STONING TO DEATH
there is so much being said nowadays about this subject in a very negative
sense in the various newspapers, both by Muslims and non-Muslims, I have
decided to share with you the correct Islamic view on this according to
the two main sources of Islamic Law, i.e. the Qur’an and the Hadith (Authentic
written records of the statements and actions of the Holy Prophet of Islam –
peace be upon him).
Shabbir Ahmad Usmani (may God shower His mercy on him), an intellectual giant
and a great scholar of the Muslim World, and an authority on Islamic Law, has
given an academic explanation of this subject in his world-renown Commentary of
the Qur’an known generally as
Tafseer-e-Usmani. This outlines the most
correct view on this topic, refuting the views held by the Khaarijees,
Anti-Hadith and some Modernists groups of today.
Holy Qur’an, God Almighty says:
fornicatress and the fornicator, flog each of them a hundred stripes; and in
the execution of God’s order let no mercy for them seize you if you (truly)
believe in God and the Last Day; and let a party of the Muslims see their
24: Verse 2)
punishment is given to that fornicator or fornicatress who is free, adolescent
and sane, who is unmarried or married but consummation had not taken
place. Those who are not adolescent and
insane are NOT charged. But the one who is not free (i.e. a slave or a handmaid)
must be flogged with fifty stripes, as God Almighty says:
they (i.e. slaves or handmaids) come in proper wedlock, if they commit an act
of indecency, they will be liable for half the punishment of the free women. (Chapter 4: Verse 25).
Muslim who bears all the qualities (freedom, adolescent, sane, married with
consummation) is known as MUHSAN, and his or her punishment is stoning as God
can they make you (O Prophet!) the judge when they have the Torah (the book
revealed to Moses) with them wherein is God’s command (of stoning to
death, when read with verse 41 of this same chapter), then thereafter they turn
their backs. And they are never
3: Verse 43).
is ‘God’s command’? It was the
command of stoning to death for adultery as given by the majority of the
commentators of verse number 41. The
Holy Prophet of Islam had decided the case of the Jewish pair according to it,
and after the execution of the Divine Order of stoning the culprits, the Holy
“O God! I
am the first to revive Your Commandment after they (the Jews) had made it
details of these authentic reports which took place in the Holy Prophet’s
lifetime can be found in the following books of Hadith:
Kitab-ul-Hudood – Hadith No 3212.
Abu Dawood – Kitab-ul-Hudood – Hadith No 3858.
Ibn Maajah – Kitab-ul-Hudood – Hadith No 3858.
Prophet not only gave the punishment of stoning the Jewish pair, but in all cases
which happened thereafter, he stoned the married adulterer or adulteress. After the Holy Prophet, his Successors, the
Rightly Guided Caliphs and the Prophet’s Companions applied the same law. Not a single individual amongst the orthodox
scholars of the Sunni Muslim World dared to differ from it. In other words, the continued Practice of the
Holy Prophet and the Consensus of our Righteous Scholars, tells us that in this
case, the Islamic Law has retained the Mosaic Law contained in the Torah, just
as God in the Holy Qur’an has described the punishment of slaying the
international murderer with reference to the Torah:
wrote for them in this Book that soul for soul, eye for eye, nose for nose, ear
for ear, tooth for tooth, and the retaliation of wounds equal to them. (Chapter 4: Verse 45).
reveals the Mosaic Law. According to the
orthodox scholars of Islamic Law, all those laws and injunctions of the past
Prophets which are described by the Holy Qur’an and the Hadith shall be mandatory
in Islam, provided that they are not repealed or amended or abrogated by the
Holy Prophet of Islam.
the punishment of an apostate who denounces Islam after becoming a Muslim is
slaying. This capital punishment was
prescribed in the Torah as mentioned by God in the Holy Qur’an:
Moses said to his people (who worshipped the calf): ‘O My People! You have done wrong to yourselves by making
this calf, so now turn to your Creator in penitence, and slay
yourselves. (Chapter 2: Verse 54).
capital punishment of an apostate as enjoined by Mosaic Law is incorporated in
Islamic Law. The Holy Qur’an, however,
confirms the slaying of an international murderer and the stoning of married
fornicator and fornicatress with reference to the Heavenly Book (Torah), and
has greatly condemned those religionists who claim to believe in the Heavenly
Revealed Books but refuse to promulgate the Heavenly Law.
the Holy Prophet is addressed by God in the following words:
have sent down on thee (O Prophet!) the Book with Truth confirming the
former Books, and guarding (Muhaiminan) their subjects. So judge between them according to what God
has sent down, and do NOT follow their wishes leaving aside the Straight Path
which has come. (Chapter
4: Verse 48).
concludes that these laws of the Torah are now under the custody (Muhaimin) of
the Holy Qur’an. The Holy Prophet should
not care about the wishes and desires of anyone. So, neither he cared nor his loyal Companions
took any notice of the whims and fancies of the enemies. That is why when the Caliph Umar (may God be
pleased with him) came to know, through Divine Inspiration, that the perverted
sects will deny these laws one day (as the Khaarijees, Anti-Hadith and Modernist
groups of our time are doing), he stood on the pulpit and proclaimed this
Divine Commandment of stoning to death for adultery in the presence of the
Prophet’s Companions and their followers with great force and emphasis, saying
that it is the truth proven from the Book of God. See Sahih Al-Bukhari, Kitab-ul-Mahaaribeen,
Bab-ur-Rajm. The authentic Hadith reports form part of Islamic Law and cannot
be divorced from it. After all, the Holy
Prophet of Islam was the greatest commentator of the Qur’an, as it was revealed
conclusion, it must be said that if the Muslim authorities execute or judge
according to a Law other than that of Islam, disbelieving the Divine Law, they
shall become Infidels without doubt, like those Jews who had rejected the Divine
Punishment of Stoning to death mentioned in their Torah. But the great and real Infidels will be those
who have got the destiny of the Muslim Nation in their hands but fail to
promulgate the Laws of Islam. Instead,
they exult in the promulgation of British, American, or Russian Law; or Law
created by their own will, wishes, whims and fancies. It is a tragedy of fate that most of the
Muslim Countries and modern scholars abhor Islamic Law and love the Laws of the
Infidels. Partial Implementation of Islamic Law does not equal
the Islamic way of life.
Umhlanga Rocks, KZN,