The accuser must produce four witnesses. If the accuser fails to do so then he or she must be punished. The accused, in turn, will also have to produce four witnesses to support his or her denial or else he or she will have to face the music.
NO HOLDS BARRED
Raja Petra Kamarudin
Saiful dares Anwar to swear in front of ulamaks
Mohd Saiful Bukhari Azlan has challenged PKR de facto leader Datuk Seri Anwar Ibrahim to solve the matter either through mubahalah (malediction) or take oath in front of ulamaks (religious figures). In an e-mail sent to TV3, which was aired during the station’s Buletin programme yesterday, Mohd Saiful said: “The truth will prevail. Falsehood will surely be exposed.”
The former aide to Anwar also described the sodomy issue as personal between them. Mohd Saiful said he does not blame the rakyat and hoped that they would be calm and accept the fact with an open heart.
“I take all criticisms with an open heart. As a victim, I have the right to get protection,” he said. He ended the e-mail by challenging Anwar to set the time and date to solve the matter through mubahalah. “Just inform me of the time and date. I am not afraid to keep my promise,” he added. - The Star
Now look at the following verses of the Quran.
The Quran, Surah 24: Light
1. A sura which We have sent down and which We have ordained in it have We sent down Clear Signs, in order that ye may receive admonition.
2. The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
3. Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.
4. And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-
5. Unless they repent thereafter and mend (their conduct); for Allah is Oft- Forgiving, Most Merciful.
6. And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;
7. And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.
8. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie;
9. And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.
So, as you can see, the Anwar-Saiful sodomy issue is actually quite easy to resolve. First of all, though, there is no such thing as carrying a Quran above your head or swearing an oath in front of people who wear turbans and robes. (If not then the Chartered Bank ‘big, strong and friendly’ jaga would not get a day’s rest). Such things do not exist in Islam and are old folks tales conjured by ignorant peasants who know no better.
The Quran has addressed this matter in surah (chapter) 9 - (Repentance, Dispensation) - verse 31. “They take their priests and their scholars to be their lords in derogation of Allah, and (they take as their Lord) Christ the son of Mary; yet they were commanded to worship but One Allah. There is no god but He. Praise and glory to Him: (Far is He) from having the partners they associate (with Him).”
You DO NOT swear an oath in front of priests or people who happen to have a better command of Arabic than you do. You swear an oath in front of God. It would be better if you can produce four witnesses to support your allegation or denial. But if you can’t, then you swear an oath four times in lieu of these four witnesses and then a fifth oath for God to condemn your soul if you are lying.
Of course, Surah Nur (Light) addresses the issue of a man who accuses a woman of adultery. But many scholars have agreed that a man accusing another man of ‘adultery’ (either with a man or woman) can be covered under these verses because adultery is adultery whatever gender is involved.
The procedure is simple. You (the accuser) produce four witnesses or you swear an oath five times that you are telling the truth. Then the accused defends himself or herself by also producing four witnesses -- or else he or she also swears an oath five times. What happens when BOTH the accuser and the accused fail to produce four witnesses and BOTH swear an oath five times? Then the next surah will apply.
The Quran, Surah 39: The Troops, Throngs
30. Truly thou wilt die (one day), and truly they (too) will die (one day).
31. In the end will ye (all), on the Day of Judgment, settle your disputes in the presence of your Lord.
32. Who, then, doth more wrong than one who utters a lie concerning Allah, and rejects the Truth when it comes to him; is there not in Hell an abode for blasphemers?
33. And he who brings the Truth and he who confirms (and supports) it - such are the men who do right.
Yes, that’s right, then the lying party gets his or her just rewards in front of God later, after he or she dies, whichever of the two may be lying. You can’t change the rules. These are the rules as laid down by the Quran. And only the Quran applies as far as the rules of conduct for Muslims are concerned.
Let us look at another scenario. A man is caught with a woman in a hotel room and this woman is not his wife. What happens? If they are both not Muslims then nothing happens. But if one or both of them are Muslims, then they will be punished. But if they are both of ‘legal’ age and it is something between two consenting adults, how can they be punished? There is no common law that declares extramarital sex as a crime. However, it is a crime as far as Islam is concerned, so if you are a Muslim then Islamic laws will apply whereby you will certainly be punished.
The same applies in other cases where Islam regards such conduct as a crime. In an allegation of adultery, Islam is very specific as to how one must face the music. The accuser must produce four witnesses. If the accuser fails to do so then he or she must be punished. But if the accuser swears an oath five times, then he or she will escape punishment and will have to face God later to be punished if he or she is lying.
The accused, in turn, will also have to produce four witnesses to support his or her denial or else he or she will have to face the music. And if the accused also swears an oath five times, then he or she will escape punishment but will have to face God later to be punished if he or she is lying.
Okay, you might argue that since sodomy is a crime under Malaysia’s common law then common law and not Islamic law must apply. Is that so? In that case I can’t be punished for not praying five times a day or for not going to the mosque on Friday since these are not crimes under common law. I can also drink beer in public and eat and drink in the daylight hours during the month of Ramadhan since these are also not crimes under common law. I can also have sex with a woman who is not my wife since this too is not a crime under common law -- as long as she is not 15 years old.
How can I be punished for all these ‘crimes’ when common law does not make them crimes? So you see, common law cannot override the Quran whenever the Quran specifies the conduct of Muslims as well as the punishment for breaching this code of conduct. If you are a Muslim, then the Quran applies, not common law. Common law only applies whenever the Quran is silent on any issue.
In fact, oral sex is a crime under common law and you can be jailed up to a maximum of seven years if you commit this ‘crime’. But Islam does not declare oral sex a crime so Muslims are permitted to enjoy oral sex although under common law they can be sent to jail for a long time. The religious scholars are divided on the matter of anal sex and some scholars say it is permitted while others say it is not. But under common law you can be sent to jail just like in the case of oral sex. Muslims, however, are allowed to follow their scholars’ advice in either doing it or not doing it, as the case may be, and they do not care what common law has to say about it.
Yes, where the Quran is specific about something then Islamic laws will apply. Only when the Quran is silent about the subject matter will common law apply (like parking your car in a ‘no parking’ zone). There is also no sedition in Islam. In fact, the Sedition Act is un-Islamic. Islam makes it mandatory to speak out against the government and rulers and it would be a sin to keep quiet. So do not fear going to jail for a ‘crime’ of sedition because God will punish you more severely later if you keep silent for fear of going to jail when it is mandatory to speak out against transgressions and to oppose oppression. Two years jail is nothing compared to what God will do to you later.
So, back to the sodomy issue; Saiful has to swear an oath five times and so does Anwar. And if they do that then the matter ends there, at least as far as this life is concerned. Then one of them, the lying party, will have to face God later to receive his punishment. This is what God says and since both are Muslims then this, and only this, will be what will apply. Man’s laws cannot override God’s laws when you are a Muslim. That is the long and short of the whole issue
