Rajm

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This is a sub-article to Islamic criminal jurisprudence and Stoning

Rajm is an Arabic word that means to stone.

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[edit] Overview

In Islamic law stoning is a punishment that has been prescribed as proper for married men and women who commit adultery when proof is established, or there is pregnancy, or a confession. However, The Quran does not mention stoning as a punishment for adultery. The only punishment for adultery is lashings. The adultery is only proved when four eye witnesses testify that the man and woman have indeed gone further than just embracing and kissing, to have sex. The crime is also proved if one bears witness against his or her own self four times, or if there is a pregnancy[citation needed]. Though some hadith allow stoning, the Qur'an does not explicitly prescribe stoning as a punishment.

There is disagreement among modernist Islamic thinkers as to the applicability of stoning for adultery, as religious texts often give examples with and without stoning, but the Quran makes no mention of stoning as punishment for any crime. However, traditionalists do not see this as a problem, since hadith can also establish laws which the Qur'an does not mention.[1]

There are six verses in the Quran which do mention threats of stoning, against the Muslims(Hanif) of the quran.

[11:91] They said, "O Shu`aib, we do not comprehend many of the things you are telling us, and we see that you are powerless among us. If it were not for your tribe, we would have stoned you. You have no value for us."

This is a relation of the story of lot, the 'they' are the people of Lot threatening a follower of ALLAH(THE GOD), known as shu3ayb.

[18:20] "If they discover you, they will stone you, or force you to revert to their religion, then you can never succeed."

This is another story this time about a group of believers in a cave, until the people of the village discover them, they aren't stoned.

The next verse reads "We caused them to be discovered, to let everyone know that GOD's promise is true, and to remove all doubt concerning the end of the world. The people then disputed among themselves regarding them. Some said, "Let us build a building around them." Their Lord is the best knower about them. Those who prevailed said, "We will build a place of worship around them."

Once again no stoning.

[19:46] He said, "Have you forsaken my gods, O Abraham? Unless you stop, I will stone you. Leave me alone."

Abraham is being threatened with stoning, Yet again the quran is not advocating stoning.

[26:116] They said, "Unless you refrain, O Noah, you will be stoned."

Another Prophet of Islam being threatened with stoning.

[36:18] They said, "We consider you bad omens. Unless you refrain, we will surely stone you, or afflict you with painful retribution."

Another story of persecuted messengers.


[44:20] And surely I take refuge with my Lord and your Lord that you should stone me to death:'' The actual verse reads, ""I seek refuge in my Lord and your Lord, if you oppose me.""

[edit] Hadith

Among prominent ahadith mentioning stoning is the Hadith of Umar's speech of forbidding Mut'ah and Hadith of the Verse of Rajm. There are also other ahadith regarding stoning.

A narration attributed to Ubada b. as-Samit reports:

“ whenever Allah's Apostle (may peace be upon him) received revelation, he felt its rigour and the complexion of his face changed. One day revelation descended upon him, he felt the same rigour. When it was over and he felt relief, he said: Take from me. Verily Allah has ordained a way for them (the women who commit fornication),: (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, then in case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death). And in case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.[2] ”

[edit] Views

One Muslim view is that stoning is the appropriate punishment for adultery committed by a married man or woman with someone who is not legal to him/her. Another view is that it is only applicable to rapists and prostitutes. Other Muslims disagree entirely regarding its legality, arguing that it can not be found in the Qur'an, and the practice goes against some verses, such as those in Sura an-Nur.

[edit] Javed Ahmad Ghamidi

Javed Ahmad Ghamidi, a well-known Pakistani Islamic scholar, has examined all hadith related to Rajm in his book Burhan. Based on principles of Islamic Jurisprudence, such as the one from Shatibi, who writes that Sunnah is either explanation of the Qur'an or addition to the Qur'an. If it is an explanation, then its status is secondary otherwise, it will only be considered addition if it is not discussed by the Qur'an.[3][4] Ghamidi concludes that Quranic punishment for Zina in verse [Qur'an 24:2] does not leave a room for another interpretation.[4] He also writes that stoning can only be prescribed for someone who rapes or habitually commits fornication as prostitutes, as it constitutes maleficence in the land and punishable according to verses [Qur'an 5:33].[5] As it is attributed to Muhammad in following hadith:

Acquire it from me, acquire it from me. The Almighty has revealed the directive about women who habitually commit fornication about which He had promised to reveal. If such criminals are unmarried or are the unsophisticated youth, then their punishment is a hundred stripes and exile and if they are widowers or are married, then their punishment is a hundred stripes and death by stoning. Sahih Muslim 1690

[edit] See also

[edit] References

  1. ^ Probativeness of Sunna [1-3]
  2. ^ Kitab Al-Hudud|Book 017, Number 4192
  3. ^ Imam Shatibi. Al-Muwafiqaat fi Usool al-Sharia, 5(4)
  4. ^ a b Javed Ahmad Ghamidi, Burhan, Al-Mawrid
  5. ^ Javed Ahmed Ghamidi, Mizan, The Penal Law of Islam, Al-Mawrid

[edit] External links