Answer: You have described a
very sad state of affairs. The crime this criminal seems to be obsessed with
is indeed awfully disgusting and heinous.
As far as the action that you
should take is considered, I would say that you are the best judge in this
situation since you are in a position to better understand the
circumstances. I would, however, like to bring to your notice some facts
that one must consider before embarking on such an expedition.
Keeping in view the spirit of
Islamic teachings and what the Prophet (sws) is reported to have said in
this regard, the crime of those who stumble and commit adultery should be
kept hidden from society in order to give them a chance to mend their ways.
However, if a person is of the view that this will allow the couple to go
astray further and lead a complete life of sin, then he may report it to the
authorities. In this case he will have to produce four eyewitnesses in the
court of law to prove the crime. These witnesses would testify that they
have actually witnessed the crime committed. In case of failure to produce
four eyewitnesses, the plaintiff shall stand punishable with eighty stripes
under the law of Qadhf (24:4). Again, this provision of four witnesses has
been so promulgated by the Almighty so that this crime is kept hidden from
society and that the criminals be given a chance to mend their ways; and
thus be saved from public humiliation.
However, as far as those
people are concerned who habitually commit this crime, the society does
become alive to their crime. In their case, the Qur’ān requires that only
four witnesses be presented, who would testify to their ill ways just to
comply with the proceedings of a court. After their crime stands proven
formally, the Qur’ān demands that they be administered an exemplary
punishment, which ranges from executing the criminal in an exemplary manner
to exiling him to another area. (5:33)
However, I think that this
second situation has not yet occurred in the case you have referred to. The
society is not yet aware of the ill ways of the criminal. Thus, in case you
choose to go to the court and register your report, you will surely have to
produce four eyewitnesses as I have described above. It is only after the
nature of this crime is exposed to the court that they declare him a
habitual criminal and choose to administer any of the punishments as
ordained in 5:33-4 for those who spread disorder in the society. |