Stoning in Islamic Law: Difference between revisions

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{{QualityScore|Lead=3|Structure=2|Content=2|Language=3|References=4}}
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[[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]]'')]]
[[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==
==Definition==


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==In the Modern World==
==In the Modern World==


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>
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 the modern views of many contemporary Muslims scholars and believers are diametrically opposed to any implementation of such punishments, it is very much an accepted part of Islam for traditional scholars and millions of lay Muslims around the world. 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 Indonesia (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>


==Qur'an==
==Qur'an==
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{{Quote|The missing Verse of Rajm|'The fornicators among the married men (ash-shaikh) and married women (ash-shaikhah), stone them as an exemplary punishment from Allah, and Allah is Mighty and Wise.'<ref>As-Suyuti, Al-Itqan fii Ulum al-Qur'an, p.524</ref>}}
{{Quote|The missing Verse of Rajm|'The fornicators among the married men (ash-shaikh) and married women (ash-shaikhah), stone them as an exemplary punishment from Allah, and Allah is Mighty and Wise.'<ref>As-Suyuti, Al-Itqan fii Ulum al-Qur'an, p.524</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.
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 the majority of Muslims do not follow [[Qur'an Only Islam - Why it is Not Possible|Qur'an alone]] Islam. In any event, scholars have still managed to find justification for it from within its pages:


{{Quote|{{Quran|11|82}}, See also: {{Quran|7|84}}, {{Quran|26|173}}, and {{Quran|27|58}}|So when Our decree came to pass, We turned them upside down and rained down upon them stones, of what had been decreed, one after another.}}
{{Quote|{{Quran|11|82}}, See also: {{Quran|7|84}}, {{Quran|26|173}}, and {{Quran|27|58}}|So when Our decree came to pass, We turned them upside down and rained down upon them stones, of what had been decreed, one after another.}}
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===Sunnah of Muhammad===
===Sunnah of Muhammad===
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.
There are many [[sahih]] (authentic) hadith which speak of Prophet [[Muhammad]] ordering people to be stoned to death. Therefore it is considered a part of Muhammad's [[sunnah]] and cannot be ignored by Muslims according to the traditional views of the scholars.


{{Quote|{{Bukhari|8|82|803}}|Narrated Ash-Sha'bi: from 'Ali when the latter stoned a lady to death on a Friday. ''''Ali said, "I have stoned her according to the tradition of Allah's Apostle."'''}}
{{Quote|{{Bukhari|8|82|803}}|Narrated Ash-Sha'bi: from 'Ali when the latter stoned a lady to death on a Friday. ''''Ali said, "I have stoned her according to the tradition of Allah's Apostle."'''}}


===The Stoning of the Jews===
===Stoning in Judaism vis-à-vis Islam===


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.  
The Hadith testifies 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|{{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. }}
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===Ibn Kathir===
===Ibn Kathir===


{{ 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>
{{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>
(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until '''Allah abrogated it with flogging or stoning,''' as we stated.)}}
(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until '''Allah abrogated it with flogging or stoning,''' as we stated.)}}


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