26. In these two (verses 15-16)the first, preliminary directives for the
punishment for unlawful sexual intercourse are stated. The first verse deals
with women. The punishment laid down was to confine them until further directives
were revealed. The second verse (i.e. 16) relates to both sexes. The injunction
lays down that they should be punished - that is, they should be beaten and
publicly reproached. Later, another injunction was revealed see
(Surah al-Nur 24: 2) which laid down that both the male and female should be given a hundred
lashes. These injunctions are necessarily of a preliminary nature since the
people of Arabia were neither used to obeying the orders of any established
government, the verdicts of any courts of law nor to following any legal code;
it would therefore have been unwise to try to force acceptance of a penal code
upon them so soon after the establishment of the Islamic state. In due course,
the punishments for unlawful sexual intercourse, for slanderous accusations
of unchastity against women, and for theft were laid down in their definitive
form and served as the basis of that detailed penal code which was enforced
by the Prophet (peace be on him) and the Rightly-Guided Caliphs.
The apparent difference between the contents of the two verses led al-Suddi
to the misconceived belief that the first verse lays down the punishment for
married women, and the second that for unmarried men and women. This is a tenuous
explanation unsupported by any serious evidence and argument. Even less convincing
is the opinion expressed by Abu Muslim al-Isfahani that the first verse relates
to lesbian relations between females, and the second to homosexual relations
between males. It is strange that al-Isfahani ignored the basic fact that the
Qur'an seeks merely to chart a broad code of law and morality and hence deals
only with fundamental questions. It is inconsistent with the majestic style
of the Qur'an to discuss secondary details which have been left to people to
decide through the exercise of their legal judgement. It is for this reason
that when the problem of fixing a punishment for sodomy came up for consideration
after the time of the Prophet (peace be on him), none of the Companions thought
that the above-mentioned verse contained any relevant injunction.
27. The Arabic word tawbah means 'to return, to come back'. A man's tawbah
after he has sinned means that God's servant, who had turned away from his Master
in disobedience, has repented, and has returned to obedience and service. On
the other hand, tawbah on the part of God means that the attention of the Master,
which had turned away from His erring servant, has once again turned towards
him. In this verse, however, God makes it clear to His servants that tawbah
is acceptable only from those who commit errors inadvertently and out of ignorance.
Such persons will always find the door of God open for them whenever they turn
to Him in repentance.
But this tawbah is not for those who pile sin upon sin throughout their lives
in sheer indifference to God and who cry for pardon as soon as they see the
angel of death approaching. The Prophet (peace be on him) has warned against
this attitude in the following words: 'God accepts the repentance of a slave
until the gurgling (of death) begins.' (Tirmidhi, 'Da'wat', 98; Ibn Majah, 'Zuhd',
30; Ahmad b. Hanbal, Musnad, vol. 2, pp. 132 and 153, and vol. 3, pp. 425 -
Ed.) For when the last leaf of a man's book of life has been turned, what opportunity
remains for a man to return to righteous conduct? Likewise, if a person spends
even the very last moment of his life in a state of disbelief and then on the
threshold of the Next Life he comes to discover that the facts are quite contrary
to what he had imagined, what sense is there for him to seek forgiveness?