Husband and Wife treated equal in testimony in accusation

Sura-24 [ An Nur madina 102]

The Quranic Text & Ali’s version

وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُن لَّهُمْ شُهَدَاء إِلَّا أَنفُسُهُمْ...

24:6. And for those who launch a charge against their spouses, and have (in support) no evidence but their own --

C2960. The case of married persons is different from that of outsiders. If one of them accuses the other of unchastity, the accusation partly reflects on the accuser as well.

Moreover, the link which unites married people, even where differences supervene, is sure to act as a steadying influence against the concoction of false charges of unchastity particularly where divorce is allowed (as in Islam) for reasons other than unchastity.

Suppose a husband catches a wife in adultery. In the nature of things four witnesses - or even one outside witness - would be impossible. Yet after such an experience it is against human nature that he can live a normal married life. The matter is then left to the honour of the two spouses.

If the husband can solemnly swear four times to the fact, and in addition invoke a curse on himself if he lies, that is prima facie evidence of the wife's guilt. But if the wife swears similarly four times and similarly invokes a curse on herself, she is in law acquitted of the guilt. If she does not take this step, the charge is held proved and the punishment follows.

In either case the marriage is dissolved, as it is against human nature that the parties can live together happily after such an incident.

...فَشَهَادَةُ أَحَدِهِمْ أَرْبَعُ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الصَّادِقِينَ ﴿٦﴾

their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;

وَالْخَامِسَةُ أَنَّ لَعْنَتَ اللَّهِ عَلَيْهِ إِن كَانَ مِنَ الْكَاذِبِينَ ﴿٧﴾

24:7. And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.

وَيَدْرَأُ عَنْهَا الْعَذَابَ أَنْ تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ...

24:8. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah,

...إِنَّهُ لَمِنَ الْكَاذِبِينَ ﴿٨﴾

that (her husband) is telling a lie;

وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِن كَانَ مِنَ الصَّادِقِينَ ﴿٩﴾

24:9. And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.

وَلَوْلَا فَضْلُ اللَّهِ عَلَيْكُمْ وَرَحْمَتُهُ...

24:10. If it were not for Allah's grace and mercy on you,

...وَأَنَّ اللَّهَ تَوَّابٌ حَكِيمٌ ﴿١٠﴾

and that Allah is Oft-Returning, Full of Wisdom -- (ye would be ruined indeed).

C2961. Cf. 24:11-14, and n. 2962, which illustrates the matter by a concrete instance.

إِنَّ الَّذِينَ جَاؤُوا بِالْإِفْكِ عُصْبَةٌ مِّنكُمْ...

24:11. Those who brought forward the lie are a body among yourselves:

C2962. The particular incident here referred to occurred on the return from the expedition to the Banui Mustaliq, A.H. 5-6.

When the march was ordered, Hadhrat Aisha was not in her tent, having gone to search for a valuable necklace she had dropped. As her litter was veiled, it was not noticed that she was not in it, until the army reached the next halt. Meanwhile, finding the camp had gone, she sat down to rest, hoping that some one would come back to fetch her when her absence was noticed.

It was night, and she fell asleep. Next morning she was found by Safwan, a Muhajir, who had been left behind the camp expressly to pick up anything inadvertently left behind. He put her on his camel and brought her, leading the camel on foot.

This gave occasion to enemies to raise a malicious scandal. The ringleader among them was the chief of Madinah Hypocrites, Abdullah ibn Ubai, who is referred to in the last clause of this verse.

He had other sins and enormities to his debit, and he was left to the punishment of an unrepentant sinner, for he died in that state. The minor tools were given the legal punishment of the law, and after penitence mended their lives. They made good.

...لَا تَحْسَبُوهُ شَرًّا لَّكُم بَلْ هُوَ خَيْرٌ لَّكُمْ...

think it not to be an evil to you: on the contrary it is good for you:

C2963. It is worse for a scandal to be whispered about with bated breath, than that it should be brought into the light of day and disproved.

...لِكُلِّ امْرِئٍ مِّنْهُم مَّا اكْتَسَبَ مِنَ الْإِثْمِ...

to every man among them (will come the punishment) of the sin that he earned,

...وَالَّذِي تَوَلَّى كِبْرَهُ مِنْهُمْ لَهُ عَذَابٌ عَظِيمٌ ﴿١١﴾

and to him who took on himself the lead among them, will be a Penalty grievous.

C2964. The ringleader: see n. 2962 above.

لَوْلَا إِذْ سَمِعْتُمُوهُ ظَنَّ الْمُؤْمِنُونَ وَالْمُؤْمِنَاتُ بِأَنفُسِهِمْ خَيْرًا...

24:12. Why did not Believers -- men and women -- when ye heard of the affair -- put the best construction on it in their own minds

C2965. Both men and women were involved in spreading the scandal. Their obvious duty was to put the best, not the worst, construction on the acts of one of the "mothers of the Believers".

...وَقَالُوا هَذَا إِفْكٌ مُّبِينٌ ﴿١٢﴾

and say, "This (charge) is an obvious lie"?

لَوْلَا جَاؤُوا عَلَيْهِ بِأَرْبَعَةِ شُهَدَاء...

24:13. Why did they not bring four witnesses to prove it?

C2966. If any persons took it seriously, it was their duty to search for and produce the evidence, in the absence of which they themselves became guilty of slander.

...فَإِذْ لَمْ يَأْتُوا بِالشُّهَدَاء فَأُوْلَئِكَ عِندَ اللَّهِ هُمُ الْكَاذِبُونَ ﴿١٣﴾

When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!

Asad’s Version:

24:6

And as for those who accuse their own wives [of adultery], but have no witnesses except themselves, let each of these [accusers) call God four times to witness' that he is indeed telling the truth,

(24:7) and the fifth time, that God's curse be upon him if he is telling a lie.

(24:8) But [as for the wife, all] chastisement shall be averted from her by her calling God four times to witness that he is indeed telling a lie, (24:9) and the fifth [time], that God's curse be upon her if he is telling the truth. 10

[[Asad’s note - 10 Thus, the husband's accusation is to be regarded as proven if the wife refuses to take an oath to the contrary, and disproved if she solemnly sets her word against his, Inasmuch as this procedure, which is called li'an ("oath of condemnation"), leaves the question of guilt legally undecided, both parties are absolved of all the legal consequences otherwise attending upon adultery - resp. an unproven accusation of adultery - the only consequence being a mandatory divorce.]]

Asad’s Version:

24:10

AND WERE it not for God's favour upon you, [O man,] and His grace, and that God is a wise acceptor of repentance...!"

(24:11) Verily, numerous among you are those who would falsely accuse others of unchastity: 12 [but, O you who are thus wronged,] deem it not a bad thing for

you: nay, it is good for you! 13 [As for the slanderers,] unto every one of them [will be accounted] all that he has earned by [thus] sinning; and awesome suffering awaits any of them who takes it upon himself to enhance this [sin] ! "

[[Asad’s notes - 1 1 This sentence, which introduces the section dealing with the condemnation of all unfounded or unproven accusations of unchastity - as well as the similar sentence which closes it in verse 20 - is deliberately left incomplete, leaving it to man to imagine what would have happened to individual lives and to society if God had not ordained all the above-mentioned legal and moral safeguards against possibly false accusations, or if He had made a proof of adultery dependent on mere circumstantial evidence. This idea is further elaborated inverses 14-15.

12 Lit., "those who brought forth the lie (al-ifk, here denoting a false accusation of unchastity) are a numerous group ('usbah) among you" . The term 'usbah signifies any group of people, of indeterminate number, banded together for a particular purpose (Taj al-'Arus). - According to all the commentators, the passage comprising verses 1 1 -20 relates to an incident which occurred on the Prophet's return from the campaign against the tribe of Mustaliq in the year 5 H. The Prophet's wife 'A'ishah, who had accompanied him on that expedition, was inadvertently left behind when the Muslims struck camp before dawn. After having spent several hours alone, she was found by one of the Prophet's companions, who led her to the next halting-place of the army. This incident gave rise to malicious insinuations of misconduct on the part of A'ishah; but

these rumours were short-lived, and her innocence was established beyond all doubt. - As is the case with all Qur'anic allusions to historical events, this one, too, is primarily meant to bring out an ethical proposition valid for all times and all social circumstances: and this is the reason why the grammatical construction of the above passage is such that the past-tense verbs occurring inverses 11-16 can be - and, I believe, should be - understood as denoting the present tense.

1 3 I.e., in the sight of God: for, the unhappiness caused by unjust persecution confers - as does every undeserved and patiently borne suffering - a spiritual merit on the person thus afflicted. Cf. the saying of the Prophet, quoted by Bukhari and Muslim: "Whenever a believer is stricken with any hardship, or pain, or anxiety, or sorrow, or harm, or distress - even if it be a thorn that has hurt him - God redeems thereby some of his failings."

]]

Yuksel’s version

24:6 Those who accuse their wives, but they have no witnesses except for themselves, then the testimony of one of them is to be equivalent to that of four witnesses if he is swearing by God that he is being truthful.

24:7 The fifth shall be God's curse upon him if he is one of those lying.

24:8 The punishment will be averted from her if she testifies four times by God that he is of the liars.

24:9 The fifth shall be that God's curse is upon her if he is speaking the truth.

24:10 All this is from God's favor upon you and His mercy. God is Forgiving, Wise.

24:11 Those who have brought forth the false accusation were a group from within you. Do not think it is bad for you, for it is good for you. Every person amongst them will have what he deserves of the sin. As for he who had the greatest portion of it, he will have a great retribution.*

24:12 If only when you heard it the acknowledging men and women should have thought good of themselves and said: "This is an obvious lie!"

24:13 If only they had brought four witnesses to it. If they did not have the witnesses, then these with God are the liars.

[[*024:011 By not mentioning the person's name in this historical event, the Quran wants to keep its universal application clear. See 111:1 ]]