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From: "Sherwani Mustafa" <sherwanimk@yahoo.com>
Date: Thu, 22 Mar 2007 20:03:04 +0000 (GMT)
As recently three persons were stoned and shot dead for the offence of 'adultery' in Afghanistan, there has once again surfaced a heated debate
about the 'Quranic authenticity' of this kind of punishment. I put forth the following critical analysis and would like Islamic scholars to come
forward with their viewpoints so that the mist surrounding this concept may be cleared.
Without indulging into the labyrinthine arguments and the historical developments, I simply wish to summarise my views under the following
heads
1. In Quran, there is no distinction between fornication, adultery and rape and therefore from the perspective of the punishment to treat all the
three at the same level is against the Quranic wisdom and rationalism.
2. Quran does not prescribe the punishment of 'Rajm' (stoning to death). It simply talks of the flogging, of course, of different numbers according
to various stages or kinds. To attribute it to Hazrat Umar, saying that it was prescribed in Quran originally and then omitted, seems to be most
preposterous. If at all it is permissible then we are bound to be guided by the only two known instances we come across during the life time of the
Prophet (pbuh) .One was of the lady who herself came to the Prophet and asked him for the punishment. Prophet several times turned his face
from the woman, so that she could go away. Then finally, he asked the woman to come after the delivery, as she was pregnant. And when she
came after delivery, then once again the Prophet asked her to come after the baby stops sucking. At the last stage when the woman herself was
determined for the 'rajm' then prophet ordered it. The second instance was of a male. With him too the Prophet applied the same principle, and
repeatedly tried that he ( the accused) must withdraw his confession. What is most remarkable is the fact that when that fellow was being stoned,
he was unable to bear the pain and he asked the people that he wants to withdraw his confession, and requested them to take him to Prophet
(pbuh) .But the people did not agree and stoned him to death. When this incident was narrated to Prophet, he became furious and blasted the
people as to why they did not bring him( the accused) to him (Prophet), once he (the accused ) was withdrawing the
confession.
What is clear from these instances is the glaring reality that in the case of fornication or adultery one cannot be punished through the stoning to
death unless one oneself is determined to undergo the ordeal of that punishment. And secondly, even if during the process of being stoned the
accused withdraws the confession, he is not to be stoned further.
3. About the theft also, Quran is clear that the cutting off of the hands is to be applied only in case of the habitual offenders who are not giving up
their habit after repeated warnings and attempts. The concerned ayats specifically say that 'if the thief repents' meaning thereby that at the initial
stages he is to be given all the opportunities to reform himself.
I have discussed all these issues exhaustively in my book " QURAN AND MODERN JURISPRUDENCE' , published by Royal Book Company,
Lalbagh, Lucknow, UP India. As I have no copy with me, therefore, I cannot quote the exact no. the page etc. Moreover, Prophet (pbuh) usually
used to say that 'keep your sins away from me' meaning that they must not be disclosed.
Another remarkable incident is that one day a woman came to Hazrat Abu Huraira, saying that she has committed fornication several times. Abu
Huraira scolded her, and the other day narrated the story to Prophet (pbuh). The Prophet became furious over Abu Huraira and told him (Abu
Huraira) that 'search out the woman and narrate these verses (relating to forgiveness) of Quran to her. The Prophet (pbuh) did not ask Abu
Huraira ' search out that woman so that she may be stoned to death. In my view such type of the punishments are totally against Quranic
mandates.
Dr. Mustafa Kamal Sherwani
Former President All India Muslim Forum
Sherwani Nagar, Sitapur Road Lucknow India
Presently, Dean, faculty of Law and Shariah
Zanzibar University, Tanzania
Date: Thu, 22 Mar 2007 20:03:04 +0000 (GMT)
As recently three persons were stoned and shot dead for the offence of 'adultery' in Afghanistan, there has once again surfaced a heated debate
about the 'Quranic authenticity' of this kind of punishment. I put forth the following critical analysis and would like Islamic scholars to come
forward with their viewpoints so that the mist surrounding this concept may be cleared.
Without indulging into the labyrinthine arguments and the historical developments, I simply wish to summarise my views under the following
heads
1. In Quran, there is no distinction between fornication, adultery and rape and therefore from the perspective of the punishment to treat all the
three at the same level is against the Quranic wisdom and rationalism.
2. Quran does not prescribe the punishment of 'Rajm' (stoning to death). It simply talks of the flogging, of course, of different numbers according
to various stages or kinds. To attribute it to Hazrat Umar, saying that it was prescribed in Quran originally and then omitted, seems to be most
preposterous. If at all it is permissible then we are bound to be guided by the only two known instances we come across during the life time of the
Prophet (pbuh) .One was of the lady who herself came to the Prophet and asked him for the punishment. Prophet several times turned his face
from the woman, so that she could go away. Then finally, he asked the woman to come after the delivery, as she was pregnant. And when she
came after delivery, then once again the Prophet asked her to come after the baby stops sucking. At the last stage when the woman herself was
determined for the 'rajm' then prophet ordered it. The second instance was of a male. With him too the Prophet applied the same principle, and
repeatedly tried that he ( the accused) must withdraw his confession. What is most remarkable is the fact that when that fellow was being stoned,
he was unable to bear the pain and he asked the people that he wants to withdraw his confession, and requested them to take him to Prophet
(pbuh) .But the people did not agree and stoned him to death. When this incident was narrated to Prophet, he became furious and blasted the
people as to why they did not bring him( the accused) to him (Prophet), once he (the accused ) was withdrawing the
confession.
What is clear from these instances is the glaring reality that in the case of fornication or adultery one cannot be punished through the stoning to
death unless one oneself is determined to undergo the ordeal of that punishment. And secondly, even if during the process of being stoned the
accused withdraws the confession, he is not to be stoned further.
3. About the theft also, Quran is clear that the cutting off of the hands is to be applied only in case of the habitual offenders who are not giving up
their habit after repeated warnings and attempts. The concerned ayats specifically say that 'if the thief repents' meaning thereby that at the initial
stages he is to be given all the opportunities to reform himself.
I have discussed all these issues exhaustively in my book " QURAN AND MODERN JURISPRUDENCE' , published by Royal Book Company,
Lalbagh, Lucknow, UP India. As I have no copy with me, therefore, I cannot quote the exact no. the page etc. Moreover, Prophet (pbuh) usually
used to say that 'keep your sins away from me' meaning that they must not be disclosed.
Another remarkable incident is that one day a woman came to Hazrat Abu Huraira, saying that she has committed fornication several times. Abu
Huraira scolded her, and the other day narrated the story to Prophet (pbuh). The Prophet became furious over Abu Huraira and told him (Abu
Huraira) that 'search out the woman and narrate these verses (relating to forgiveness) of Quran to her. The Prophet (pbuh) did not ask Abu
Huraira ' search out that woman so that she may be stoned to death. In my view such type of the punishments are totally against Quranic
mandates.
Dr. Mustafa Kamal Sherwani
Former President All India Muslim Forum
Sherwani Nagar, Sitapur Road Lucknow India
Presently, Dean, faculty of Law and Shariah
Zanzibar University, Tanzania