Source: Ibn Kathir
Which was Revealed in Al-Madinah
The Importance of Surat An-Nur
(A Surah which We have sent down) Here Allah is pointing out the high esteem in which He holds this Surah, which is not to say that other Surahs are not important.
(and which We have enjoined,) Mujahid and Qatadah said, "This means: We have explained what is lawful and unlawful, commands and prohibitions, and the prescribed punishments.'' Al-Bukhari said, "Those who read it: Faradnaha, say that it means: "We have enjoined them upon you and those who come after you.''
(and in it We have revealed manifest Ayat,) means, clearly explained,
(that you may remember.)
The Explanation of the Prescribed Punishment for Zina (Illicit Sex)
(The Zaniyah and the Zani, flog each of them with a hundred stripes.) This honorable Ayah contains the ruling on the law of retaliation for the person who commits illegal sex, and details of the punishment. Such a person will either be unmarried, meaning that he has never been married, or he will be married, meaning that he has had intercourse within the bounds of a lawful marriage, and he is free, adult and of sound mind. As for the virgin who is unwedded, the prescribed punishment is one hundred stripes, as stated in this Ayah.
In addition to this he is to be banished from his homeland for one year, as was recorded in the Two Sahihs from Abu Hurayrah and Zayd bin Khalid Al-Juhani in the Hadith about the two bedouins who came to the Messenger of Allah .
One of them said, "O Messenger of Allah, this son of mine was employed by this man, and committed Zina with his wife. I paid a ransom with him on behalf of my son one hundred sheep and a slave-girl, but when I asked the people of knowledge, they said that my son should be given one hundred stripes and banished for a year, and that this man's wife should be stoned to death.'' The Messenger of Allah said:
(By the One in Whose Hand is my soul, I will judge between you both according to the Book of Allah. Take back the slave-girl and sheep, and your son is to be given one hundred stripes and banished for one year. O Unays -- he said to a man from the tribe of Aslam -- go to this man's wife, and if she confesses, then stone her to death.)
Unays went to her and she confessed, so he stoned her to death.
This indicates that if the person who is guilty of illegal sex is a virgin and unmarried, he should be banished in addition to being given one hundred stripes. But if married, meaning he has had intercourse within the bounds of lawful marriage, and he is free, adult and of sound mind, then he should be stoned to death.
Imam Malik recorded that `Umar, may Allah be pleased with him, stood up and praised and glorified Allah, then he said; "O people! Allah sent Muhammad with the truth, and revealed to him the Book. One of the things that was revealed to him was the Ayah of stoning to death, which we have recited and understood.
The Messenger of Allah carried out the punishment of stoning and after him we did so, but I am afraid that as time goes by, some will say that they did not find the Ayah of stoning in the Book of Allah, and they will go astray because they abandoned one of the obligations revealed by Allah. Stoning is something that is prescribed in the Book of Allah for the person -- man or woman -- who commits illegal sex, if he or she is married, if decisive evidence is produced, or if pregnancy results from that, or if they confess to it.'' It was also recorded in the Two Sahihs in the lengthy Hadith of Malik, from which we have quoted briefly only the portion that is relevant to the current discussion.
Do not feel pity for Them when carrying out the Prescribed Punishment
(if you believe in Allah and the Last Day. ) means, then do that, carry out the punishments on those who commit illegal sex, and strike them hard without causing any wound, so that he and others like him will be deterred by the terror of that.
Carry out the Prescribed Punishment in Public
(And let a party of the believers witness their punishment.) This is more humiliating for the people who are guilty of illegal sex, if they are flogged in front of the people. This is because it is more effective as a deterrent and it conveys the sense of scandal and rebuke.
(The Zani marries not but a Zaniyah or a Mushrikah; and the Zaniyah, none marries her except a Zani or a Mushrik. Such a thing is forbidden to the believers.) Here Allah tells us that the Zani (male who is guilty of illegal sex) does not have intercourse except with a Zaniyah (female who is guilty of illegal sex) or a Mushrikah (female idolator), meaning that no one would go along with him in this action except a sinful woman who is also guilty of Zina, or a Mushrikah who does not think it is unlawful.
(and the Zaniyah, none marries her except a Zani) a sinful man who is guilty of fornication,
(or a Mushrik) (a man) who does not think it is unlawful.
(Such a thing is forbidden to the believers.) meaning, indulging in this, or marrying prostitutes, or marrying chaste women to immoral men. Qatadah and Muqatil bin Hayyan said: "Allah forbade the believers from marrying prostitutes.''
The Prescribed Punishment for slandering Chaste Women
This Ayah states the prescribed punishment for making false accusations against chaste women, i.e., those who are free, adult and chaste. If the person who is falsely accused is a man, the same punishment of flogging also applies. If the accuser produces evidence that what he is saying is true, then the punishment does not apply.
(and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the rebellious.) If the accuser cannot prove that what he is saying is true, then three rulings apply to him: (firstly) that he should be flogged with eighty stripes, (secondly) that his testimony should be rejected forever, and (thirdly) that he should be labelled as a rebellious who is not of good character, whether in the sight of Allah or of mankind.
Explaining the Repentance of the One Who makes a False Accusation
(Except those who repent thereafter and do righteous deeds; (for such) verily, Allah is Oft-Forgiving, Most Merciful.) This exception refers to the second and third rulings mentioned above. The flogging has been carried out regardless of whether he repents or persists, and after that there is no further punishment, as is agreed among the scholars. If he repents, then his testimony may be accepted, and he is no longer to be regarded as a rebellious.
Details of Al-Li`an
This Ayah offers a way out for husbands. If a husband has accused his wife but cannot come up with proof, he can swear the Li`an (the oath of condemnation) as Allah commanded. This means that he brings her before the Imam and states what he is accusing her of. The ruler then asks him to swear four times by Allah in front of four witnesses
(that he is one of those who speak the truth) in his accusation of her adultery.
(And the fifth; the invoking of the curse of Allah on him if he be of those who tell a lie.) If he says that, then she is divorced from him by the very act of this Li`an; she is forever forbidden for him and he must give her Mahr to her. The punishment for Zina should be carried out on her, and nothing can prevent the punishment except if she also swears the oath of condemnation (Li`an) and swears by Allah four times that he is one of those who lied, i.e., in what he is accusing her of;
(if she bears witness four times by Allah, that he is telling a lie. And the fifth; should be that the wrath of Allah be upon her if he speaks the truth.) The wrath of Allah is mentioned specially in the case of the woman, because usually a man would not go to the extent of exposing his wife and accusing her of Zina unless he is telling the truth and has good reason to do this, and she knows that what he is accusing her of is true. So in her case the fifth testimony calls for the wrath of Allah to be upon her, for the one upon whom is the wrath of Allah, is the one who knows the truth yet deviates from it. Then Allah mentions His grace and kindness to His creation in that He has prescribed for them a way out of their difficulties.
(And had it not been for the grace of Allah and His mercy on you!) meaning, many of your affairs would have been too difficult for you,
(And that Allah is the One Who forgives and accepts repentance,) means, from His servants, even if that comes after they have sworn a confirmed oath.
(the All-Wise. ) in what He prescribes and commands and forbids. There are Hadiths which explain how we are to put this Ayah into effect, why it was revealed and concerning whom among the Companions it was revealed.
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