Posted by: kavalec@gmail.com Mon Oct 15, 2007 7:55 am (PST)
I advise you to consider WITH YOU OWN GOOD SENSE whether stoning someone to death is a command from Allah Or if it is a command to be found in books written by human beings?
Approach this question with a clean heart and an open mind; if you come to the Quran believing you already know better that the answers it can give you you will not succeed.
It is not surprising to see the shirk that has crept into the so-called ulema, since this is the clearly stated purpose of man's avowed enemy. And since he cannot corrupt the Quran he has to attack the followers of Islam on every other possible path. Creating (many) false version of "Islam" is one of his more insidious tricks.
STONING THE ADULTERER IS NOT IN THE QURAN
The orthodox scholars of the four Madhabs of Sunni Islam tell us that the correct Sha'riah punishment for the married adulterer is Rajm; the orthodox scholars of Shi'a Islam are divided on this issue; and most of the orthodox scholars of Ibadhi Islam reject stoning.
There is a great deal of evidence that stoning is an early error propagated by certain over-zealous leaders; and has now become so deeply intertwined that to admit the error would shake the roots of the orthodox understanding of Sha'riah. What is this evidence?
Some scholars tell us stone. The Quran still says lash.
Given that Allah says one thing and some scholars report that the Prophet(sallallahu alaihi wa salaam) did another, believers should obey Allah.
But there is a way to get closer to the truth here.
1. Gather all the hadith that report that stoning was called for by the Prophet(sallallahu alaihi wa salaam).
2. Identify those which occured before the revelation of an-Noor 24:2. These can be disregarded, as the instruction to lash the adulterer had not yet been given.
3. Identify those which cannot be dated as to before or after the revelation of an-Noor 24:2. These must be disregarded, because they might have occurred before 24:2.
4. Identify those cases where the defendants were Jewish. These too must be disregarded for, as you probably know, the Prophet(sallallahu alaihi wa salaam) was in a treaty with the Jews in Medina (1) under which Muslims would be judged by Islamic law, and Jews would be judged by Judaic law. And Jewish law DOES call for stoning. (2)
5. Now examine the few hadith you have left. A small straggling group of them. Hadith that allege that the Prophet(sallallahu alaihi wa salaam) sentenced Muslim adulterers to stoning AFTER the revelation of an-Noor 24-2. Not many, are they?
6. To those hadith I recommend you first apply this one...
In the Farewell Pilgrimage , the Prophet(sallallahu alaihi wa salaam) is reported to have said: "Forging lies against me has been common to a great extent. However, it will increase. He who forges lies against me intentionally should find himself a place in Hell. When you receive any hadith, you should first measure it according to the criteria of the Quran and my Sunna. If it conforms to them, you will then adopt it. If not, you should then throw it away." Quoted from At-Tabirsi's Alihtijaj
Stoning does NOT conform to the Quran.
To prove this, find stoning in the Book of Allah. Search carefully.
Let me save you some time: not only will you NOT find the command to stone ANYWHERE in the book of Allah, if you carefully read His book ayat by ayat you will find exactly five mentions of the act of stoning by men...
* Nuh threatened with stoning by disbelievers (ash-Shu'araa 26:116)
* Ibrahim's father threatens Ibrahimwith stoning (Maryam 19:46)
* Men in the cave scared of stoning by disbelievers (al-Kahf 18:20)
* The three messengers threatened with stoning by disbelievers (Yas-Sin 36:18)
* Shu'aib threatened with stoning by his people (Hud 11:91)
Read these ayah.
IN EVERY CASE stoning is shown to us to be a practice of men only when those men are UNBELIEVERS.
Unless one believes that Allah creates His book by chance and happenstance one MUST heed the underlying message: *In every account in the Quran only unbelieving men STONE.*
The mainstream Sunni orthodox stance on stoning is based almost entirely on hadith records, records narrated through Omar, who tells us he remembers the "ayat-ul-rajm" (verse of stoning).
Even if he did, would that be any call for believers to ignore the works of the only One who has the power to remove such a verse?
ALLAH has REMOVED such a verse IF it existed! This makes any stories of an "ayat-ul-rajm" powerful proof indeed…proof AGAINST stoning.
Proof against stoning is found elsewhere in the Quran, but this is only of importance for those who believe the Word of Allah to be the greatest authority. Are you of those? Then read...
In al-Kahf Musa says to his companion...
Faintalaqa hatta itha laqiya ghulaman faqatalahu qala aqatalta nafsan zakiyyatan bighayri nafsin laqad ji/ta shay-an nukran
(So they went on until, when they met a boy, he slew him. [Musa] said: Have you slain an innocent person otherwise than for manslaughter? Certainly you have done an evil thing.) al-Kahf 18:74
So, in the law as known to Musa, killing for any reason – other than for the crime of killing itself - is a thing NUKRAN. This is by the word of Prophet Musa......as reported through an isnad that includes Allah Himself.
We can agree this is a reliable chain, I assume?
So we are clear on this, inshallah: In al-Khaf 18:74 Allah has shown us the limits as they were as known to Musa and in the law as sent via him: NO KILLING except as punishment for killing.
Come forward to the law as set down in the Quran. We are oft reminded of the evil of killing, and the laws against killing from prior scriptures are confirmed. (see al-Ma'idah 5:32)
One exception is given us, in that same ayat - "those who spread mischiefthrough the land". Now we know Allah is just and He is merciful, and expects us to try to be, too. Let's test your notion of justice...An unmarried traveling salesman becomes adept at seducing lonely housewives. He does this as often as he can. Who has "spread mischief through the land"? The salesman? Or one of the married women who succumbed to him?
It should be clear that only someone willing to twist meanings into nonsense would name the woman. It should be clear that NOWHERE in the Quran is killing her made legal.
By the report of Allah Himself, killing her will be a thing NUKRAN. By the examples given by Allah Himself, only unbelieving men stone.
As always, Allahu a'alam.
-- -- --
G. Waleed Kavalec ------------------------- http://islamawakened.com/thisisislam.swf
(1) The treaty was called the Covenant of Medina. For an English translation of this Mithaq al-Madinah see, MontgomeryWatt, Muhammad at Medina, 1962 Ed. pp. 221-225.
(2) "If a man commits adultery with another man's wife-with the wife of his neighbor-both the adulterer and the adulteress must be put to death." - Levitiucs 20:10
"If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die. You must purge the evil from Israel. If a man happens to meet in a town a virgin pledged to be married and he sleeps with her, you shall take both of them to the gate of that town AND STONE THEM TO DEATH - the girl because she was in a town and did not scream for help, and the man because he violated another man's wife. You must purge the evil from among you." - Deuteronomy 22:22-24
On 10/14/07, Hunpej <hunpej@gmail.com> wrote:
Question and Answer Details
Name of Questioner: khalid
Title: Stoning: Does It Have Any Basis in Shari`ah?
Question: Dear scholars, as-Salamu `alaykum. I have heard that the punishment specified for the person who commits adultery is 80 lashes. I would like to ask, from where did you get the punishment of stoning to death. Moreover, if you say that it is based on the Sunnah, I can say that how to depend on Sunnah in this regard. Isn't it a fact that the Qur'an is the source of legislation for all Muslims? Jazakum Allah khayran.
Date: 31/Mar/2005
Topic: Adultery & Fornication
Answer
*Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.*
*In the Name of Allah, Most Gracious, Most Merciful.*
*All praise and thanks are due to Allah, and peace and blessings be upon His Messenger. *
Dear questioner! Thanks a lot for your confidence in us and your eagerness to understand the true teachings of Islam and find guidance. May Allah help us fulfill His Commands!
First of all, a correction should be made to the following phrase in your question: "the punishment specified for the person who commits adultery is 80 lashes". It's to be noted that as regard flogging - as a punishment specified for an unmarried person guilty of fornication – it's 100 and not 80 lashes. In the very beginning of Surat An-Nur, it is stated that 100 lashes is the punishment specified for unmarried adulterer and adulteress, Allah says: (*The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.*)(An-Nur 24: 2).
Coming to the issue of stoning to death as a punishment for married adulterer and adulteress, the statement that there is no verse stipulating that punishment is not correct. It is to be made crystal clear that the punishment is explicitly sanctioned by both the Qur'an and the Prophetic Tradition. Before explaining this further, it's to be stressed that such punishment should not be a cause of wonder, especially when we know that it had been there in the Divine Scriptures revealed before the Glorious Qur'an. There is a reference to this punishment in the Bible, for instance. It reads: *"If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die."* (Deuteronomy 22: 22) and also in Leviticus, we find the following verse:*"If a man commits adultery with another man's wife-with the wife of his neighbor-both the adulterer and the adulteress must be put to death"* (Leviticus 20: 10).
All this makes it clear that it was neither Prophet Muhammad (peace and blessings be upon him) nor the glorious Qur'an, revealed to him, brought the capital punishment (as a punishment for adultery) out of the blue. Being the Seal Prophet, it was his mission to perfect the Divine Message of the Supreme Creator!
The second point that should be borne in mind on this issue is that, as previously refuted, the statement that the Qur'an is silent on this punishment is not genuine. Actually, according to renowned Muslim jurists, there was a verse (*Ayah*) in the Qur'an that talked about this matter. Though the verse was abrogated, but the abrogation here is in wording; the ruling is still kept in force.
One may ask "What is abrogation?" Abrogation means removal. It may involve the text or the ruling or both. There is a great Divine wisdom behind every incident of abrogation, part of which is to assert that the Islamic legislation, unlike man-made ones, was not established at once; rather, all its teachings and rulings were set gradually. In addition, when abrogating the words of a verse but not its ruling, this serves as a reminder that not all the Divine messages are to be through one channel, i.e. a direct revelation. Rather, part of these messages is to be clarified through the practice and tradition of the Prophet sent to deliver the message.
So the point here is: the practice of the Prophet (peace and blessings be upon him) is itself a part of revelation. Almighty Allah explains this saying: (*And whatsoever the messenger giveth you, take it. And whatsoever he forbiddeth, abstain (from it). And keep your duty to Allah. Lo! Allah is stern in reprisal.*) (Al-Hashr 59: 7) Also Allah says: (*…then let those beware who withstand the Messenger's order, lest some trial befall them, or a grievous penalty be inflicted on them*) (An-Nur 24: 63).
According to eminent Qur'an exegetes, this verse serves as a strong warning against deviating from the Tradition of the Prophet (peace and blessings be upon him). Imam Ibn Kathir says: "The words *'the messenger's order'* refer to his Path, teachings, laws and tradition. Thus, all words and deeds should be weighed according to the words and deeds of the Prophet (peace and blessings be upon him) in the sense that whatever correspond with his words and deeds are accepted and whatever contradicts that should be rejected."
The abrogated verse stated that *"A married man and woman, if they commit adultery, stone them to death."*
This verse states clearly that the prescribed punishment for adultery, which means an illegitimate sexual intercourse between a married man and a woman married to another man is stoning to death. But this offense must be proven either through a confession made voluntarily by the accused or by the testimony of four witnesses who state under oath that they have witnessed the commission of the crime. It's only after this legal procedure that the accused will be punished by lapidation. This punishment is agreed upon by scholars and there is no question about it. In citing proofs for this punishment, scholars of Hadith quote `Umar (may Allah be pleased with him) as saying that he would have written this verse if not for the fear that it would be viewed as tampering with Allah's book.
So we are to bear in mind that the Sunnah of the Prophet (peace and blessings be upon him) is a part of the Divine Revelation, indicating that many things were revealed to the Prophet either through inspiration or instruction. Allah tells us in the Quran that the Prophet (*does not speak out of his own fancy. It is all an inspiration sent down to him.*)(An-Najm 53: 3-4) Therefore, what the Prophet, peace and blessings be upon him, teaches us is part of our religion. It is not something that he has determined by himself. It is certainly revealed to him.
In the *Kuwaiti Encyclopedia of Islamic Jurisprudence*, we read the following:
Ibn Qudamah wrote: "Muslim jurists are unanimous on the fact stoning to death is a specified punishment for married adulterer and adulteress. The punishment is recorded in number of traditions and the practice of the Prophet (peace and blessings be upon him) stands as an authentic source supporting it. This is the view held by all Companions, Successors and other Muslim scholars with the exception of Kharijites."
Al-Bahuty said: "The authentic practice of the Prophet (peace and blessings be upon him) supports stoning to death as a punishment specified for adultery. In addition, the verse commanding this punishment was revealed in the Qur'an. Later, it was verbally abrogated but its ruling is still binding. `Umar ibn Al-Khattab (may Allah be pleased with him) said: "Almighty Allah sent Muhammad (peace and blessings be upon him) with the truth and revealed unto Him the Qur'an. Among the revelation (brought by him) was the verse stipulating that married adulterer and adulteress should be stoned to death. We read, comprehended and understood it. The Prophet (peace and blessings be upon him) acted in accordance with that and so did all of us. I fear, by the passage of time, that some people will say: 'We do not find this verse in the Qur'an', and thus they go astray abandoning an obligation given to them by Allah. Stoning to death is a Divine obligation and punishment specified for any married adulterer or adulteress once there is four witnesses or the confession of the accused."
In another narration, `Umar added: "By the One in Whose hands is my soul, had it not been that people would say: '`Umar added to the Book of Allah, I would have reinserted it. It (the verse) read: *"A married man and woman, if they commit adultery, stone them to death. This is a punishment from Allah. Allah is Almighty and Wise."*
Finally, we would like to note that there are many incidents in the Sunnah and the life of the Prophet (peace and blessings be upon him) in which the Prophet stoned the married adulterer and adulteress to death. This happened in the case of Ma`iz and the Ghamidi woman. All this makes it clear that the punishment is proven and authentic and is not debatable.