[Derived from the conversation and writing of Javed Ahmed Ghamidi]
According to newspaper reports, in recent days in a village named Jatoi in Punjab, certain human-like beasts attempted gang rape in public. This incident has been met with deep sorrow and grief in national and international circles, and there has been a demand for the perpetrators to be punished as swiftly as possible. The Chief Justice of Pakistan took suo motu notice of this incident and ordered government officials to take immediate action. We believe that if the newspaper account is accurate, the criminals deserve the most severe punitive measure. This is a matter of protecting the foundations of honor and chastity on which the edifice of our society is built. It is the responsibility of the members of society to maintain as much pressure as possible for the accountability of the criminals. It should never be the case that the flaws in our judicial system become a reason for the criminals to escape real punishment even on this occasion. At this juncture, a question has also arisen before the people about what the appropriate punishment for this crime should be according to Sharia.
Some of our friends have sought to understand Javed Ahmed Ghamidi’s perspective on the punishment for adultery in relation to this incident. According to our understanding, its summary can be outlined in the following key principles:
Javed Ahmed Ghamidi has very clearly expressed his viewpoint on the punishment for adultery in his works Meezan and Burhan. His stance is based on the following verse from Surah An-Nur:
اَلزَّانِيَةُ وَالزَّانِىۡ فَاجۡلِدُوۡا كُلَّ وَاحِدٍ مِّنۡهُمَا مِائَةَ جَلۡدَةٍوَّلَا تَاۡخُذۡكُمۡ بِهِمَا رَاۡفَةٌ فِىۡ دِيۡنِ اللّٰهِ اِنۡ كُنۡتُمۡ تُؤۡمِنُوۡنَ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِۚ وَلۡيَشۡهَدۡ عَذَابَهُمَا طَآٮِٕفَةٌ مِّنَ الۡمُؤۡمِنِيۡنَ. اَلزَّانِىۡ لَا يَنۡكِحُ اِلَّا زَانِيَةً اَوۡ عَلَى الۡمُؤۡمِنِيۡنَ.
A man or a woman guilty of fornication, flog each of them with a hundred lashes [if their crime is proven], and in [the implementation of] this law of God any feeling of sympathy with them should not arise in you, if you in reality believe in God and in the Hereafter. And at the time of their punishment a group of Muslims should also be present there. [After this punishment,] this man guilty of fornication can only marry a woman guilty of fornication or an idolatress. And this woman guilty of fornication also shall only be wedded by a man guilty of fornication or by an idolater. This has been prohibited to the believers. (24:2-3)
According to him, the punishment of one hundred lashes is the punishment that the Holy Qur’an has prescribed for the crime of fornication. There is no additional punishment mentioned in the Holy Qur’an regarding this crime.
Here, the question arises that if adultery transforms from a common crime into rape or takes on an even worse form, as described in the Jatoi incident, will the punishment of a hundred lashes still apply in that situation, and will there be no change in the punishment due to the difference in the intensity and abomination of the crime?
We understand that precisely this question also arises in the context of punishments for theft and murder. The punishment for theft is the amputation of the hand, and the punishment for premeditated murder is death. However, when theft takes the form of robbery and murder assumes the character of terror and barbarity, will the general punishments for these crimes still be enforced in such cases?
According to Javed Ahmed Ghamidi, the Qur’an provides very clear guidance on this matter. Crimes of this nature are described by it as muharabah (waging war against God and His Messenger) and fasad fil-ardh (spreading corruption in the land), and it prescribes four punishments for the perpetrators of such crimes. It has been stated:
اِنَّمَا جَزٰٓؤُا الَّذِيۡنَ يُحَارِبُوۡنَ اللّٰهَ وَرَسُوۡلَهٗ وَيَسۡعَوۡنَ فِى الۡاَرۡضِ فَسَادًا اَنۡ يُّقَتَّلُوۡۤا اَوۡ يُصَلَّبُوۡۤا اَوۡ تُقَطَّعَ اَيۡدِيۡهِمۡ وَاَرۡجُلُهُمۡ مِّنۡ خِلَافٍ اَوۡ يُنۡفَوۡا مِنَ الۡاَرۡضِؕ ذٰ لِكَ لَهُمۡ خِزۡىٌ فِى الدُّنۡيَا وَ لَهُمۡ فِى الۡاٰخِرَةِ عَذَابٌ عَظِيۡمٌ ۙ( ٣٣)اِلَّا الَّذِيۡنَ تَابُوۡا مِنۡ قَبۡلِ اَنۡ تَقۡدِرُوۡا عَلَيۡهِمۡۚ فَاعۡلَمُوۡۤا اَنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ( ٣٤)
[They should be told that] the punishment of those who wage war against God and His Messenger and in this way strive to spread anarchy in the land is to execute them in an exemplary way or to crucify them or to amputate their hands and feet from opposite sides or to banish them from the land. Such is their disgrace in this world, and in the Hereafter, for them shall be an awful doom except those who repent before you overpower them; so, [do not commit excess against them and] you should understand well that God is Forgiving, Ever-Merciful. (5:33-34)
In explaining this verse, he writes in his book Meezan:
When the Messenger of Allah is present in the world and people, under his rule, choose rebellion against any of his commands or decisions, it is tantamount to fighting against Allah and His Messenger. This is similarly expressed as causing corruption on earth. It refers to the situation when an individual or group rebels against the law and wages war against people’s lives, property, honor, intellect, and opinions. Consequently, murder becomes terrorism, adultery turns into rape, theft becomes robbery, or when people make immorality a profession, openly engage in debauchery, pose a threat to the dignity and honor of the respectable due to their wantonness, mischief, and sexual delinquency, rise in rebellion against state order, or create issues of law and order for the government through crimes like kidnapping, sabotage, intimidation, and other serious offences, they are guilty of the same ‘corruption on earth.’ Four punishments for their suppression are stated in these verses:
1.Taqteel
2.Tasleeb
3.Cutting off hands and feet in a disorderly manner
4.Exile
The term Taqteel refers to execution in an exemplary manner. Tasleeb refers to crucifixion, where the criminal’s hands and feet are nailed, and they are hung on a cross to be left to die slowly. “Cutting off hands and feet in a disordered manner” implies cutting off a hand from one side and a foot from the other to make the person an example while letting them remain alive. The court has the authority to impose whatever punishment it deems appropriate based on the nature and severity of the crime.
The words “this is a disgrace for them in this world” indicate that a necessary aspect of the punishment for muharibah and fasad fil-ardh is to disgrace the criminal in this world. The purpose of this is to ensure that these criminals become a lesson for others, so that there remains no courage to commit such crimes. Therefore, it is essential that while administering punishment, no feelings of mercy or sympathy should prevail. In this context, Imam Amin Ahsan Islahi writes:
…This disgrace in the world will serve as a means of lesson and insight for others, and as a result of it, even among those who do not possess the capability to respect the law merely on the basis of its utility and greatness, a sense of fear and respect for the law will be instilled. In the present age, the sympathetic and sentimental theories that have emerged under the guise of philosophy for crime and criminals are precisely the reason why, as humanity appears to progress outwardly, the world is simultaneously becoming more of a hell. Islam does not encourage such hollow theories. Its law is not based on fanciful ideas, but rather upon human nature. (Tadabbur-e-Qur’an 2/507-508)
In light of this discussion, it can be stated that if the crime committed in Jatoi is exactly as detailed in news reports, then it would not be categorized as a common crime of adultery. In its essence, it is a crime of muharibah and fasad fil-ardh according to the Qur’an. The punishment for this can be Taqteel, which means execution in a manner that serves as a deterrent. The punishment of stoning or rajm is a form of this Taqteel, in which people kill the criminal by throwing stones at them. If the court wishes, it can impose this punishment of rajm on the criminal of fasad fil-ardh.
However, can it be expected on this basis that in the future the occurrence of such crimes will completely cease? Everyone will answer this question in the negative. There is no doubt that the fear of punishment keeps a person inclined to refrain from crime, but it is also a reality that when a person resorts to oppression, immorality, and revenge, they do not hesitate to commit the worst crimes without regard for their life, wealth, or honor. Therefore, along with punishments, and indeed beyond that, it is necessary to make arrangements for the education and training of the members of society. They need to be awakened to high morals and respect for the law. This is the main path to crime prevention.