Stoning in Islamic Law: Difference between revisions

'''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>

==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 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>

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|{{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|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.<br>{{Bukhari|4|56|829}} adds: "...`Abdullah bin `Umar said, '''"I saw the man leaning over the woman to shelter her from the stones."'''}}

{{Quote|{{Bukhari|2|23|413}}|Narrated 'Abdullah bin 'Umar : The Jew brought to the Prophet a man and a woman from amongst them who have committed (adultery) illegal sexual intercourse. '''He ordered both of them to be stoned (to death'''), near the place of offering the funeral prayers beside the mosque."}}

{{Quote|{{Bukhari|7|63|196}}, See also {{Bukhari|7|63|195}}, {{Bukhari|8|82|805}}, and {{Bukhari|8|82|806}}|Narrated Abu Huraira: A man from Bani Aslam came to Allah's Apostle while he was in the mosque and called (the Prophet ) saying, "O Allah's Apostle! I have committed illegal sexual intercourse." On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet called him and said, "Are you insane?" He replied, "No." '''The Prophet then said (to his companions), "Go and stone him to death."''' The man was a married one. Jabir bin 'Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla ('Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.}}

{{Quote|{{Bukhari|3|49|860}}, See also {{Bukhari|8|78|629}}|Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. '''The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile."''' He then addressed somebody, "O Unais! '''go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.'''}}

{{Quote|{{Bukhari|3|34|421}}|Narrated 'Aisha: Sad bin Abi Waqqas and 'Abu bin Zam'a quarreled over a boy. Sad said, "O Allah's Apostle! This boy is the son of my brother ('Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam'a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to 'Utba and then said, "The boy is for you, O 'Abu bin Zam'a. The child goes to the owner of the bed and '''the adulterer gets nothing but the stones''' (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.}}

===Recent Fatwas===