Fahishah according to the Qur’an
Is Fahishah in the Qur’an always referring to Heterosexual Zinah?
According to the extra-qur’anic traditionalists, the word Zinah is the same as Fahishah. Zinah is only one type of Fahishah though. In Verse 4:15, there is a type of Fahishah mentioned there, the traditionalists believe that the punishment listed for this type of Fahishah here is referring to Zinah, and that since this punishment is a different punishment for Zinah, that it was abrogated/replaced by another punishment in a verse specifically about Zinah, without actually understanding what Fahishah is being referred to here, hence their claim is far from the truth. Both the verses 4:15-16 talk about a specific type of Fahishah, to be clear, it’s not talking about Zinah between people of the opposite genders.
So let’s start with what’s in the verse itself. Verse 4:15 says Al Fahishah, which is the definitive form of Fahishah, when a word is prefixed with a definitive article (Al), it differs to its original non-definitive form, since Al Fahishah is a specific type of Fahishah, and since the punishment for it is different to clear one for Zinah in 24:2, we can negate the possibility that Al Fahishah means Zinah (adultery between man and woman), by also seeing the context of how the word Al Fahishah is used throughout the Qur’an. The first two verses are as follows:
القرءان سورة النساء 16-15
وَٱلَّـٰتِى يَأْتِينَ ٱلْفَـٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةً مِّنكُمْ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّـهُ لَهُنَّ سَبِيلًا وَٱلَّذَانِ يَأْتِيَـٰنِهَا مِنكُمْ فَـَٔاذُوهُمَا فَإِن تَابَا وَأَصْلَحَا فَأَعْرِضُوا۟ عَنْهُمَآ إِنَّ ٱللَّـهَ كَانَ تَوَّابًا رَّحِيمًا
• Saheeh International
Those who commit unlawful sexual intercourse of your women – bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way. the two who commit it among you, dishonor them both. But if they repent and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful. (Qur’an 4:15-16)
The traditionalists fail to recognize that Fahishah is in the definitive form as Al Fahishah, and can be found in that form in other verses all relating to a very specific context. Simple, they fail to recognise the difference between definitive and non-definitive words. In general, fahishah simply means sexual perversity which includes adultery, homosexuality, sexting and lewd flirting, however, depending on the context, we can negate that the punishment for Al Fahishah in 4:15 which is confining them to their homes applies to sexting and lewd flirting, all depending on the Tasreef based understanding on how Al Fahishah is used, via the Tasreef al Ayat methodology.
The next verse is 4:25, this verse talks about Fahishah, however it’s just the general term Fahishah, not the definitive term Al Fahishah, and based on the context of the verse, the Fahishah in this verse is Zinah, this verse doesn’t conflict with the punishment in 4:15-16, where this verse says the punishment for married Mamlik Yamin women is half of that of what independent women are given, and it’s referring to their adultery with men besides their husbands, while 4:15-16 do not.
القرءان سورة النساء 25
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَـٰتِ ٱلْمُؤْمِنَـٰتِ فَمِن مَّا مَلَكَتْ أَيْمَـٰنُكُم مِّن فَتَيَـٰتِكُمُ ٱلْمُؤْمِنَـٰتِ وَٱللَّـهُ أَعْلَمُ بِإِيمَـٰنِكُم بَعْضُكُم مِّنۢ بَعْضٍ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَـٰتٍ غَيْرَ مُسَـٰفِحَـٰتٍ وَلَا مُتَّخِذَٰتِ أَخْدَانٍ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَـٰحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَـٰتِ مِنَ ٱلْعَذَابِ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ وَأَن تَصْبِرُوا۟ خَيْرٌ لَّكُمْ وَٱللَّـهُ غَفُورٌ رَّحِيمٌ
• Saheeh International
And whoever among you cannot [find] the means to marry free, believing women, then [he may marry] from those whom your right hands possess of believing slave girls. And Allah is most knowing about your faith. You [believers] are of one another. So marry them with the permission of their people and give them their due compensation according to what is acceptable. [They should be] chaste, neither [of] those who commit unlawful intercourse randomly nor those who take [secret] lovers. But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free [unmarried] women. This [allowance] is for him among you who fears sin, but to be patient is better for you. And Allah is Forgiving and Merciful. (Qur’an 4:25)
According to the traditionalists, the punishment in this verse for Fahishah is referring to death by stoning, even though Fahishah here is describing Zinah, the punishment for that being as per verse 24:2 a 100 lashes for independent women and 50 for Mamlik Yamin women, additionally there is no way to half-stone and half-death someone or rather to stone someone to death twice over, since the punishment for women of the Nabi is double more than the punishment for regular independent women, as per verse 33:30, hence the punishment can never be stoning to death.
القرءان سورة الأحزاب 30
يَـٰنِسَآءَ ٱلنَّبِىِّ مَن يَأْتِ مِنكُنَّ بِفَـٰحِشَةٍ مُّبَيِّنَةٍ يُضَـٰعَفْ لَهَا ٱلْعَذَابُ ضِعْفَيْنِ وَكَانَ ذَٰلِكَ عَلَى ٱللَّـهِ يَسِيرًا
Factually, Zinah is a form of Fahishah according to the following verse.
القرءان سورة الإسراء 32
وَلَا تَقْرَبُوا۟ ٱلزِّنَىٰٓ إِنَّهُۥ كَانَ فَـٰحِشَةً وَسَآءَ سَبِيلًا
• Saheeh International
And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. (Qur’an 17:32)
القرءان سورة النور 2
ٱلزَّانِيَةُ وَٱلزَّانِى فَٱجْلِدُوا۟ كُلَّ وَٰحِدٍ مِّنْهُمَا مِا۟ئَةَ جَلْدَةٍ وَلَا تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِى دِينِ ٱللَّـهِ إِن كُنتُمْ تُؤْمِنُونَ بِٱللَّـهِ وَٱلْيَوْمِ ٱلْـَٔاخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَآئِفَةٌ مِّنَ ٱلْمُؤْمِنِينَ
The adulteress or adulterer – lash each one of them with a hundred lashes, and do not be taken by pity for them in the Deen of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment. (Qur’an 24:2)
Al Fahishah according to the Qur’an is something specific that we can determine from the Qur’an, based on the following verses we can discern what it is and what it isn’t.
القرءان سورة الأعراف 80
وَلُوطًا إِذْ قَالَ لِقَوْمِهِۦٓ أَتَأْتُونَ ٱلْفَـٰحِشَةَ مَا سَبَقَكُم بِهَا مِنْ أَحَدٍ مِّنَ ٱلْعَـٰلَمِينَ
• Saheeh International
And [We had sent] Lot when he said to his people, “Do you commit such immorality as no one has preceded you with from among the worlds? (Qur’an 7:80)
القرءان سورة النمل 54
وَلُوطًا إِذْ قَالَ لِقَوْمِهِۦٓ أَتَأْتُونَ ٱلْفَـٰحِشَةَ وَأَنتُمْ تُبْصِرُونَ
• Saheeh International
And [mention] Lot, when he said to his people, “Do you commit immorality while you are seeing? (Qur’an 27:54)
القرءان سورة العنكبوت 28
وَلُوطًا إِذْ قَالَ لِقَوْمِهِۦٓ إِنَّكُمْ لَتَأْتُونَ ٱلْفَـٰحِشَةَ مَا سَبَقَكُم بِهَا مِنْ أَحَدٍ مِّنَ ٱلْعَـٰلَمِينَ
• Saheeh International
And [mention] Lot, when he said to his people, “Indeed, you commit such immorality as no one has preceded you with from among the worlds. (Qur’an 29:28)
We infer from these verses that Al Fahishah is used for Homosexuality, which the People of Lut committed, a verse that use the definitive word Al Fahishah is used. And how do we further confirm this further that it is homosexuality? We confirm that by 4:16 which uses masculine dual pronouns, implying that it’s two men who commit it with each other.
The next verse to mention Al Fahishah besides 4:15-16 and these 3 verses about People of Lut is 24:19, which details the reason for the confinement of women in 4:15. This verse also isn’t referring to Zinah, as Fahishah is used in the definitive form of Al Fahishah, which by context doesn’t refer to Zinah but to homosexuality between two women (4:15) and two men (4:16).
First and foremost, the reason why the Qur’an doesn’t explicitly state a punishment for unmarried Mamlik Yamin women is because we know that since they are “ma malakat ayman” that are unmarried, they are the responsibility of the man/woman who is their legal guardian, so if they have sex whilst unmarried, it could be due to coercion by another, either the man that is supposed to be their guardian, or another woman coercing them to another man or forcing Homosexuality upon them; this could be the reason why the Qur’an doesn’t specify a punishment unmarried Mamlik Yamin, and also because punishments are halved or double each time depending on who the adulteress is, never by quarters. Historically, married women committing adultery is worse obviously, since it destroys relationships, families, results in divorce and ruins family power dynamics, constant pattern of this and a too lenient punishment towards them would effeminate the men and make them docile and desensitized towards adultery and losing their protectorship over their families.
The word in following verse 24:19 is the exact same word as found in verse 4:15, so it’s definitely referring to homosexuality, they must be confined from the outside world because they want to spread Al Fahishah (homosexuality) in the world.
القرءان سورة النور 19
إِنَّ ٱلَّذِينَ يُحِبُّونَ أَن تَشِيعَ ٱلْفَـٰحِشَةُ فِى ٱلَّذِينَ ءَامَنُوا۟ لَهُمْ عَذَابٌ أَلِيمٌ فِى ٱلدُّنْيَا وَٱلْـَٔاخِرَةِ ۚ وَٱللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ
• Saheeh International
Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know. (Qur’an 24:19)
To summarize, Al-Fahishah anywhere in the Qur’an is referring to Homosexuality, as it’s specific and definitive, and not general, the same applies for titles in the Qur’an, any human being is Insaan, but the word Al-Insaan is for a specific human being, the first human being that is Adam. And Fahishah in general non-definitive is everything that is sexually immoral, though depending on the context of a verse, fahishah can be something explicit i.e. the context of 4:25 implies that the indefinitive fahisha here is zina, whilst elsewhere it could just be referring to all forms of sexual immorality in general such as adultery amongst the married, homosexuality and the preaching of homosexuality, and vein lewd gossip which would overlap with lahwal hadeeth.
- 4:15-16
- Al-Fahishah refers to homosexuality as per 7:80, 27:54, 29:28.
- 4:25
- Fahishah, non-definitive
- not [inclusive of] Al-Fahishah in this verse.
- Referring to specifically to Zina based on context of verse
- Zina is a form of Fahishah, 17:32
- Zinah is not Al-Fahishah in 4:15-16 and 24:19
- “Half the punishment” in 4:25 is 50 lashes for married Mamlik Yamin
- Full punishment is 100 lashes independent women• Punishment for Zina in verse 24:2.
- Verse 24:19 about Homosexuality
- States Al-Fahishah and not Fahishah or Zina
- Reasons given for why those who commit Al-Fahishah in 4:15-16 must be confined from the outside world
- They want to spread and preach Al-Fahishah in the outside world
Why the punishment for Fahishah can never be stoning to death
- The punishment for women of the Nabi if they commit Fahishah is doubled as per 33:30
- If this punishment was death by stoning, we would be left, albeit theoretically, with a situation in which a woman might be liable to be stoned to death twice, a woman of the Nabi that is
- For this to even be possible, necromancy would be required to revive the adulteress and then stone here to death for the second time. Necromancy is black magic (Siḥr), which is ḥaram (forbidden).