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Qur'an, Hadith and Scholars:Stoning: Difference between revisions
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Qur'an, Hadith and Scholars:Stoning (view source)
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The [[Qur'an]] does not in any place order that adulterers be stoned, rather their prescribed punishment is being whipped 100 times (24:2). The ulamaa', however, are unanimous in their opinion that the penalty for married men or women who commit adultery is to be stoned to death. This discrepancy is explained by the [[hadith]] as due to the loss of this verse in the Qur'an to a hungry goat which ate the page upon which it was preserved. In point of fact, the Islamic legal tradition largely took form in Iraq, where there was a very large, old and well established school of Jewish halacha or religious law. The prescribed punishment for adultery in the halachah is stoning to death (based on Deuteronomy 23:23-24 and extended by the rabbis to include all cases of adultery) and it is likely that Islamic scholars working in the 8th and 9th century in Iraq were influenced by Jewish law to include this more strict punishment, which was not practiced by the believers of Muhammad's time and the first century of his movement. The hadith about the goat eating the verse from the Qur'an, then, is likely a fabrication (as are the vast majority of hadith, which cannot be reliably traced in most cases to before the beginning of the 8th century) and an excuse to include this punishment in the [[shari'ah]] even though it is not found in the Qur'an. As if to underline the point, many of the hadith that record Muhammad ordering stoning include the detail that the men being stoned were Jewish. Whatever its origins, stoning to death as a punishment for married adulterers is today a well-established part of shari'ah and modern scholars to this day continue to advocate for its use. | |||
==Qur'an== | ==Qur'an== | ||
The present-day Qur'an does not explicitly mention the act, but according to hadith, the Qur'anic verses of stoning were written on a piece of paper and were lost when a goat ate it: | The present-day Qur'an does not explicitly mention the act, but according to hadith, the Qur'anic verses of stoning were written on a piece of paper and were lost when a goat ate it: | ||
{{Quote|Musnad Ahmad bin Hanbal. vol. 6. p. 269; Sunan Ibn Majah, p. 626; Ibn | {{Quote|Musnad Ahmad bin Hanbal. vol. 6. p. 269; Sunan Ibn Majah, p. 626; Ibn Qutaybah, Tawil Mukhtalafi 'l-Hadith (Cairo: Maktaba al-Kulliyat al-Azhariyya. 1966) p. 310; As-Suyuti, ad-Durru 'l-Manthur, vol. 2. p. 13 |[Narrated 'Aisha] "The verse of the stoning and of suckling an adult ten times were revealed, and they were (written) on a paper and kept under my bed. When the messenger of Allah expired and we were preoccupied with his death, a goat entered and ate away the paper."}} | ||
{{Quote|{{Ibn Majah|9|3|9|1944}}|It was narrated that 'Aishah said: | {{Quote|{{Ibn Majah|9|3|9|1944}}|It was narrated that 'Aishah said: | ||
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“The Verse of stoning and of breastfeeding an adult ten times was revealed, and the paper was with me under my pillow. When the Messenger of Allah died, we were preoccupied with his death, and a tame sheep came in and ate it.” (Hasan)}} | “The Verse of stoning and of breastfeeding an adult ten times was revealed, and the paper was with me under my pillow. When the Messenger of Allah died, we were preoccupied with his death, and a tame sheep came in and ate it.” (Hasan)}} | ||
Scholars have | Scholars traditionally have seen these verses in the Qur'an as providing a divine example for the practice: | ||
{{Quote|{{Quran|11|82}}|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}}|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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{{Quote|{{Muslim|17|4199}}|Jabir b. Samura reported that there was brought to Allah's Messenger (may peace be upon him) a short-statured person with thick uncombed hair, muscular body, having a mantle around him and he had committed adultery. He turned him away twice and '''then made pronouncement about him and he was stoned'''. Then Allah's Messenger (may peace be upon him) said: We set out for Jihad in the cause of Allah and one of you lagged behind and shrieked like the bleating of a male goat and one of then (goats' gave a small quantity of milk. In case Allah gives me power over one of them, I will punish him (in such a way that it may have a deterrent effect upon others). In another narration transmitted on the authority of Sa'id b Jubair (the words are), that He (the Holy Prophet) turned him away four times."}} | {{Quote|{{Muslim|17|4199}}|Jabir b. Samura reported that there was brought to Allah's Messenger (may peace be upon him) a short-statured person with thick uncombed hair, muscular body, having a mantle around him and he had committed adultery. He turned him away twice and '''then made pronouncement about him and he was stoned'''. Then Allah's Messenger (may peace be upon him) said: We set out for Jihad in the cause of Allah and one of you lagged behind and shrieked like the bleating of a male goat and one of then (goats' gave a small quantity of milk. In case Allah gives me power over one of them, I will punish him (in such a way that it may have a deterrent effect upon others). In another narration transmitted on the authority of Sa'id b Jubair (the words are), that He (the Holy Prophet) turned him away four times."}} | ||
{{Quote|{{Muslim|17 | {{Quote|{{Muslim|17|4201}}|Ibn Abbas reported that Allah's Apostle (may peace be upon him) said to Ma'iz b. Malik: Is it true what has reached me about you? He said: What has reached you about me? He said: It has reached me that you have committed (adultery) with the slave-girl of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Holy Prophet) then made pronouncement about him and he was stoned (to death).}} | ||
{{Quote|{{Muslim|17|4202}}|Abu Sa'id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allah's Messenger (may peace be upon him) and said: I have committed immorality (adultery), so inflict punishment upon me. Allah's Apostle (may peace be upon him) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma'iz) came back to Allah's Apostle (may peace be upon him) and '''he commanded us to stone him'''. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the stone ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Holy Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.}} | {{Quote|{{Muslim|17|4202}}|Abu Sa'id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allah's Messenger (may peace be upon him) and said: I have committed immorality (adultery), so inflict punishment upon me. Allah's Apostle (may peace be upon him) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma'iz) came back to Allah's Apostle (may peace be upon him) and '''he commanded us to stone him'''. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the stone ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Holy Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.}} | ||
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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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{{Quote|As-Suyuti, Al-Itqan fii Ulum al-Qur'an, p.524|Zirr ibn Hubaish reported: "Ubayy ibn Ka'b said to me, 'What is the extent of Suratul-Ahzab?' I said, 'Seventy, or seventy-three verses'. He said, 'Yet it used to be equal to Suratul-Baqarah and in it we recited the verse of stoning'. I said, 'And what is the verse of stoning'? He replied, '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."'}} | {{Quote|As-Suyuti, Al-Itqan fii Ulum al-Qur'an, p.524|Zirr ibn Hubaish reported: "Ubayy ibn Ka'b said to me, 'What is the extent of Suratul-Ahzab?' I said, 'Seventy, or seventy-three verses'. He said, 'Yet it used to be equal to Suratul-Baqarah and in it we recited the verse of stoning'. I said, 'And what is the verse of stoning'? He replied, '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."'}} | ||
==See Also== | ==See Also== | ||
{{Hub4|Stoning|Stoning}} | {{Hub4|Stoning|Stoning}} | ||
{{Hub4|Adultery|Adultery}} | {{Hub4|Adultery|Adultery}} | ||
[[Category:QHS]] | [[Category:QHS]] | ||
[[Category:Honor violence]] | |||
[[Category:Marriage]] | |||
[[Category:Hudud (punishments)]] | |||
[[Category:Sex]] | |||
[[Category:Shariah (Islamic Law)]] | |||
[[Category:Fiqh (legal theory)]] | |||