Stoning in Islamic Law: Difference between revisions

[[File:Stoning in afghanistan.jpg|right|thumb|190px|A public stoning carried out in Afghanistan. Rajm is the Islamic punishment for illegal sexual intercourse, as ordered by Muhammad himself. (''[[Images_-_Punishments#Stoning|more graphic images]]'')]]

==Definition==

'''Stoning to death''' (رجم ''Rajm''), according to traditional interpretations of [[Islamic law]], is primarily a punishment for persons who engage in unlawful sexual relations (which include [[Islam and Homosexuality|homosexual]] relationships), and is one example of [[Abrogation|abrogation]] (naskh) being applied to Qur'anic text. The criminals "hands are tied behind their backs and their bodies are put in a cloth sack." They are then "buried in a hole, with only the victims heads showing above the ground. If its a woman, she is buried upto her shoulders."<ref>[http://www.apostatesofislam.com/media/stoning.htm What happens in Stoning?] - apostatesofislam.com</ref> The stones which are to be thrown at the criminal "should not be so large that the offender dies after a few strikes, nor so small as to fail to cause serious  injury."<ref>[http://www.iheu.org/node/262 Should Sharia laws be reconsidered?] - Sandhya Jain - International Humanist and Ethical Union, March 9, 2004</ref>

Due to the Islamic laws on [[rape]] requiring four male eye witnesses before guilt can be ascertained, many rape victims end up being charged with '[[adultery]].' As was the case for 13-year-old ''Aisha Ibrahim Dhuhulow'' in Somalia<ref>[http://news.bbc.co.uk/1/hi/world/africa/7708169.stm Stoning victim 'begged for mercy'] - BBC News, November 4, 2008</ref> who in October of 2008 was buried up to her neck and stoned to death in front of more than 1,000 people in a football stadium. She was the victim of gang-rape. Another Somalian female who gave birth to a stillborn child, was also stoned to death in front of a crowd of 200 in November (one of at least four Somalians to be stoned for adultery in 2009).<ref>[http://www.thejakartapost.com/news/2009/11/18/somali-woman-stoned-death-adultery.html Somali woman stoned to death for adultery] - The Jakarta Post, November 18, 2009 </ref> Her boyfriend received 100 lashes. Incidents of stoning have also been reported in Iraq and Pakistan, and forms a part of Afghan, Iranian, Nigerian, Indonesian, Sudanese, Saudi Arabian, and United Arab Emirate law.<ref>[http://www.stop-stoning.org/faq_stoning Stoning - Frequently Asked Questions about Stoning] - stop-stoning.org</ref> While there are some who may disagree, it is very much an accepted part of Islam for many, if not the majority, of Muslims. We find in an August 2009 Pew survey<ref>Pew Report: [http://pewglobal.org/reports/pdf/265.pdf Pakistani Public Opinion - Growing Concerns about Extremism, Continuing Discontent with U.S.Religion, Law, and Society] Page 3</ref> that 83% of Pakistanis believe that adulterers should be stoned. In another survey carried out in 'moderate' Indonesia (at 220 million, its the world's most populated Muslim country) it found that "almost half the respondents back stoning as a punishment for adulterers."<ref>[http://mypetjawa.mu.nu/archives/163989.php 50% Support Stoning for Adultery in 'Moderate' Muslim Country] - The Jawa Report, March 18, 2006</ref>

The above verse, along with verses regarding adult suckling, were written on a piece of paper and were lost when a goat ate them.<ref>References: Musnad Ahmad bin Hanbal. vol. 6. page 269; Sunan Ibn Majah, page 626; Ibn Qutbah, Tawil Mukhtalafi 'l-Hadith (Cairo: Maktaba al-Kulliyat al-Azhariyya. 1966) page 310; As-Suyuti, ad-Durru 'l-Manthur, vol. 2. page 13</ref> Even Umar had concerns that in the future some Muslims may try to deny that rajm is Islamic.<ref>"...'Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed..." - {{Bukhari|8|82|816}}</ref> As it stands, the Qur'an itself does not explicitly mention the act, but Islam is not simply the [[Qur'an Only Islam - Why it is Not Possible|Qur'an alone]]. In any case, scholars have still managed to find justification for it from within its pages.

There are many [[sahih]] (authentic) hadith which speak of Prophet [[Muhammad]] ordering people to be stoned to death. Therefore it is part of Muhammad's [[sunnah]] and cannot be ignored by Muslims.

===The Stoning of the Jews===

The hadiths testify that the Jews of Muhammad's time had ceased to employ such violent forms of punishment, and that it was he who insisted on the reinstatement of stoning.  

{{Quote|{{Bukhari|8|82|809}}, See also: {{Bukhari|6|60|79}}, and {{Bukhari|4|56|829}}|Narrated Ibn 'Umar: A Jew and a Jewess were brought to Allah's Apostle on a charge of committing an illegal sexual intercourse. The Prophet asked them. "What is the legal punishment (for this sin) in your Book (Torah)?" They replied, "'''Our priests have innovated the punishment of blackening the faces with charcoal and Tajbiya'''." 'Abdullah bin Salam said, "O Allah's Apostle, tell them to bring the Torah." The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajam (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salam said to the Jew, "Lift up your hand." Behold! The Divine Verse of the Rajam was under his hand. So '''Allah's Apostle ordered that the two (sinners) be stoned to death, and so they were stoned.''' Ibn 'Umar added: So both of them were stoned at the Balat and I saw the Jew sheltering the Jewess. }}

{{ quote | 1=[http://tafsir.com/default.asp?sid=4&tid=10619 (Quran 4:16) The Adulteress is Confined in her House; A Command Later Abrogated]<BR>Tafsir Ibn Kathir|2=[وَاللَّذَانَ يَأْتِيَـنِهَا مِنكُمْ فَـَاذُوهُمَا]<BR>

===Recent Fatwas===

[[Category:Islamic Law]]