The Establishment of the Punishment of Stoning in Islamic Law, in Both Word and Deed
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Q10: He denied the punishment of stoning and said: Did not the Messenger stone before the revelation of
Surat al-Nur, acting according to the ruling of the Torah? And when the verse of Surat al-Nur was revealed, did he not stop stoning thereafter?
A10: It is established in Islamic law that a man or woman who commits unlawful sexual intercourse while married is stoned, 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 two Jews for committing 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: Sahih al-Bukhari 6827, 6828 . Agreed upon
as authentic. And the practice of this and the statement of it were established during 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 emergence of the Khawarij and the Mu'tazilah . Therefore, the disagreement of those who disagreed after that is a departure from the text and consensus. It is established from Ibn 'Abbas (may Allah be pleased with them both) that 'Umar ibn al-Khattab (may Allah be pleased with him) 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 that he said: "I stoned her 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 someone who said to him: "You combined two punishments for her."
Surat al-Nur, acting according to the ruling of the Torah? And when the verse of Surat al-Nur was revealed, did he not stop stoning thereafter?
A10: It is established in Islamic law that a man or woman who commits unlawful sexual intercourse while married is stoned, 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 two Jews for committing 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 سبيلاً، البكر بالبكر جلد مائة ونفي سنة، والثيب بالثيب جلد مائة والرجمWhile we were with the Prophet (ﷺ) , a man stood up and said (to the Prophet (ﷺ) ), "I beseech you by Allah, that you should judge us according to Allah's Laws." Then the man's opponent who was wiser than him, got up saying (to Allah's Messenger (ﷺ)) "Judge us according to Allah's Law and kindly allow me (to speak)." The Prophet (ﷺ) said, "'Speak." He said, "My son was a laborer working for this man and he committed an illegal sexual intercourse with his wife, and I gave one-hundred sheep and a slave as a ransom for my son's sin. Then I asked a learned man about this case and he informed me that my son should receive one hundred lashes and be exiled for one year, and the man's wife should be stoned to death." The Prophet (ﷺ) said, "By Him in Whose Hand my soul is, I will judge you according to the Laws of Allah. Your one-hundred sheep and the slave are to be returned to you, and your son has to receive one-hundred lashes and be exiled for one year. O Unais! Go to the wife of this man, and if she confesses, then stone her to death." Unais went to her and she confessed. He then stoned her to death.
كنا عند النبي صلى الله عليه وسلم، فقام رجل فقال: أنشدك الله إلاَّ قضيت بيننا بكتاب الله؟ فقام خصمه - وكان أفقه منه - فقال: اقض بيننا بكتاب الله وائذن لي، قال: قل، قال: إن ابني كان عسيفًا على هذا، فزنى بامرأته، فافتديت منه بمائة شاة وخادم، ثم سألت رجالاً من أهل العلم، فأخبروني: أن على ابني جلد مائة وتغريب عام، وعلى امرأته الرجم. فقال النبي صلى الله عليه وسلم: والذي نفسي بيده لأقضين بينكما بكتاب الله جل ذكره: المائة شاة والخادم رد عليك، وعلى ابنك جلد مائة وتغريب عام، واغد يا أنيس على امرأة هذا، فإن اعترفت فارجمها، فغدا عليها فاعترفت، فرجمهاas authentic. And the practice of this and the statement of it were established during 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 emergence of the Khawarij and the Mu'tazilah . Therefore, the disagreement of those who disagreed after that is a departure from the text and consensus. It is established from Ibn 'Abbas (may Allah be pleased with them both) that 'Umar ibn al-Khattab (may Allah be pleased with him) 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 زمان 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 الاعتراف
Source
www.alifta.gov.sa
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