Denial of the Punishment of Stoning
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The Tenth Question of Fatwa Number ( 1883 )
Q10: A person denied the punishment of stoning and said: The Messenger stoned
before the revelation of Surat al-Nur, acting in accordance with the ruling of the Torah , so when the verse of al-Nur was revealed, he did not stone after that.
A 10: It is established in the Shari'ah of Islam the stoning of one who commits unlawful sexual intercourse, and who is married, among men and women, in both word and deed. As for the deed, the Messenger of Allah (peace and blessings be upon him) stoned Ma'iz and al-Ghamidiyyah and a Jewish man and a Jewish woman for their unlawful sexual intercourse, and they were married. As for the word, it is established from the hadith of 'Ubadah ibn al-Samit (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:Sahih Muslim 1690a And it is established from the hadith of Abu Hurayrah and Zayd ibn Khalid - (may Allah be pleased with them both) - who said: , agreed upon as authentic. And the practice of this and the statement of it were established in the era of the Rightly Guided Caliphs without objection, which indicates that it was not abrogated. Rather, there was consensus on its establishment before the existence of the Khawarij and the Mu'tazilah . So the disagreement of those who disagreed after that is a departure from the text and the consensus. It is established from Ibn 'Abbas - may Allah be
pleased with them both - that 'Umar ibn al-Khattab said:Sahih al-Bukhari 6829 Agreed upon as authentic. And it is established from 'Ali - (may Allah be pleased with him) - when he stoned the woman on Friday, he said: "I stoned them by the Sunnah of the Messenger of Allah - (peace and blessings be upon him)." And in a narration: "And I flogged her by the Book of Allah"; he said that in response to one who said: You combined two punishments for her.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q10: A person denied the punishment of stoning and said: The Messenger stoned
before the revelation of Surat al-Nur, acting in accordance with the ruling of the Torah , so when the verse of al-Nur was revealed, he did not stone after that.
A 10: It is established in the Shari'ah of Islam the stoning of one who commits unlawful sexual intercourse, and who is married, among men and women, in both word and deed. As for the deed, the Messenger of Allah (peace and blessings be upon him) stoned Ma'iz and al-Ghamidiyyah and a Jewish man and a Jewish woman for their unlawful sexual intercourse, and they were married. As for the word, it is established from the hadith of 'Ubadah ibn al-Samit (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said:
Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
خذوا عني خذوا عني، قد جعل الله لهن سبيلا، البكر بالبكر جلد مائة ونفي سنة، والثيب بالثيب جلد مائة والرجمWe were with the Prophet - (peace and blessings be upon him) - when a man stood up and said: I call upon you by Allah to judge between us by the Book of Allah. His opponent stood up, and he was more knowledgeable than him, and said: Judge between us by the Book of Allah and allow me to speak. He said: Speak. He said: My son was a laborer for this man, so he committed unlawful sexual intercourse with his wife. I ransomed him with one hundred sheep and a servant. Then I asked some men of knowledge, and they informed me that upon my son is a hundred lashes and one year of exile, and upon his wife is stoning. The Messenger of Allah - (peace and blessings be upon him) - said: By Him in whose hand is my soul, I will judge between you by the Book of Allah. The hundred sheep and the servant are returned to you, and upon your son is a hundred lashes and one year of exile. Go, O Anis, to the woman of this man, and if she confesses, stone her. So he went to her in the morning, and she confessed, so he stoned her.
كنا عند النبي - صلى الله عليه وسلم - فقام رجل فقال: أنشدك الله إلا قضيت بيننا بكتاب الله، فقام خصمه وكان أفقه منه فقال: اقض بيننا بكتاب الله وأذن لي، قال: قل، قال: إن ابني كان عسيفًا على هذا، فزنا بامرأته، فافتديت منه بمائة شاة وخادم، ثم سألت رجالاً من أهل العلم، فأخبروني أن على ابني مائة جلدة وتغريب عام، وعلى امرأته الرجم، فقال رسول الله - صلى الله عليه وسلم -: والذي نفسي بيده لأقضين بينكم بكتاب الله، المائة شاة والخادم رد عليك، وعلى ابنك جلد مائة وتغريب عام، واغد يا أنيس إلى امرأة هذا، فإن اعترفت فارجمها فغدا عليها فاعترفت فرجمهاpleased with them both - that 'Umar ibn al-Khattab 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. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession.
لقد خشيت أن يطول بالناس الزمان حتى يقول قائل: لا نجد الرجم في كتاب الله، فيضلوا بترك فريضة أنزلها الله، ألا وإن الرجم حق في كتاب الله على من زنى وقد أحصن إذا قامت البينة، أو كان الحبل، أو الاعترافAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.