot”). 

Muslims admit that TAQIYYA is a kind of hypocrisy.  

It is an eternal doctrinal teaching according to the belief of Islam, exactly similar to the duty of jihad. 

The concept of TAQIYYA, Dissimulation, may be applied to both words and deeds.

The "official" Islamic doctrine denies the possibility of using TAQIYYA in case of grave and imminent threat to personal safety. Nonetheless, often Muslims practice this concept cunningly for proselytism in Western countries, concealing many aspects of Islam that are not shared by the majority of non-Muslims.

 

Allah gives allowance of perjury of one’s oaths.

(Sura IX, v. 3) “announcement from Allah and His Messenger, to the people ..., that Allah and His Messenger dissolve (treaty) obligations with the unbelievers.”

The dissolution of oaths with the non-Muslims, and freedom from liability to them is islamically legal.  They are evicted anyway.

We can attribute the above mentioned to the characteristics of Allah.

(Sura III, v. 54) “And (the unbelievers) deceived, and Allah deceived too, and the best of deceivers is Allah.”.

This is one of many verses of the Koran incorrectly translated in English. The tendentious version reads: “plotted and planned”, and Allah too “weaves”. Allah is the best of “planners”. The Arabic word used here is Makara, which literally means "cheated" or “deceived” slyly. The purpose is too clear .. to deceive readers.

Allah is the extreme deceiver. (See also Sura VIII, v. Sura 30 and X, v. 21).

The Arabic word used here is MAKARA, which literally means 'deceit'. 

Allah is supremely deceitful. (See also Sura VIII, v. 30 and Sura X, v. 21).

 

For Muslims, the end justifies the means.

 

***

 

We repeat the Quranic text:

(Sura II, v. 225) “Allah does not hold you responsible for your falsehood in oaths, but He holds you responsible for your intentions. Allah is Forgiving and Forbearing.”

Allah of Muslim tolerates perjury.

 

Punishment of the false vows:

(Sura V, v. 89) “God does not hold you accountable for your falsehood in oaths, but He holds you accountable for your binding oaths. The atonement for it is by feeding ten needy people from the average of what you feed your families, or by clothing them, or by freeing a slave. Anyone who lacks the means shall fast for three days. That is the atonement for breaking your oaths when you have sworn them. So keep your oaths. Thus Allah makes clear His Revelations to you, that you may be grateful.

 

(Al-Hasan) "falsehood in oaths" is that you swear about something without knowing it; but the accusation and the redemption of what you swore are with knowledge. (Tafsir of Tabari).

 

Allah of the Muslims forgives the Muslim for lying after performing some of the obligatory duties as expiation. We note here the options to be chosen. There is no constraint for releasing of a slave or prisoner. It is enough to fast three days, so it is expiation for violating oath.

 

How can justice be established among people and they can lie in the courts?

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II) Witnesses in Islamic Courts.

 

(Sura II, v. 282-283) “O you who believe! When you incur debt among yourselves for a certain period of time, write it down. And have a scribe write in your presence, in all fairness. And let no scribe refuse to write, as Allah has taught him. So let him write, and let the debtor dictate. And let him fear God, his Lord, and diminish nothing from it. But if the debtor is mentally deficient, or weak, or unable to dictate, then let his guardian dictate with honesty. And call to witness two men from among you. If two men are not available, then one man and two women whose testimony is acceptable to all—if one of them fails to remember, the other would remind her. Witnesses must not refuse when called upon. And do not think it too trivial to write down, whether small or large, including the time of repayment. That is more equitable with God, and stronger as evidence, and more likely to prevent doubt—except in the case of a spot transaction between you—then there is no blame on you if you do not write it down. And let there be witnesses whenever you conclude a contract, and let no harm be done to either scribe or witness. If you do that, it is corruption on your part. And fear God. Allah teaches you. Allah is aware of everything.

283. If you are on a journey, and cannot find a scribe, then a security deposit should be handed over. But if you trust one another, let the trustee fulfill his trust, and let him fear God, his Lord. And do not conceal testimony. Whoever conceals it is sinner at heart. Allah is aware of what you do. To Allah belongs everything in the heavens and the earth. Whether you reveal what is within your selves, or conceal it, Allah will call you to account for it. He forgives whom He wills, and He punishes whom He wills. Allah is Able to do all things.)

 

The basic conditions of the witness, islamically known as the conditions of encumbrance, are:

1 - Puberty: The testimonies of children and kids are not accepted.

2 - Cognition.

3 - Fairness: For the words of the Qur’n (and bear witness of those of you)

4 - Freedom: the slave testimony is the inadmissible.

N.B. That provision has become abrogated in the present era due to the international laws, while it remains in islamic Jurisprudence

5 - Islamic religion: A witness must be a Muslim, the testimony of the infidel is not accepted, as he is iniquitous and pernicious, then untruthful!

N.b. Really it is the main condition for testimony.

6 - Un-implication: Having no interest behind the testimony, no enmity between him and the convicted, not being of first or second grade related to one part of the judgment and other similar cases of involvement, which must refer to the assessment of its existence or not to Judge conviction sentimental.

 

Generally speaking, Islam does not accept the testimony of women, as they are suspected of forgetfulness and error.

An evidence for that is the text ot the Qur’an:

(Sura II, v. 282) “… And call to witness two men from among you. If two men are not available, then one man and two women whose testimony is acceptable to all—if one of them fails to remember, the other would remind her.”.

… This means, the two women, if one of them forgets the testimony, then ‘the other can remind her’, i.e., she can remind her about the matter concerning which testimony is being given.” (Tafsir Ibn Kathir).

 

Number of witnesses.

Originally, only 2 witnesses were required.

The “Messenger of Allah” said: Your 2 witnesses or his vow!.

(Ash'ath ibn Qais) There was a piece of land in Yemen over which I and another (Jewish) person had a claim. I brought the dispute with him to the “Apostle of Allah” (to decide) He (the Prophet) said: Can you produce an evidence (in your support)? I said: No. He (the Prophet) observed: (Then the decision would be made) on his oath. I said: He would readily take an oath carelessly. Upon this the Messenger of Allah remarked: He who perjured for appropriating the wealth of a Muslim, whereas he is a liar, would meet Allah while He would be angry with him. This verse was then revealed (Sura III, v. 77):" Verily those who barter Allah's covenant and their oaths at a small price..." . (Bukhari) - (Muslim, Book 1, n. 0254).

In Hadith: The evidence is on the plaintiff, and the swearword on the defendant if he denies.

 

Nevertheless, the question of number of witnesses was divided into three aspects

* In the first case, only the testimony of two men is accepted.

It is applicable in cases otherthan financial transactions, such as: Marriage and divorce, remarriage with one's divorced wife, acceptance of Islam, Impugnment and amendment, and the endowment and will, and so on.

(Sura LXV, v. 2) “divorce them with a favor or divide them with a favor and testify those of you who are just)”.

The “Messenger of Allah” said: There is no marriage except a Tutor (of the woman) and two fair witnesses. (Bayhaqi from the Hadith of Imran and Aisha).

* In the second case, it is accepted two male witnesses, a man and two women, or the witness plus the swearword of the plaintiff.

It is applied in all the legal rights concerning financial transactions, such as proparties, credits and debits, benefits, sales, dismissal, transfer, security, lease, mortgage, and intercession and so on.

(Sura II, v. 282)."

Men are more complete than the women!

(Sura 4 Al-Niswan) “The men are the guardians of women, including the favor of Allaah, some of them, and of what they have expended from their wealth.”

* In the third case: the testimony of two men, of a man and two women, or of four women, is accepted. 

It is applied in every case not often seen by men, such as birth and breastfeeding, virginity, and physical defects of women.

(Malek from Zahri) The Sunnah went on that it is permissible for the testimony of women what is not attended by men, such as the giving birth and defects of women. (Ibn Abu Shaybah in his "Collection") - (Abdul Razzaq in his Collection).

This is one of the cases where the nature of things forced Muslims to violate the Qur’an and Sunnah!

 

Other than these cases, there is a case of adultery that requires 4 witnesses. The reason for this due the desire of the Prophet Muhammad to exonerate his beloved wife after being witnessed by three people. See details in the following appendix).

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III) The case of adultery.

 

Muslims assert that, the foresight of need for 4 witnesses to prove the case of adultery, is that adultery is established between two persons: a man and a woman, so it is a testimony to two acts, hence four witnesses are needed (Sic!).

 

Adendum: The case of adultery - Aisha and IFK (obvious lie regarding Aisha)

 

The case of adultery requires 4 witnesses.

The reason for this is the desire of the Prophet Muhammad to exonerate the beloved of the heart after being witnessed by three people.

The IFK as a story.

 

(Aisha, the beloved wife of the Prophet) During a “Ghazwa” (military assault) of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdaj (a tent on the camel) ... When Allah's Apostle was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Apostle ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdaj, thinking that I was in it, as, at that time, women were light in weight, and thin and lean. So, those people did not feel the difference in the heaviness of the Howdaj while lifting it, and they put it over the camel. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan ibn Mu'attal was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me. He made his camel knell down. He got down from his camel, then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Some people accused me (with adultery) falsely, and the leader of the false accusers was ‘Abdullah ibn Ubay ibn Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during my ailment as if I were not receiving the usual kindness from the Prophet which I used to receive from him when I got sick. I did not know anything of what was going on till I recovered from my ailment and went out to answer the call of nature, that was before we had lavatories near to our houses. So (a woman) said: Oh you there, didn't you hear what they said?' Then she told me the rumors of the false accusers. My sickness was aggravated, and when I returned home, Allah's Apostle came to me. I requested him to allow me to go to my parents. Allah's Apostle allowed me, and I went to my parents and asked my mother: What are the people talking about?' She said: Oh my daughter! Don't worry much about this matter. That night I kept on weeping and could not sleep till morning. In the morning Allah's Apostle called ‘ALY ibn Abu Talib and Usama ibn Zayd to consul them about divorcing his wife (i.e. ‘Aisha). Usama said: Oh “Allah's Apostle”! Keep you wife, for, by Allah, we know nothing about her but good. ‘ALY said: Oh Allah's Apostle! there are many women other than she. On that day “Allah's Apostle” ascended the pulpit and requested that somebody support him in punishing ‘Abdullah ibn Ubay, who has hurt him by slandering the reputation of his family? Sa’d ibn Mu’adh got up and said: by Allah, I will relieve you from him. On that Sa’d ibn 'Ubada, the chief of the Khazraj, got up, motivated by his zeal for his tribe and said, 'By Allah, you have told a lie; you cannot kill him, and you will never be able to kill him. On this the two tribes of Aus and Khazraj got excited and were about to fight each other, while “Allah's Apostle” was standing on the pulpit. He got down and quieted them till they became silent and he kept quiet. In the morning my parents were with me and I had wept for two nights and a day, “Allah's Apostle” came and sat down with me, and then said: Oh ‘Aisha! If you are innocent, then Allah will soon reveal your innocence, and if you have committed a sin, then repent to Allah and ask Him to forgive you, for when a person confesses his sin and asks Allah for forgiveness, Allah accepts his repentance. I was a young girl and did not have much knowledge of the Qur'an. I said: Now, if I told you that I am innocent and Allah knows that I am innocent, you would not believe me and if I confessed to you falsely that I am guilty, and Allah knows that I am innocent you would believe me. Then I turned to the other side of my bed hoping that Allah would prove my innocence. By Allah, “Allah's Apostle” had not got up and nobody had left the house before the Divine Inspiration came to Allah's Apostle. He was sweating so much so that the drops of the sweat were dropping like pearls though it was a (cold) wintry day. When that state of Allah's Apostle was over, he was smiling and the first word he said: ‘Aisha! Thank Allah, for Allah has declared your innocence. So Allah revealed: "Verily! They who spread the slander are a gang among you . . ." (24.11) When Allah gave the declaration of my Innocence, …(Bukhari, vol. 3, n. 829).

 

Someone has come up with a theory about that.

It seems that the Prophet was aware that the betrayal had happened for sure. Therefore, the Prophet had to wait long enough for Aisha's menstrual cycle to know if she was pregnant due to Safwan, or not.

After more than a month, the news came from Aisha's mother, Um-RUMAN. The cycle is regular, no pregnancy, no scandals.

So the solution arrived.

The "divine" Revelation had declared Aisha's innocence.

So the solution arrived.

The "divine" Revelation had declared Aisha's innocence:

(Sura XXIV, v. 11-12) "Those who perpetrated the slander are a band of you. Do not consider it bad for you, but it is good for you. Each person among them bears his share in the sin. As for him who played the major role—for him is a terrible punishment. Why, when you heard about it, the believing men and women did not think well of one another, and say, “This is an obvious lie”?.

This "revelation" severed the so-called "slanderers" very clearly. Good news and warning to all men!

The so-called "slanderers" were flogged with 80 whiplashes each. Their testimonies were never accepted again, by order of the Prophet.

 

Here is the legislation of the four witnesses on the case of adultery issued to acquit Aisha.

 

Opposition to the Qur’anic text.

 

(Mughira) Sa’d bin Ubada said: If I found a man with my wife, I would kill him with the sharp side of my sword. When the Prophet heard that he said: Do you wonder at Sa’d's sense of “ghira” (self-respect)? Verily, I have more sense of “ghira” than Sa’d, and Allah has more sense of “ghira” than I. (Bukhari, vol. 8, n. 829).(Ie ends of stepping wife)! (Sahih al-Bukhari, Punishment) - (Ibn Asaker, vol. 43, p. 261) - (Musnad Ibn Hanbal).

(Ibn ‘Abbas) Sa‘d ibn ‘Ubada, the master of the Helpers, said: Is this how it was revealed to you, Oh “Messenger of Allah”? The “Messenger of Allah” responded: Do you not hear, O Helpers, what your master is saying? They said: Oh “Messenger of Allah”, he is a very jealous man. By Allah, he never married a woman who was not a virgin and no one amongst us ever dares to marry any woman he divorces, because of his extreme jealousy. Sa‘d then said: ... I was wondering: if I were to find a man on top of my wife, I am not supposed to disturb or move him until I go and bring four witnesses. By Allah, by the time I go to bring them, the man would have finished his business.

Sa’d said: By Allah, oh “Messenger of Allah”, I know (you say) that it is from Allah, but what Allah told you is surprising me. Hence the Prophet said: Allah refuses any solution otherwise! (History of Medina, by Ibn Shabah).

 

The Allah of Muslims wants so. Hence it is not possible to use modern means of proof, such as hidden cameras or else, as the Prophet did not mention them, therefore these means are not approved by Islamic law.

Note that the four witnesses would have only to see the sexual act. 

However, this question went complicated by a case of a man who confessed his adultery, and because of the details claimed by Omar ibn al-Khattab, which turned into a practice.

We will return to this point.

 

 

Excursus.

Islam and pedophilia.

(Aisha) We were already in the city of Medina (Alias ​​Yathrib). One day, while I was swinging with the swing, my mother came, wiped my face with some water and let me into the house. The "Messenger of Allah" was sitting on the bed in our house. He made me sit on his knees. The men and women went out. The "Messenger of Allah" mated with me in our big room, I was only nine years old ... (Ibn-Asaker, vol. 3 - p. 197).

Islam does not fix the minimum age of the child to face the bond of marriage.

(Sura LXV, v. 4) "As for those of your women who have reached menopause, if you have any doubts, their term shall be three months, and also for those who have not menstruated.".

The verse implicitly admits wives "your women" girls, who "do not yet have menstruation".

The current legislation of almost all Islamic countries does not provide for a penalty for the marriage with a child over 9 years of age, among other things, calculated according to the Islamic lunar calendar, in practice of about 100 days less than our calendar.

Why? It is necessary to follow the example of the Prophet.

(Sura XXXIII, v. 21) "You have a beautiful example in the Messenger of Allah.".

If someone says that Muhammad was a man of his time, the answer is: what kind of prophet was he?

He had to change things, not use bad habits.

 

Then-After, the rise of LI’AN, i.e. “Mutual Accusation & Public Imprecation of self Cursing” principle

.....

IV) The LI’AN, i.e. “Mutual Accusation & Public Imprecation of self Cursing” principle;

Repetition of witness four times, and the Qur’anic text.

 

The rise of the principle of “LI’AN”, i.e. “Mutual Accusation & Public Imprecation of self Cursing” principle, and in connection Muhammad announced revealing of another Qur’anic text.

We give the Qur’anic text.

(Sura XXIV, v. 6-9) As for those who accuse their own spouses, but have no witnesses except themselves, the testimony of one of them is equivalent to four testimonies, if he swears by Allah that he is truthful. And the fifth time, that God’s curse be upon him, if he is a liar. But punishment shall be averted from her, if she swears four times by God, that he is a liar. And the fifth time, that God’s wrath be upon her, if he is truthful.”.

In Islam, repeating the same testimony is considered as if done by someone else.

​

This text led to the principle of “LI’AN”, i.e. “Mutual Accusation & Public Imprecation of self Cursing”.

​

(Ibn ‘Abbas) … Hilal ibn Umayya found a man with his wife upon returning in the afternoon from his field. He saw with his eyes and heard with his ears. He did not react and waited until the following morning and went to see the “Messenger of Allah”, he said to him: I went to my wife in the afternoon and found her with a man. I saw them with my own eyes and heard them with my own ears. The “Messenger of Allah” disliked what he heard and was greatly distressed as a result. People thought: ‘Now the Prophet will flog Hilal ibn Umayya and his testimony will be void among the Muslims’. Hilal said: By Allah, Allah knows that I am saying the truth. Just as the “Messenger of Allah” was about to order his flogging, the revelation from heaven came to him. The following verse was revealed (As for those who accuse their wives but have no witnesses except themselves … etc.). The “Messenger of Allah” said: Good news for you, O Hilal! Allah has put you at ease and made for you a way out’. Hilal exclaimed: That is what I was hoping for from my Lord. 

… The Prophet then turned away and called for both of them. They both came, and Hilãl ibn Umayya stood and gave testimony by Allah four times that he was saying the truth, on the fifth occasion he invoked Allah’s curse on himself if he was lying. Hence, the Prophet said: Allah knows that one of you two is lying, so will either of you repent? She then stood up and swore 4 times, but when she was at the fifth one, the Prophet said to her: This is the one that may inflict the anger of Allah upon you. So she hesitated, until we thought that she would recant, but she said: I will not humiliate my people for the rest of time! And she went ahead (with the cursing, swearing for the fifth time). The “Messenger of Allah” separated between them, and ruled that the son will be her’s, not to be called to a father, and that neither she nor her child should be defamed, and he who defame either her or her child would be punished. She would have no rights for any sustenance or place of dwelling (upon Hilal) as being separated without divorce or deceased … (The city of Ibn Shibah).

​

The same story is narrated elsewhere starting with some details.

(Anas ibn Malik) Hilal ibn Umayya accused a man called Sharik ibn Sahma’ with adultery together with his wife, he lifted up to the "Messenger of Allah", who said: Where are your four witnesses, otherwise you will be flogged on your back, .... (to the rest of the story) ...

An end of the story is also given.

So the Prophet said: Watch her carefully: if she brings forth (a child) whose eyes are very black, with large buttocks and heavy shins, then it is Sharik ibn Sahma's child." And she bore a child with those descriptions, so the Prophet said: Were it not for the fact that the rulings of the Book of Allah have already preceded, I would have had another matter (to deal) with her. (Sahih Abu Dãwoud, n. 2254). 

 

Following is a brief description of the islamic institution of “Li'ãn”, i.e. “Mutual Accusation & Public Imprecation of self Cursing”.

If a husband discovers adultery committed by a wife but he does not have

four witnesses to testify to that, he may go to the court and swear four times before the judge that his wife has committed adultery, and swears the fifth time invoking Allah's curse upon himself if he were lying. Then the woman swears four times that he is a liar, and she swears a fifth time invoking Allah's wrath upon herself in case his allegation is true. This procedure is called Li'ãn (“Mutual Accusation & Public Imprecation of self Cursing”). This is followed by a permanent separation of the husband and wife, and the marriage is dissolved.

 

So no punishment, with a fixed charge.

We note here that the testimony of men is equivalent to the testimony of women, contrary to the requirements of the Qur’an.

 

Once again the Prophet of Islam behaved in another way. 

We tell the story after arranging its facts.

(Sahl b. Sa'd) 'Uwaimir al-'Ajlani came to 'Asim b. 'Adi and said to him: Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act? 'Asim, ask “Allah's Messenger” for me (about the religious verdict about that). So 'Asim asked “Allah's Messenger” and he did not like this question and he disapproved of it so much that'Asim felt aggrieved at what he had heard from Allah's Messenger... (Sahih Muslim, Book 9, n. 3553). 

(Sahl b. Sa'd) The Prophet said to 'Asim b. 'Adi: Keep the woman with you until she gives  birth. (Abu Dawoud, n. 2246).

Back to the previous Hadith.

… When 'Asim came back to his family, 'Uwaimir came to him. 'Asim said to 'Uwaimir: You did not bring something good, “Allah's Messenger” did not like this religious verdict. 'Uwaimir said: By Allah, I will not rest until I have asked him about it. 'Uwaimir proceeded until he came to “Allah's Messenger” as he was sitting amidst people, and said: Oh “Messenger of Allah”, tell me about a person who found a man with his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon “Allah's Messenger” said: (Verses) have been revealed concerning you and your wife; so go and bring her. 

(Sahl b. Sa'd) They both invoked curses. I was along with people in the company of “Allah's Messenger”. And when they had finished, Uwaimir said: Oh “Allah's Messenger”, I shall have told a lie against her if I keep her (now). So he divorced her with three pronouncements before “Allah's Messenger” had commanded him. 

Ibn Shihab said: Subsequently the separation became the practice of invokers of curses (al Mutala'inain) . (Sahih Muslim, Book 9, n. 3553).

(Sahl b. Sa'd) She was pregnant and her son was ascribed to her, and it became customary that such (a son) would inherit her and she would inherit him in the share prescribed by Allah for her. (Sahih Muslim, Book 9, n. 3554).

(Sahl b. Sa'd, regarding the narration of the two who pronounced the curse) The Prophet said: Watch her closely; if she gives birth to a child whose eyes are very black, and whose buttocks are large, then I can only conclude that he told the truth, and if she gives birth to one who is reddish in complexion, like a Waharah (?), then I can only conclude that he lied. She gave (birth) according to the objectionable characteristics. (Sahih Abu Dawoud, n. 2248).

This time, the Prophet wanted to wait till she would give birth to a child. 

Muslims have forgotten the Li’an, it is no longer applied in Muslim countries, and thus the text of the Qur’an went to the dustbin of history.Repeating the testimony four times.

 

The following incident has more than connotation.

(Abu Huraira) The Aslami man came to the Prophet and bore witness against himself four times, that he had had illicit intercourse with a woman, and each time the Prophet turned away from him. The fifth time he turned to him and said: Did you had intercourse with her? He said: Yes. He said: Until that part of yours disappeared into that part of hers? He said: Yes. He said: As the kohl stick disappears into its holder, and the rope disappears into its well? He said: Yes. He said: Do you know what Zinã (i.e. fornication) is?' He said: Yes. I have done unlawfully that which a man does lawfully with his wife. The Prophet said: What do you want by saying this? He said: I want you to purify me. So he ordered that he be stoned. The “Prophet of Allah” heard two of his Companions saying to one another: Look at this one whom Allah had concealed, but he could not keep quiet about it until he was stoned as a dog is stoned. The Prophet did not say anything to them, then a while later he passed by the carcass of a donkey with its legs in the air. He said: Where are so-and-so and so-and-so? They said: We are here, oh “Messenger of Allah”. He said: Go down and eat from the carcass of this donkey. They said: Oh “Messenger of Allah” who would eat from this? He said: Your impugning the honor of your brother just now is worse than eating this. By the One in Whose Hand is my soul, now he is in the rivers of Paradise, immersing himself in them. (Abu Dawoud, n. 4428).

 

Recognizing one’s error and asking for forgiveness in Islam is worth nothing, given the cruelty of Muhammad and the religion of Islam.

The revenge of those who dare to criticize Muhammad's rulings does not imply any tolerance, but rather severe cruelty in the heart. Muhammad's punishment violates the provisions of the Qur'an itself, which prohibited eating the dead animals.

 

This Hadith confirms a wondrous principle: Repeating the same person's testimony as many times as if were of the same number of different people.

Here we find a testimony repeated four times, is just like a witness of 4 people.

This demonstrates the stupidity of Muhammad and his Qur'an. 

By analogy, there is no need for multiple witnesses in any case.

 

Later, using the words of the Prophet of Islam to a man who confessed his own guilt, and knowing what he did exactly, Omar used the string of words, more or less, to acquit his friend Mughira, asking eyewitnesses of a case of adultery: Did you see the kohl (Kajal Eyeliner) stick enter the kohl jar ? (i.e. the male member inside the female private organ)?

 

That act formed the basis for the inability to prove adultery even if seen collectively.

 

We say: In the case of confession of the adulterer, it is may be accepted, as to insure the complete sexual intercourse. But seeing the male member inside the female private organ is impossible, unless partners want to show that to watchers.

But Islam do not understand this fact, due to stupidity.

For the occurrence of adultery, the testimony of each of the four witnesses, it is required - in addition to the above mentioned basic conditions - an  accurate description of the scene, it is not enough to describe the general scene of the meeting of foreign men and women, even if they are naked. This is an essential characteristic of this type of witness.

(Ibn Rushd = Averroè) The scholars agreed that adultery is proved by witnesses. The four witnesses have to see his ass in her vagina, and that should be by statement not metaphorically indicated.

(Shaykh al-Islam Ibn Taymiyya) The testimony of adultery is hardly punished, and I know no case has been established, but the adultery is established either by confession or by pregnancy. (Lights on the Sunnah of the Prophet).

 

‘Omar said: I am afraid that after a long time has passed, people may say, “We do not find the Verses of the Rajm (stoning to death) in the Qur’an” and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajm be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession. Surely “Allah's Apostle” carried out the penalty of Rajm, when he ordered stoning of a person admitted his  adultery four times, and it was not mentioned that the Prophet asked for witnesses of his act. (Sahih al-Bukhari, Judgments, vol. 8, n. 816).

Even ‘Omar ibn Khattab noticed the lack of four witnesses.

Here we must mention the case of adultery Mughira ibn Shu’ba, in which ‘Omar said, “Did you see the kohl (Kajal Eyeliner) stick enter the kohl jar ? (i.e. the male member inside the female private organ)?

It created the basis for impossibility to proof adultery in Islam.

 

 

V) The case of Mughira ibn Shu’ba.

 

Mughira ibn Shu’ba is a well known Companion of the Prophet as he was protagonist of the famous adultery episode (the 17th year of Hijra), which confirms the sterility, stupidity and dullness of the Islamic Sharia, where adultery is not called adultery unless the witnesses see “the male member enters into her vagina like a stick enters into the in a kohl (Kajal Eyeliner) makeup jar. If a couple practice sex in public and in broad daylight, it is not called adultery until people see the sexual organs intersection, which is virtually impossible, the adulterer, Companion of the Prophet, recognized that, and ‘Omar ibn Hattab agreed with him .

(Abu ‘Othman Al Nahdi) Mughira said: I went to Ziyad, I said to him: Oh Ziyad, I remember Allah, his book, His Messenger and the Head of the faithfuls have immunized my blood, not to go beyond what you did not know, do not let a transgressive view in which you saw me to go beyond what you did not see, per Allah, if you were between my belly and her abdominal you would not see where my male member has gone inside her. (Ibn Khalikan's “Wafiyyat al-A’yan”, i.e. “Biographical Dictionary”).

This adultery committed by Mughira ibn Shu’ba was one of the most famous events in the history of the Arabs. 

It was in the seventeenth year of Hijra.

 

The details of the story, which are logically arranged here from different narratives, due to the fragment way of narration as usual in the Arabic sources.

(Saif ibn ‘Omar) What happened in actual fact between Abu Bakra and Mughira b. Shu'bah was that Mughirah made it his custom to start conversations with Abu Bakra, but the latter avoided him every time the former did so. At the time, both lived in al-Basra; they were each other's neighbors, with a road separating their houses. Both used to spend time sitting behind their latticed windows opposite one another in their respective houses. Both lattices were fitted with peepholes, the one exactly opposite the other. (History of Tabari). 

Saif ibn 'Omar lied, or erred when he said “they were each other's neighbors, with a road separating their houses”, from the context we discover that the neighbor the opposite room was Um Jamil.

 

‘Omar had appointed Mughira ibn Shu’ba as the Emir of Basra. He often left Darul Imara (the ruler’s office) at midday and Abu Bakra often met him and asked him: “Where is the emir going?!” He said: “To do something.” Abu Bakra said: “The emir is visited and he does not visit!”

 

One day, while Abu Bakra and his brothers Nafi’, Ziyad and Shibl ibn Ma’bad, the sons of Sumayya (a slave woman), were in their room and Um Jamil bint Amro was in the opposite room, the wind opened the door of Umm Jameel’s room and they saw Mughira and the woman in a state of fornication. Abu Bakra said: It is an ordeal that you are afflicted with! Look! They looked until they became certain of what Mughira and the woman were doing. (al-Aghani).

 

Abu Bakra and Nafi’ ibn Harith were of the Prophet’s Companions.

 

One day, some people came together in Abu Bakra's house for a chat, when a (sudden) gust of wind opened the peephole. Abu Bakra stood up in order to close it. Then - the wind having also opened the peephole of the lattice window opposite - he saw Mughira lying between the legs of a woman. He said to his visitors: Come and look! They got up and looked. Then Abu Bakra said: Bear  witness, who is she, anyway? they asked. Um Jamil, the daughter of al-Afqam, Abu Bakra replied. Um Jamil was Mughira's mistress, making it her business to offer her services to governors and tribal nobles. The men exclaimed: We only saw buttocks, we do not know what she looks like. They kept staring when she stood up. When Mughira left the house to go to the Salat (i.e. prayer, SIC!), Abu Bakra stopped him and said: You may not perform the prayer ritual with us. Thereupon, they wrote about the affair to 'Omar and exchanged letters with him. (Tabari, 1/2531)

 

(Ya'coub b. 'Utbah) Mughira used to visit Um Jamil, a woman from Hilal. She had had a husband from the tribe Thaqif, but he had died some time back. So Mughira started having an affair with her. The people of Basra got notice of this and were shocked. One day Mughira left (his house) and entered her house, which the people had kept under close observation. The men, who were to testify against him, went together (to this house) and tore away the curtain. There he was, fornicating with her! Abu Bakra wrote about this to 'Omar  (and consequently went to him in Medina to discuss matters). (Tabari, referring to Waqidi).

 

(Tabari) 'Omar sent for Abu Mousa and said to him: I am going to employ you as governor, I shall send you to a land where the devil has taken up residence, spreading his evil. Stick to what you know is proper and do not change, lest Allah wreak a change in you! Abu Mousa replied: Oh Commander of the Faithful, then help me with a number of Companions of the Prophet, to be like the salt without which no food tastes good. 'Omar informed him: Seek the help of anyone you care for. So Abu Musa asked for twenty-nine men, among whom were Anas b. Malik. Then he departed in their company and journeyed until he reached Mughira, who thought: By Allah, Abu Mousa has not come simply to pay a visit or even for trade purposes, but he has come here in his function of commander. Abu Mousa handed a letter from 'Omar to Mughira. It was truly the most concise letter ever written by anyone, just four statements with which 'Omar dismissed, censured and ordered the immediate return of one person, and installed another as governor. (It read:) "Listen. A shocking rumor has reached me . I have sent Abu Mousa to be the new Governor. Hand all authority over to him. Hurry hither." 'Omar wrote to the inhabitants of al-Basra: "Listen. I have sent Abu Mousa to be your governor . He is to take away from the affluent among you to give to the poor. Together with you he will fight your enemy. He is to defend your security and to count the revenues of your fay' lands. Then he will distribute those among you. Finally, he will rid your roads (of unwanted elements) for you." Mughira presented Abu Mousa with a slave girl from Tha'qif, saying: I have chosen her especially for you. She was very attractive. Then Mughirah, and also Abu Bakra, Nafi' (Ibn Harith b. Kalada), Ziyad son of his father (N.B. so called as his father was unknown) and Shibl b. Ma'bad departed and journeyed until they came to 'Omar. (History, n. 1/2532)

… Abu Bakra sat out waiting until Mughira came out. He said to him: “Since you do so, then you have to retire from the emirate!” Mughira went to lead the people in offering mid-day Prayer and Abu Bakra went there too. Abu Bakra said to Mughira: By Allah, you do not lead us in the prayer after you have done your sin! The people said: Let him lead the prayer for he is the Emir and you write to the Caliph ‘Omar about that. They wrote to ‘Omar and he ordered them all; Mughira and the witnesses to come to him.

 

(Qasama b. Zuhayr) When the issue between Abu Bakra and Mughira b. Shu’ba occurred, Abu Bakra said: Desist from or give up concerning our Salat (Preyer), because we will not pray behind you. So, he (Mughira) wrote to ‘Omar about his affair. Therefore, ‘Omar (too) wrote back to Mughira thus: To begin, an act of yours has been reported to me. If such-and-such (i.e. Abu Bakra) is corroborated against you, it would have been better for you to have died before this day. So, he (‘Omar) wrote to him and the witnesses to come to him. (Documented by Ibn Abu Shayba) - (Bayhaqi - Sahih).

 

(Mada’ini) On his way to ‘Omar, I mean for this story, Mughira saw in somewhere a girl whom he liked; he asked her father to get married with her. Her father said to him: While you are on this case. He replied: What more you demand? If I’m dispensed, then it is my wife, and if I’m killed - due to stoning - she will inherit me. So her father gave her to him as a spouse. (History of Tabari).

He knew that there were 4 witnesses to his adultery, and that he was probably killed by stoning.

(Malik the son of Aus) On his way to 'Omar, Mughira married a woman. ‘Omar said to him: You have a very lustful heart and a long member. Then he asked about the woman, ... (History of Tabari) - (Waqidi).

(Mada’ini) It was said: whenever Mughira faced two questions he would choose the more difficult. (History of Tabari).

… When he came, 'Omar said to him: You have been accused by something, if it is true, it would have been better for you to have died before this day.

 

(Tabari) 'Omar confronted them with Mughira who said: Ask these nobodies how they saw me; was I facing them or did I have my back toward them? And how did they see the woman, or how could they recognize her? For if they were facing me, how was it that I was not hidden (i.e. from their sight, because the woman was between me and them)? And if I had my back toward them, on what grounds did they permit themselves to spy on me in my own home, making love to my own wife? Allah in heaven, I have never bedded anyone except my own wife. This Um Jamil woman must have looked like her. 

Then 'Omar started by asking Abu Bakra, who testified against Mughira that he had seen him lying between the legs of Um Jamil, heaving up and down like a kohl (Kajal Eyeliner) stick in its phial. 'Omar asked: In what position did you see them? From behind, he replied. But how did you establish her identity? Pursued 'Omar. Standing on my toes, I stretched out my neck, was the answer. Then 'Omar summoned Shibl b. Ma'bad who testified to the same effect. 'Omar asked him: Did they have their backs toward you, or did they face you? No, they faced me, Shibl answered. Then Nafi' testified, giving the same testimony as Abu Bakra. (History). 

 

… When they came, ‘Omar sat in his meeting and sent for the witnesses and Mughira. Abu Bakra advanced and ‘Omar asked him: Did you see him between her thighs? Abu Bakra said: Yes, by Allah, as if I saw clefts of smallpox on her thighs! Mughira said to him: You were very accurate in your look! Abu Bakra said: Yes, I wanted to be certain of what Allah would disgrace you with. ‘Omar said to Abu Bakra: No, until you witness that you have seen him inserting his member in her vagina like a stick in a kohl (Kajal Eyeliner) jar. Abu Bakra said: Yes, I witness of that. ‘Omar said: Oh Mughira, a quarter of you has gone!

Then ‘Omar called for Nafi’ and asked him: What do you witness of? He said: I witness of what Abu Bakra has witnessed of. ‘Omar said: No, until you witness that you have seen him doing with her as a stick in a kohl (Kajal Eyeliner) jar. He said: Yes, until he reached the last portion of his member. ‘Omar said to Mughira: Half of you has gone! Then ‘Omar called for the third witness and asked him: What do you witness of? He said: Like the witness of my two companions. ‘Omar said to Mughira: Three quarters of you have gone! (Aghani, by Abu-Faraj Isfahani).

We see how ‘Omar was affected, and he was afraid for his close friend.

 

(‘Othman al-Nahdy) ‘Omar's face changed color after the first witness and his face was as long as a fiddle after the second witness, and his face was ashen after the third witness, and when ‘Omar saw Ziyad was coming dressed in white cloth he shouted at him: What do you know Oh, eagle's shed. (‘Othman shouted so loudly to imitate ‘Omar that the narrator was extremely frightened. (Aghani, by Abu-Faraj Isfahani).

(Qasama b. Zuhayr) When Abu Bakra, Shibl b. Ma’bad, and Nafi’ testified, ‘Omar said : Four (people) oppressed Mughira. (Collection of Ibn Abu Shaybah - Book of Punishments).

(‘Othman al-Nahdy) A man went to ‘Omar b. al-Khaṭṭab and testified against Mughira b. Shu’bah, so the colour of ‘Omar changed. Then, another man came and testified. Therefore, the colour of ‘Omar changed (further). Then, another man came and testified. As a result the colour of ‘Omar changed (even further) such that we recognized that in him, and he denied (the charge without investigation) due to that.

This matter was very unbearable for ‘Omar.

 

And more, the Companions of dead Prophet sympathized with him!

Mughira was desperate and sought help from everybody.

Mughira met the Immigrants and the Prophet's widows, he wept, and they wept with him. He pleaded with them for help, they sympathized with him. 

 

..‘Omar ordered the three witnesses to be isolated, until the arrival of the fourth witness.

Then ‘Omar ordered Ziyad to come.

When Ziyad came, ‘Omar held his meeting in the mosque. 

The heads of the Immigrants and the Companions parties gathered in the mosque to attend the meeting. Ziyad arrived there. Mughira had prepared a defense. When ‘Omar saw Ziyad coming he said: I see a man who, I expect, will not disgrace any Companion of the Prophet of Allah.

Here, ‘Omar started to influence the witnesses.

When ‘Omar saw Ziyad coming, he said: Come to me! I see a man that will not disgrace a man of the Muhajirun by his tongue! 

He wanted to influence his testimony indirectly.

Then ‘Omar raised his head towards him and said: What do you have with you, O you droppings of bustards?

So, when Ziyad stood to testify, ‘Omar said: You will testify with the truth, Allah willing.

 

It was said that Mughira had got up and said: Nobody store the perfume after a marriage ceremony! Mughira said to Ziyad: Oh Ziyad, remember Allah, and the Day of Resurrection, by Allah, His Book, His Messenger and Commander of believers, have spared my blood except if you say what you have not seen. Let not a bad scene lead you to say what you have not seen. By Allah, if you were between my abdomen and her abdomen, you could not see my member going into her vagina.

Ziyad’s eyes began shedding tears and his face became reddish. He said: O Principe of believers, I have not seen exactly what the others have seen but I saw a state of sexual intercourse and I heard fast breathing and I saw him sleeping on her abdomen. ‘Omar asked him: Did you see him inserting his member as a stick in a kohl (Kajal Eyeliner) jar? He said: No, I did not, I saw him lifting her legs and saw his testicles swaying between her thighs then I saw strong motivation and I heard loud breathing. ‘Omar said: Allah is great! Oh Mughira, get up and beat them!

 

(The son of Abu Bakra) ... Ziyad said: I do not know if Mughira was fucking her or not. (The Great Sunan of Bayhaqi).

Ziyad felt the desire of the Caliph to avoid application of the legal punishment on Mughira, so he professed with some sentences that gave intuitions about the facts, but he hesitated to claim the frankness of the truth of what happened.

So, ‘Omar shouted to Ziyad: What do you have (to say), oh remover of the punishment!

Ziyad said: I saw a disgusting matter.

‘Omar said: All praise be to Allah Who did not allow Shayṭan to rejoice at the misfortune of the Ummah of Muhammad. So, he (‘Omar) ordered that those men be whipped (for allegedly lying against Mughirah).

Ziyad said: I saw him sitting between the legs of a woman; I saw two painted feet tapping on the floor and two bare buttocks and I heard heavy panting. ‘Omar asked: Did you  notice a heaving up and down like a kohl (Kajal Eyeliner) stick in its phial? No, Ziyad said. And did you recognize the woman? No, I did not, I must have confused her with somebody else. 

'Omar told him: Step aside. 

Then he ordered the other three to be flogged according to the Qur'anic punishment and he recited the verse “And when they cannot produce 4 witnesses, then they are liars in Allah's view”. 

Mughira whipped Abu Bakra eighty whips and then he whipped the other two witnesses.

Thus, ‘Omar cancelled the legal penalty of Mughira. 

The witness of these three men was clear and certain that they had seen Mughira doing his sin with their eyes but when the fourth witness, Ziyad ibn Sumayya, came to witness, the Caliph made him understand that he intended not to disgrace Mughira and then he asked him about what he had seen.

He executed legal penalties against the three witnesses.

 

Then Mughira asked: Get me rid of these nobodies!

But 'Omar said: Be silent, may Allah strike you dumb, by Allah, if their testimony had turned out to be valid, then I would have stoned you with your own stones. 

 

Abu Bakra said after he had been whipped: I witness that Mughira has done so and so. ‘Omar intended to whip him again but ALY ibn Abu Talib said to him: If you whip him, then you have to stone your friend (Mughira).

This was problematic, because if Abu Bakra insisted on the testimony, and his testimony for the second time the testimonials would amount to four witnesses, regardless of Ziyad's testimony.

Abu al-Faraj said that if he hit him, his testimony would be as if it were a witness of another person, so that the stoning has to be executed on Mughira.

Muslims feign not to know why the second punishment was not due on Abu Bakra, and we explain to them here. Reapeting the testimony in Islam is considered as if it were a new testimony, in application of an edict of the Prophet of Islam, who decreed the stoning of a person who witnessed four times his adultery.

The Caliph ‘Omar, the so-called by Muslims "Al-Faruq" (ie, who distinguishes between justice and injustice) did not punish the perpetrator, Mughira, charged with committing adultery, backed by abundant evidence, just because he is a Companion of the Prophet, further being his own friend, but he punished the truth witnesses.

Instead of the usual punishment of being stoned, ‘Omar opted for a lesser measure: dismissal from office.

So, ‘Omar left Abu Bakra alone, refusing his witness, and asked him to repent. Abu Bakra said: You ask me to repent just to accept my witness? ‘Omar said: Yes. Abu Bakra said: I will never witness between two persons as long as I live.

 

When the witnesses were whipped, Mughira said: Praise be to Allah Who has disgraced you. ‘Omar said to him: Allah disgraced a place, in which they saw you. (Aghani, by Abu-Faraj Isfahani).

After the whipping, Abu Bakra continued saying: I spoke the truth and Mughira did do what I said."

In spite of his acquittal, Mughira was not restored to the office of the Governor, and was detained in Madina. He made some show of indignation at having been treated shabbily in a case which was false. ‘Omar called him to his presence and issued the warning: Oh Mughira offer thanks to Allah that full evidence was not forthcoming against you, and you have been saved from disgrace by a technical flaw. Grounds of suspicion against you were very much there, and I have given you the benefit of doubt. Remember that if the evidence was complete, you would have been stoned to death." (From the Lives of the Caliphs).

 

(The son of Abu Bakra) My father, Abu Bakra, had taken an oath that he would never talk with Ziyad as long as he lived. 

When Abu Bakra was about to die, he recommended that no one would offer the prayer (after his death) for him except Abu Barza al-Aslami, whom the Prophet (S) had associated as a brother with Abu Bakra.

 

Then Ziyad left to Kufa. 

Mughira ibn Shu’ba, he was grateful to Ziyad and he did not forget his favor.

 

(Ibn al-Musayyab) Three people testified against al-Mughira for adultery. But Ziyad recoiled. So, ‘Umar punished the three (with lashing), and said to them: Repent, and your (future) testimonies will be accepted.” So, two of the men repented but Abu Bakrah did not repent.  Abu Bakrah was a maternal brother of Ziyad. When what happened in the case of Ziyad occurred, Abu Bakrah swore that he would never again speak to Ziyad. As such, he never again spoke to him till his death. (Collection of Abd al-Razzaq).

Abu Bakra always confirmed his testimony, he used to say: by Allah, I do not forget the bloodstain of her thighs.

... Then, if Abu Bakra was invited to a testimony, he used to say: Ask someone else, Ziyad has corrupted my testimony. (Aghani) - (The Unique Contract).

(Ibn Abu al-Hadid) As for Mughira, I have no doubt that he committed adultery with the women, but I think that ‘Omar was not mistaken in fending off the punishment. (Explanation of rhetoric approach).

‘Omar praised Allah for acquittal of Mughira. He knew that he was an adulterer.

We confirm that.

(Abu Ja'far) Abbas came to 'Omar and said: The “Messenger of Allah” has given me the Bahrain as feudality. ‘Omar said: Whoever testifies for you ? He said: Mughira b. Shu’ba, ‘omar refused to accept the testimony of Mughira. (Omar ibn Shabah, in “News of Basra”) - (Ibn Sa’ad in the Major Classes) - (History of the city of Damascus - Ibn Asaker, vol. 26, page 371) - (Deaths of Nobles, by Ibn Khalkan).

And to last,

Um Jamil, the woman in Mughira's case in Basra, used to visit him in Kufa as well. 

Some time after, ‘Omar once saw her during a season of pilgrimage in Mecca. Mughira was also there. ‘Omar asked Mughira: Oh Mughira, do you know this woman? He said: “Yes, she is Um Kulthum the daughter of ALY (The wife of ‘Omar). ‘Omar said to Mughaira: Woe to you, you are fooling me, By Allah, I do not think that Abu Bakra has told a lie when he witnessed against you. I am afraid when I see you, a stone falls on me from heaven. (Aghani) - (Commentary of Nahj).

This Companion of the dead Prophet was not ashamed of this episode, and when Omar ibn al-Khattab tried to remind him of his story with Um-Jamil, he responded by commemorating the story of his scandal with ALY's young daughter, Um Kulthum.

 

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Our Comments.

 

About the case.

• Mughira was a close friend of ‘Omar.

- ‘Omar deliberately manipulated the judicial system to shield his dear friend from justice.

Later, Mughira indirectly caused ‘Omar's death, and because of the perfidious treason of Mughira, ‘Omar was murdered by a dependant of Mughira.

• ‘Omar made some acts to entice Ziyad and to intimidate him.

- ‘Omar called him “the remover of the punishment”. 

This was an obvious suggestion to Ziyad.

- ‘Omar also described him as the one who would testify with the “truth”.

This was another clear signal to him to contradict his colleagues.

- ‘Omar shouted at him, with such distressing force. 

The intention, obviously, was to intimidate him. 

Going against the Caliph could have highly devastating consequences.

The message was unmistakable.

So, Ziyad got the signal. He denied having seen a sexual penetration. He made ambiguous, ambivalent statements instead.

 

About ‘Omar.

• ‘Omar actually did not ordinarily seem to place much value on the Qur’anic requirement for four witnesses in the case of adultery. 

Shebl, the third witness. said to ‘Omar: The honest witness gets lashes despite God's order ? (Fotouh al-Boldan, by Bladhuri) 

• ‘Omar - the judge - became joyous for acquittal Mughira!

(Abu Bakra)… Ziyad said: ... I do not know what is behind that. Hence ‘Omar said: Allah is Great, and he greatly rejoiced and flogged the three witnesses, but not Ziyad. (Hakim in Mostadrak) - (Dhahabi, History of Islam). 

• The Caliph inflicted immense injustice upon Abu Bakra for telling the truth.

(Ibn al-Musayyab) Three people testified against al-Mughira for adultery. But Ziyad recoiled. So, ‘Omar punished the three (with lashing), and said to them: Repent, and your (future) testimonies will be accepted.” So, two of the men repented but Abu Bakra did not repent. Therefore, his testimonies were no longer accepted. (Abd al-Razzaq).

(Abu-Faraf Asfahani) Abu Bakra was asked to give his testimony for some other incident and he said: Ask someone else, Ziyad has ruined my reputation. (Aghani) 

• After the lashing, Abu Bakra stood up, and re-testified to al-Mughirah’s adultery – despite the clear dangers.

(Abu-Faraf Asfahani) Abu Bakra left the place saying: By Allah, I cannot forget the scene of her thigh. (Aghani)

• Omar rewarded his friend later. He nominated him as a sovereign of Kufa after the adultery episode, and remained his office until he died (Lions of the forest) - (Isabah) - (history of nations and kings of Tabari) - (The Complete in history) - (The Major Classes) - (history of Damascus, Ibn Asaker) - (Fotouh Syria of Baldhuri) - (History of Islam by Dhahabi).

• The Caliph approved the act of his nominated Governor Ibn Mas'oud, who ordered to punish by 40 whips on a man found with a woman in one bed.

(Abdul Rahman son of Ibn Mas'oud) To Abdullah ibn Mas'oud a man was brought as he was found with a woman in a bedclothes (in one bed). He ordered both to be beaten forty flogs, and he did so in public. Then the families of the woman and the man went to complain to ‘Omar b. Khattab. ‘Omar said to Ibn Mas'oud: What did they say? Ibn Mas'oud replied: I have done that. ‘Omar asked: Do you think so is right ? Ibn Mas'oud: Yes. Then Omar said: You did well. (Tabarani in al-Mu'jam al-Kabir, n. 9694).

(Abu Bakra)… Ziyad said: I saw them in a bedclothe and I heard a high breath, and I do not know what is behind that. (Hakim in Mostadrak) - (Dhahabi, History of Islam).

Furthermore,

(Hasan) A man found his wife with a man, both were covered of them with a blanket over them. ‘Omar b. Khattab called them, and flogged them one hundred lashes each. (Ibn Abi Syaibah, n. 13636).

So why did not he flog Mughira who was found with a strange woman in the same bed?

 

As results.

An interesting side to this discussion is that 

(Ibn Musayyab) Three people testified against al-Mughira b. Shu’ba for adultery. But Ziyad recoiled. So, ‘Omar punished the three (with lashing), and said to them: Repent, and your (future) testimonies will be accepted. So, two of the men (falsely) repented but Abu Bakra did not repent (falsely). Therefore, his testimonies were no longer accepted. (collections of ‘Abd al-Razzaq).

(Sura XXIV, v. 4) “Those who accuse chaste women, then cannot bring four witnesses, whip them eighty lashes, and do not ever accept their testimony. For these are the immoral.”.

When Abu Bakrah swore by Allah that he was truthful in his testimony against al-Mughira, he preferred to be branded “a liar”, and that his future testimonies would be rejected, rather than to falsify what he knew to be the truth.

By all accounts therefore, all Bakra’s Hadiths must be thrown away by the Sunnis as fairytales of a “liar”. 

Nevertheless, Sunnis consider Abu Bakra to be perfectly trustworthy in everything he said, before and after the incident! Yet, they maintain that ‘Omar was correct to have whipped him! Imam Muslim, for instance, has relied upon this chain in his Sahih:

However, it was either ‘Omar treated Abu Bakra unjustly, or Abu Bakra was truly a liar. There is no third option to it.

 

Conclusions.

 

Justice cannot be established in Islam for the following reasons.

 

First: The admissible false statement and lying in Islam - Effect of the principle of Taqiyya - The tolerance of Islam in case of perjury - The easiness of punishment in case of false statement.

Second: The lack of access to the truth in the Islamic courts because of the qualifications required for the witness, the failure of acceptance of the testimony of women, and the divergence of number of witnesses to proof or to deny according to different cases.

Third: The state of adultery cannot be proved.

Fourth: The possibility of repeating the same testimony four times as if they are 4 different testimonies.

 

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