What is Lewdness/Sexual Immorality?

[Forum Questions]

QUESTION ASKED ON ANOTHER FORUM
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Is lewdness (faahishata) as stated in 4:15 the same as fornication/adultery?

4:15 "If any woman or a group of women spread sexual immorality or lewdness in the society, it is required that the appropriate court take four reliable witnesses. If their testimony corroborates with other evidence (12:26), confine them to their houses (since immorality is as contagious as good conduct). This confinement would be for an indefinite period, unless such women seek the way of God (such as repentance and reform or that the singles among them get honorably married)."

if Yes, then which punishment is to be meted out, the one in 4:15 or the one mentioned in 24:2?

24:2 "The adulteress and the adulterer, flog each one of them with a hundred stripes. And let not compassion sway you in their case from carrying out God's law, if you believe in God and the Last Day. And let a group of believers witness the penalty."

[Joseph Islam]

RESPONSE GIVEN BY JOSEPH ISLAM
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Peace brother [Name Removed]

'Fahisha' is anything which is evil, an excess, an enormity, immoderate, beyond measure or an excessive sin. So something which is gross, or lewd and obscene. This excess can also apply to speech or language (as in uttering foul, evil, lewd or obscene speech).

Note how 'fahishatu' is used as excess (in slander / scandal in speech) in 24:19

24:19 Surely, those who love to see immorality (Arabic: fahishatu) spread among the believers, shall be punished in this world and in the life to come. For, God knows and you do not know.

Now the 'fahisha' here given the context of the narrative dealing with slander is not referring to sexual immorality, but a reference to slander or obscene or transgressed speech by those amongst the believers that spread slander.

There is no 'fahisha' in 24:2. The terms used are 'zaniyatu' (female) and 'zani' (male) which means one that commits fornication / adultery (zina).

So yes, 'zina' can be considered as a form of fahisha but not all 'fahisha' is 'zina'.

Therefore, there is not necessarily any conflict between 4:15 and 24:2 as they are two separate conditions and offences. Whereas the offence in 4:15 could be an ill which affects the wider society (such as prostitution), the offence in 24:2 is simply restricted to personal immorality such as adultery or fornication and applies to both genders and attracts a specific punishment.

Just my humble opinion. Happy to stand corrected by a more cogent interpretation from the Quran and Arabic usage.

[Forum Questions]

QUESTION ASKED ON ANOTHER FORUM
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Thanks for your response brother ...

I was thinking the same but then in 4:25 "fahishatin" is used in the sense of adultery which is confirmed by the fact that it says "their [believing maidens] punishment will be half that of the free women" i.e 50 lashes.

///Whereas the offence in 4:15 could be an ill which affects the wider society (such as prostitution), the offence in 24:2 is simply restricted to personal immorality such as adultery or fornication and applies to both genders and attracts a specific punishment.///

Is not the act between a prostitute and her partner either adultery or fornication? Why should it not be treated in accordance with 24:2?

[Joseph Islam]

RESPONSE GIVEN BY JOSEPH ISLAM
[Please contact Joseph Islam for further details of the original thread]

Dear Brother [Name Removed]

Thank you for your response.

As you will note from my post, I have humbly already admitted that adultery is a form of 'Fahisha' but not all 'Fahisha' is 'zina'. Apart from the fact that 'prostitution' was merely quoted as an example and that no one would claim that the only service a prostitute offers is 'zina', there are many other forms of 'fahisha' that are possible without they amounting to zina. Without seeming to reiterate, Fahisha in the context of 4:15 is an ill which affects wider society. Therefore, I would find it difficult to accept the assertion that the type of 'Fahisha' in 4:15 is synonymous with the specific 'Fahisha' (zina) mentioned in 24:2. There is a difference.

I also, humbly, will not be able to concur with your understanding that 'Fahishtan' in 4:25 is restricted to 'zina'. Albeit, if the 'Fahisha' was found to be 'zina' one would no doubt appeal to the 50 lash prescription as half of what is stipulated in 24:2. But please note the lack of any numbers stipulated in verse 4:25, other than 'nisfu' (half) of the punishment levied to a believing woman in a similar situation. Therefore the scope of 'Fahishtan' in 4:25 is not restricted to 'zina' but can denote any number of transgressions. Would one restrict the interpretation of 'Fahisha' in 33:30 when referring to the Prophet's wives as 'zina' (adultery)? Of course not! (as I'm sure you will agree with me) but rather, it refers to any unseemly conduct which amounts to a transgression. Hence the suffering / punishment would be doubled for the Prophet's wives in this case. This is consistent with the understanding of 'Fahisha'.

I hope that helps.

Your brother ...