Wednesday 26 October 2011

Incest is a worse and more serious sin

 

What is the hadd punishment for incest? Can there be any repentance from that?.

Praise be to Allaah.

Firstly: 

Zina with a mahram relative is a graven sin that zina with a
non-mahram, because it is severing the ties of kinship, and an act of
aggression against those with whom we are enjoined to uphold ties of
kinship. Hence some of the scholars are of the view that the one who commits
zina with a mahram should be executed in all cases, whether he was married
or unmarried. This was narrated from Ahmad (may Allaah have mercy on him).
The majority are of the view that he should be subjected to the hadd
punishment; so if he was married he should be stoned and if he was not
married he should be given one hundred lashes, even though his sin is
greater. 

It says in Mataalib Ooli al-Nuha (6/18): The one who
commits zina with his sister is like one who commits zina with anyone else
(with regard to hadd punishment), because of the general meaning of the
reports. It was narrated from him (i.e., Imam Ahmad) that the one who
commits zina with a mahram should be killed whatever the case, whether he
was married or not. It was said to him: What about the woman? He said: It
applies to both of them. But out view is what was stated above, i.e., that
zina with a mahram is like zina with anyone else. End quote. 

Ibn al-Qayyim (may Allaah have mercy on him) said concerning
intercourse with one’s mother, daughter or sister: There is a totally
natural repulsion towards that, and the hadd punishment for that is one of
the most severe of punishments according to one of the two opinions, which
is execution in all cases, whether he was married or not. This is one of the
two views narrated from Imam Ahmad, and it is also the view of Ishaaq ibn
Raahawayh and a number of the scholars of hadeeth. Abu Dawood narrated that
al-Bara’ ibn ‘Aazib said: I met my paternal uncle and he was carrying the
banner. I said to him: Where are you going? He said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) has sent me to a man who
married his father’s wife after he died, to strike his neck and confiscate
his wealth. [Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel
(2351).] 

In Sunan Abi Dawood and Sunan Ibn Majaah it is
narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “Whoever has intercourse with a
mahram relative, kill him.” [Classed as da’eef by al-Albaani in Da’eef
al-Jaami’ (5524).] 

The Muslims are unanimously agreed that the one who commits
zina with a mahram deserves the hadd punishment; they only differed with
regard to the nature of hadd punishment: should it be execution in all
cases, or is it the hadd punishment of the (ordinary) zaani? There are two
points of view. Al-Shaafa’i, Maalik and Ahmad, according to one of the
reports from him, were of the view that he should be subjected to the hadd
punishment for zina. Ahmad, Ishaaq and a number of the scholars of hadeeth
were of the view that his punishment is execution whatever the case. End
quote from al-Jawaab al-Kaafi, p. 270. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) favoured
the view that the one who commits zina with a mahram should be executed in
all cases. He said: The apparent meaning of the author’s words is that there
is no difference between zina with a mahram relative and zina with anyone
else, but zina with a mahram is punishable by execution in all cases,
because of a saheeh hadeeth that speaks of that. This view was favoured by
Ibn al-Qayyim in al-Jawaab al-Kaafi , where he said that the one who
commits zina with a mahram should be executed whatever the case. 

For example, if a man committed zina – Allaah forbid – with
his sister or his paternal aunt or his maternal aunt or his wife’s mother or
the daughter of a wife with whom he had consummated the marriage and so on,
then he is to be executed whatever the case, because this intimacy is not
permissible to him under any circumstances whatsoever, because the woman is
one of his mahrams, and because this is a grave immoral action. There is
also a hadeeth which was narrated from the Messenger (peace and
blessings of Allaah be upon him) about executing the one who has intercourse
with one of his mahrams. This was narrated from Ahmad, and it is the correct
view, that the one who commits zina with one of his mahrams should be
executed even if he was not married. End quote from al-Sharh al-Mumti’
(6/132). 

It says in al-Mawsoo’ah al-Fiqhiyyah (24/20): The sin
of zina varies in severity. Zina with a mahram or married woman is worse
than zina with a stranger (non-mahram) or unmarried woman, because it is a
transgression against the sacred rights of the husband and corrupting his
lineage, and it may involve attributing offspring to him who are not his,
and other kinds of damage. So it is a worse sin than zina with a woman who
does not have a husband or who is a stranger (non-mahram). If her husband is
a neighbour then it also involves bad treatment of neighbours, and
mistreating neighbours is one of the worst kinds of mistreatment and one of
the worst sins that may doom a person to Hell. If the neighbour was a
brother or one of his relatives, it also involves severing ties of kinship,
so the sin is compounded. It was proven that the Prophet (peace and
blessings of Allaah be upon him) said: “He will not enter Paradise from
whose harm his neighbour is not safe.” There is no harm greater than zina
with one’s neighbour’s wife. If the neighbour is absent doing something in
obedience to Allaah, such as worship, seeking knowledge or jihad, then the
sin is compounded. The one who commits zina with the wife of one who is
fighting for the sake of Allaah will be made to stand before him on the Day
of Resurrection, and he will take as much of his good deeds as he wants. The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
“The sanctity of the wives of the mujaahideen for those who stay behind is
like the sanctity of their own mothers. There is no man among those who stay
behind who looks after the family of one of the mujaahideen and then betrays
him with regard to them, but he will be made to stand on the Day of
Resurrection, and he (the mujaahid) will take as much of his good deeds as
he wishes, so what do you think?” Narrated by Muslim (1897). i.e., do you
think he will leave him any of his hasanaat (good deeds)? It has already
been ruled that he has the right to take whatever he wants at the time when
all people will be desperate for even a single hasanah. If it so happens
that the woman was also his relative, the sin of severing ties of kinship
will be added to that. If it so happens that the zaani was also married,
then the sin is even greater. If he was an old man, the sin and punishment
will be greater. If that also occurred during a sacred month or in a sacred
place, or at a time that is held in high regard by Allaah, such as the time
of prayer or times when du’aa’s are answered, the sin is further compounded.
End quote.

 Secondly: 

The one who has done any such thing should hasten to repent
to Allaah, may He be exalted. Repentance may be valid for any sin, no matter
how great. Allaah says (interpretation of the meaning): 

“Know they not that
Allaah accepts repentance from His slaves and takes the Sadaqaat (alms,
charity), and that Allaah Alone is the One Who forgives and accepts
repentance, Most Merciful?”

[al-Tawbah 9:104] 

“And those who invoke
not any other ilaah (god) along with Allaah, nor kill such person as Allaah
has forbidden, except for just cause, nor commit illegal sexual intercourse

and whoever does this shall receive the punishment.

69. The torment will be
doubled to him on the Day of Resurrection, and he will abide therein in
disgrace;

70. Except those who
repent and believe (in Islamic Monotheism), and do righteous deeds; for
those, Allaah will change their sins into good deeds, and Allaah is
Oft‑Forgiving, Most Merciful

71. And whosoever
repents and does righteous good deeds; then verily, he repents towards
Allaah with true repentance”

[al-Furqaan 25:68-70] 

“And verily, I am indeed
forgiving to him who repents, believes (in My Oneness, and associates none
in worship with Me) and does righteous good deeds, and then remains constant
in doing them (till his death)”

[Ta-Ha 20:82] 

These verses indicate that the one who repents must do a lot
of good deeds and follow the path of guidance, and keep away from the causes
of temptation. 

And Allaah knows best.

Important note to learn and online quran recitation

 

The true knowledge of Islam is in reading quran online  and bring the true succeed in to our daily life we should learn holy quran online as much as we could and not just in Arabic but try to understand the meaning of it so when ever we listen to quran online we can understand the Koran and learn how to read quran online it gives us the guidance to bring the purity in to our life with the true way and also spread the word of Islam and its knowledge to all over the world find  holy quran reciter and more Islamic articles in this learning quran blog and feel free to spread it further as much as you could

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