Adultery and Punishment based on Tribalism: In the light of Quran and Sunnah (Causes and Prevention)

Abstract

The main goal of this research article is to describe fornication and its punishment in the tribal system from a Shariah point of view. In tribal traditions, it is called honor killing and different names are given to this practice in different regions. Both the boy and the girl are killed on the spot based on mere suspicion without proof (four witnesses or confessions) by making false accusations and taking the law into their hands. This tradition based on ignorance has been going on since ancient times which has resulted in the loss of countless precious lives and is only meant to erase defeat and disgrace. Sometimes the purpose of killing is money, land or other motives such as displeasure of spouses and family quarrels or to spoil the honor of opponents, while falsely accusing someone of adultery is a grave sin which is called Hadqazaf in Islamic terminology and the punishment prescribed by the Sharia is given. But even if the crime is proved, common man is not allowed to take the law into his hands and punish the criminal. Similarly, in the tribal system, there is also the tradition of Tishta and Aar, which is actually done as a reaction to the non-marriage of choice. In both of them, if the criminals are caught on the spot, then the punishment for both of them is death, and if they both manage to escape, both of them are considered to be successful in marriage of their choice, and finally, they are married legally after paying a heavy fine. Although it is correct according to Shariah, still this act of boy and girl is a serious violation of morals and tribal customs.