Hazrat Ali (A) has reported from the Holy Prophet (SA ) who said: If two persons stand witness to the fact that some body has indulged in magic, a judge who is just and of proved good moral character can punish him by sentencing him to death. (Wafi, vol. 9, p. 69).
A man was brought to Hazrat Ali (A). He had set on fire the house of another man due to malice. Hazrat Ali (A) ordered the accused to pay a fine equal to the cost of the house and the effects of the house-hold. Then he ordered that the man to be beheaded.
(Wafi, vol. 3, p. 122 through Abu Turab (Urdu) vol. 2, p./189)
4. Punishment for Several Crimes in one and the Same Case
A man was once brought to Hazrat Ali (A) who had committed three crimes successively i.e., murder, theft and drinking. Hazrat Ali (A) ordered for his punishment in the following order:
1. Eighty strokes of a whip for drinking.
2. Cutting hand for theft.
3. Beheading for murder.
(Qaza & Teha., p. 183 through Abu Turab (urdu) vol. 2, p. 189-190.)
AccordIng to an order of Hazrat Ali (A) If an accused involved in a case in which one or more parts of some one’s body are damaged or destroyed or one is even killed, no penalty
is due from him if he has given a caution before accident, such as in games.
(Wafi, vol. 3, p. 123 through Abu Turab, vol. 2. p. 194).
7. Insanity in Crimes
Muhammad bin Abu Bakr once wrote to Hazrat Ali (AS):
“An insane man has committed murder intentionally. Please write to tell me as to what punishment should be awarded to that man?
Hazrat Ali (A) wrote back to him:
“The responsibility for paying penalty for the murder rests with the tribe of the insane man, because the mistake and intention of a mad man are equal to each other.”
8. Punishment as Reprimand or Warning
According to a report by Asbagh bin Nobata, Hazrat Ali (A) never suspended punishment even in the cases of minor children and slaves, but the punishment varied according to the ages of children and the quality of crime in case of slaves, but that too, was awarded as a warning to save them of major punishments in future.
(Qaza & Teha, p. 164; Wafi, vol. 9, p. 66 through Abu Turab (Urdu), vol. 2, pp. 195-199).
9. Punishment of Sodomy
Once Khalid bin Valeed wrote to Hazrat Abu Bakr (RA) that there was a man who was in the habit of getting the act of Sodomy committed on him (the – man). Hazrat Abu Bakr (RA) who was the caliph then asked for Hazrat Ali (A)’s advice in the matter saying that the Arabs viewed the cutting of a person into pieces a very bad thing. Hazrat Ali (A) advised that the man in question should be burnt to death. The punishment was carried out accordingly. (Arjahul Matalib, p 126).
Similary during the caliphate of Hazrat Omar (RA) two men were seen committing the act of sodomy. When apprehended, one of them ran away, but the other was caught and brought to the court of the caliph.
Hazrat Omar (RA) when sought advice of the people in the matter, . All proposed different punishments to be awarded to the accused. Hazrat Omar (RA) then turned to Hazrat Ali (A) and asked for his advice in deciding the case according to the divine law. Hazrat A1i (A) advised the caliph to behead the man. When the punishment was carried out according to the advice of Hazrat Ali (A) and under the orders of Hazrat Omar (RA) and the body of the accused was being carried away, Hazrat Ali (A) stopped the people and said that there was another punishment yet which was to be awarded to the man who had committed such a serious crime. He then ordered the people to collect fire-wood and burn the dead body of the man.. The orders of Hazrat Ali (A) were accordingly carried out with the consent of the then caliph, Hazrat Omar (RA). (Wafi, vol. 9, p. 51).
Hazra Imam Sadiq (A) has said :
“None from among men, who considers sodomy a correct action and having religious sanction, passes his life on earth without being hit by one of the stones from Allah by which He hit the nation of Lot, and he dies of it, but the people do not see it.”
(Qasasul Ambia, p. 162).
2. Punishment of Sahq
(Carnal Copulation between two women).
A group of people came to Hazrat Ali (A) to get an problem solved by him. As Hazrat Ali (A) was not present at the moment and they were about to go back when Hazrat Imam Hasan (A) asked them about the problem,adding that he would try to solve. In case he was correct, it would be deemed to have been solved by Allah and Amir-ul-Momineen Hazrat Ali (A) and if he went wrong the responsibility would be only his. He also said that Hazrat Ali (A) was about to reach the place, but if they narrated the problem to him, he was sure to solve it (by the Grace of Allah) correctly. The people there- upon narrated the problem to him as follows :-
“A man copulated with his wife after which she copulated with a virgin whereby the virgin girl became pregnant obviously with the creative germs of the man which were still in the womb of the wife.”
Hazrat Imam Hasan (A) said : the dower of the virgin should be exhorted from the wife of the man, because no child is born unless the curtain of virginity in the uterus of a woman is already removed.Thereafter, he advised them to wait till after the birth of the baby when her mother could be punished according to provisions of the religious law. The baby after she is born, he said, was to be handed over to her father, the husband of the woman concerned, who (the woman) would be stoned to death as provided in the religious law,
After this decision by Hazrat Imam Hasan (A) the people in question returned to their respective places, but while going back they met Hazrat Ali (A) and apprised him of the decision of Hazrat Imam Hasan (A) in their case. When Hazrat Ali (A) heard of the decision of Hazrat Imam Hasan (A) in such a difficult case he exclaimed: “ By God, had you met Abul Hasan ,(meaning himself), he would have nothing to say in the case except
what Hasan has said,” (Wafi, vol. 9, p. 52, Wasael, vol.3 p. 438, also Mustadrik, vol. 3, p. 254).
An explanation Regarding Sahq And Sodomy
Hazrat Imam Jafar Sadiq (A) has narrated that whenever two men or two women were presented before Hazrat Ali (A) with the accusation that they were found under a sheet in objectionable state, he issued orders for a part of the full punishment provided by law in such cases, if there was a doubt. (Wafi, vol. 9, p. 47).
The part of the full punishment in such cases as will appear from the following report is thirty whips to ninety-nine whips provided the crime is not actually committed and the case remains doubtful, otherwise full punishment will have to be awarded as provided in the religious law.
13. A Further Explanation
“A man requested Imam Jafar Sadiq (A) to kindly explain if there was any harm in two men sleeping together under one and the same sheet. Imam Jafar Sadiq (A) asked him to clarify as to whether they were related to each other. Getting the reply from the questioner in the negative he asked if they had slept together under the pressure of any necessity, i.e., there being only one sheet available with them and when he got the reply from the man again in the negative, he said that both of them would be punished by thirty whips each. The man then asked as to what the religious law said in the matter had they committed the crime in question. In that case,” replied Imam Jafar Sadiq (A), both of them would be struck with a sword cut on the neck to the extent it goes into the neck in one blow.” Thereupon the man exclaimed that that could result in the murder of the men in question. To that the Imam (A) replied that that was the law.
The man then asked as to what was the law if two women were involved in such a case. Hazrat Imam Jafar Sadiq (A) repeated the above two answers in this case also and when he was asked regarding the law had the women committed carnal copulation with each other, he exclaimed, “Oh! In that case both of the accused women would be stoned to death.”.
(Wafi, vol. 9, p. 48).)
It should be realised that Sahq and sodomy are such grave and serious crimes against humanity that the Mulim law has provided equally deterrent punishment for these and has totally prohibited sleeping of two men or two women together except in, very special cases as mentioned above (compiler).
I. Imam Jafar Sadiq (A) once ordered that two women should not sleep together unless there was a certain relation between them. If they do it they should initially be warned, but in case they insist upon it they should be punished . And if they repeat the same action for the fourth time they should be stoned to death. (Abu Turab, vol. 2,p176).
2. Imam Jafar Sadiq (A) was once asked by some women about the punishment of carnal copulation between two women. He replied that the punishment for such a crime was just the same as has been ordained by Allah in the Holy Quran for adultery i.e. one hundred whips for an unmarried woman and stoning to death for a married one. And when those women said objected that there was no mention of such a case in the Holy Quran, he exclaimed: “Why not?” ‘The people of Ras’ occuring in the Holy Quran indicated the persons were indulged in this very crime.
(Wafi, vol. 9, p. 52).
Note:-’Ras’ was the name of a channel near which ‘Ashab-e- Ras’ mentioned in the Holy Quran were residing before their complete destruction for committing the crime
mentioned above. (Compiler.)