Dr. Saleem Ahmad's case Against Stoning

[Ummulhuda]

Salaam
This is the article on stoning and the Amina Lawal Saga,that Dr Saleem Ahmed posted on the Gamji Website.


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The Evolving Nature of Qur'an and Its Implications for Interpreting Ahadith1

By

Saleem Ahmed2

 

Case: Punishment for adultery

 

Editor’s note: Amina Lawal, 30, was sentenced to death by stoning (rajam) by a Shariah Court in northern Nigeria for allegedly committing adultery.  Her appeal against this conviction is to be heard on August 27. Dr. Ahmed’s analysis of the evolving nature of Qur’anic guidance Prophet Muhammad (peace be upon him) received provides some “outside the box” thinking the Court might want to consider in its decision-making.

 

1. Punishment in the Scriptures

Although illicit sex is strongly condemned by all three Abrahamic faiths, its punishment varies. The Jewish Torah (also the Christian Old Testament) prescribes death for adultery; the Christian New Testament essentially suggests no punishment; and the Qur’an takes the middle ground by prescribing 100 lashes and restricting the guilty to marry others “similarly guilty or an unbeliever” after receiving this punishment:

 

Torah/Old Testament: If a man commits adultery with a married woman, committing adultery with another man’s wife, the adulterer and adulteress shall be put to death (Leviticus 20:10). [Note: in older translations, “putting to death” was by stoning.].

 

New Testament: He that is without sin, let him cast the first stone (John 8:7).

 

Qur’an: The man and woman guilty of adultery or fornication: flog each of them with a hundred stripes. Let not compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the Last Day. And let a party of believers witness their punishment (Qur’an, Surah Nur, 24:2). Let no man guilty of adultery or fornication marry any but a woman similarly guilty or an unbeliever; nor let any but such a man or an unbeliever marry such a woman. To the believers such a thing is forbidden (Qur’an, 24:3).

 

2. Punishment in ahadith

Punishment for illicit sex also varies among the approximately 50 ahadith found dealing with this subject. These are summarized below from the “severest” to the “mildest” and also differentiated between cases involving adulterers (married persons) and fornicators (single persons). The hadith compiler’s name and hadith number are indicated within parenthesis. This information was obtained from the CD The Alim (1999 release) produced by the ISL Software Corporation, USA.

 

PUNISHMENT FOR ADULTERY (for married persons)

(a) The Prophet*3 declared that adulterers should be first given 100 lashes and then stoned to death (Muslim 787).

 

(b) The Prophet*, following the Torah, prescribed rajam (stoning to death) to a Jewish couple found guilty of adultery (Bukhari 2.413, 6.79, 8.825; Abu Dawood 2091, 2092, 2093; Muslim 793). Another man, confessing adultery, was awarded rajam (Bukhari 8.805; Al-Muwatta 41.4).

 

(c )  Maiz, on confessing adultery, was awarded rajam. When stones starting hurting him, he escaped, but was caught and killed. On hearing this, the Prophet* asked, “Why didn’t you leave him alone? Perhaps he might have repented and been forgiven by God” (Abu Dawood 2079; Tirmidhi 1010; Fiqh-us-Sunnah 4.49).

 

(d) The Prophet* declared: “The adulterer who has been flogged shall not marry save the one like him” (Abu Dawood 837).

 

(e) The Prophet* prescribed striking a sick man once with a palm-tree stalk containing hundred twigs for having sex with a slave woman (Tirmidhi 1013).

 

(f) Three men in Yemen had sexual relations with the same woman “in a single state of purity.” Later, all three claimed to be the father of the child born to her. Since they could not settle the matter, they sought Ali’s help. (Ali was then visiting Yemen as the Prophet’s* emissary). Finding no alternative, Ali drew lots to declare the father. Later, on learning this, the Prophet* laughed so much his molar teeth showed  (Abu Dawood 932, 933). [Notes:(1) Apparently no one was punished. (2) “Single state of purity” probably refers to the time between two menstrual cycles].

 

PUNISHMENT FOR FORNICATION (for unmarried persons)

(g) The Prophet* prescribed 100 lashes plus one year exile to an unmarried person for fornication (Bukhari 8.818, 8.819; Muslim 787).

 

(h) A fornicator was given 100 lashes. The woman he named denied involvement. Thus, she was not punished – and he was given an additional 80 lashes for accusing her falsely (Abu Dawood 2105).  Fifty lashes were given to an adulterous  slave girl (Bukhari 8.822, 8.823; Al-Muwatta 41.14, 41.16).


(i) The Prophet* applauded Ali for not whipping an adulterous slave woman because Ali feared he might kill her (she had recently given birth) (Muslim 795).

 

(j) A man named Marthad, who took prisoners of war from Mecca to Medina, had illicit relations with a prostitute named Inaq. Later, desiring to marry her, Marthad consulted the Prophet.* The Prophet* was silent for a while. Then the verse 24:3 was revealed. The Prophet* recited this to Marthad and advised him against marrying Inaq (Abu Dawood 836).[There is no mention of any punishment].

 

Discussion
Apart from questioning the authenticity of some ahadith, the only other way we have to explain this significant variation in punishment for illicit sex is to consider the evolving nature of the guidance Muhammad* received during the 23 years of his prophethood (610-632 C.E.). We are reminded of this evolving nature by verse 2:106 which clarifies that, whenever Allah abrogates a verse, He replaces it with “something better or similar” (2:106). For example, the direction to face while praying (qibla) was changed from Jerusalem to Mecca when verse 2:144 was revealed, about 13 months after Muhammad* migrated from Mecca to Medina (Abu Dawood 199). With this in mind, the following discussion becomes critical for an objective analysis of our subject:

 

When was Surah Nur revealed?

Most of Surah Nur was probably revealed around 5-6 A.H (628 C.E.) (Abdullah Yusuf Ali, in The Holy Qur’an), with verse 24:3 being revealed about two years later (discussed below). Since the Prophet* died in 10 A.H. (632 C.E.), majority of incidents reported in various ahadith would have probably occurred during the 17-18 years of Muhammad’s* prophethood preceding this Surah, rather than in his* four remaining years. Since Qur’anic verses 24:2-3 do not prescribe rajam for adultery – and since the Prophet* always conformed to incoming Qur’anic guidance –  wouldn’t it be logical to assume that ahadith prescribing rajam pre-date Surah Nur and may have been based on some earlier guidance which was subsequently abrogated? In fact, Caliph Umar recalled that a verse prescribing rajam once existed in the Qur’an – but was no longer found there (Bukhari 8.817). As a corollary, therefore, isn’t it possible that the Prophet* may have replaced rajam with 100 lashes after Surah Nur was revealed? Wouldn’t this explain the significant variation we find in ahadith dealing with this “life-or-death” matter? The following conversation captures the exasperation about date uncertainty vis-a-vis rajam:

 

Hadith (k): One person asked another: “Did God’s apostle carry out rajam?” Second person:  Yes.” First person: “Before or after the revelation of Surah Nur?” Second person: “I don’t know.” (Bukhari 8.804)

 

Let us examine the following two incidents occurring during the last two years of the Prophet’s* life: In hadith (j), we learn that Marthad took prisoners of war from Mecca to Medina after the conquest of Mecca in 8 A.H. (630 C.E) – two years before the Prophet* died. In fact, it was during this incident that verse 24:3 was revealed. And hadith (e) took place in 632 C.E., a few months before the Prophet* died, when Ali gave the Prophet* a report of his visit to Yemen. In both cases, there is no mention of any punishment for the illegal sex involved – not even 100 lashes. Why? Allah knows best.



What guidance could the Prophet* have followed before Surah Nur?

The Prophet* probably followed some other Qur’anic verse which was subsequently abrogated. As we saw earlier, Caliph Umar recalled that a verse prescribing rajam once existed in the Qur’an – but was no longer found there (Bukhari 8.817).

 

Then why do we still find ahadith prescribing rajam?

We cannot “erase” this historical record, although the underlying principle changed – just as  we cannot erase the historical record that America once practiced slavery, although this also changed. Moreover, while the Prophet* could easily remove abrogated verses from the Qur’an, he probably could not go around telling thousands of people to “erase” from memory any event they had witnessed – especially something as graphic as rajam.

 

What should Muslims do?

Just as the Qur’an takes the “middle position” between Torah and New Testament, Muslims might consider following the “middle position” among the various ahadith and prescribe 100 lashes to adulterers and fornicators. Not only do we then follow the Qur’anic guidance on this subject, but also two ahadith  – (d) and (h). While some Muslims may assert that 100 lashes punishment is for fornicators and rajam is for adulterers, the basis for this conclusion remains unclear, as verses 24:2-3 do not make this distinction. Thus, it might be appropriate for us to engage in ijtihad (introspection) to ensure we do not transgress Qur’anic limit by stoning adulterers to death.

 

How severe is the flogging supposed to be?

Since verse 24:3 permits adulterers to marry others “similarly guilty” after they have been flogged, they must survive this punishment. Therefore, this whipping appears more psychological than physical. We note this particularly in hadith (e), when the Prophet* prescribed whipping a sick man only once with a stalk containing one hundred twigs. Thus, it appears that verse 24:2 instruction, “Let not compassion move you in their case, in a matter prescribed by Allah . . .” probably refers to the act of whipping  – and not its severity. And while some may assert this “mildness” violates verse 24:2, doesn’t the “harshness” of rajam do likewise?

 

Commenting on the severity of whipping, Maulana Muhammad Ali, the famous pre-partition Muslim scholar of British India, states: “Jald was a punishment which should be felt by the skin. It aimed more at disgracing the culprit than torturing him. . . . According to Ibn Mas’ud, baring the back for flogging is forbidden. A shirt or two must be left over the body. It is preferable to give strokes on different parts of the body so that no harm should result to any one part, but the face and private parts must be avoided.” (The Religion of Islam, undated, published by S. Chand and Company, New Delhi, pp. 753-4).

 

In the same vein, shouldn’t we also give the benefit of doubt to any unmarried pregnant woman who testifies, under oath, that she was raped? Just as the wife’s oath of innocence is superior to her husband’s oath accusing her of adultery (Qur’an 24:6-10), shouldn’t other women also receive the same benefit? Shouldn’t we look for ways to forgive, as suggested by the Qur’an:

 

If any of you did evil in ignorance and thereafter repented and amended, lo! He is Oft-Forgiving, Most Merciful (Qur’an 6:54).



The need for urgency

Because of the variation we find among ahadith in punishment for illegal sex, there is an urgent need for our ulema and scholars to discuss this issue dispassionately, in the light of the Qur’an’s evolutionary nature. In the meanwhile, and to ensure we do not transgress Qur’anic limits, it probably behooves us to follow the Prophet’s* advice:

 

Avoid inflicting the prescribed penalty on Muslims as much as you can. And if there is a way out, let a man go. For it is better for a leader to make a mistake in forgiving in punishing (Tirmidhi 1011).

 

And, unless we follow the Jewish Torah, shouldn’t 100 (mild) lashes be the worst punishment Amina Lawal  should receive? Else, will not those who sentence her to death be possibly guilty of transgressing Qur’anic limits? Will they not be committing murder – which, in turn, demands qisas (retaliatory punishment)?

 

Allah knows best.

 





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           1 In this article, ahadith include sunnah.

           2Author, BEYOND VEIL AND HOLY WAR: Islamic Teachings and Muslim Practices with Biblical Comparisons (www.BeyondVeilAndHolyWar.com), from which writing this article is condensed. Email: movingpenpub@aol.com.

           3 The asterisk (*) stands for the salutation “peace be upon him”.

[Anonymous]

Assalamu Alaikum,

This link follows to the article carrying the consistent reply we gave to Dr. Ahmad Saleem over the issues under focus. We have tried to examine his premise; body of discourse and conclusion before we come up with this critique showing the flaws in his presentations.

If any reader should find the substance of our arguments here helpful; the whole credit is due to Allah for only the mistakes are ours.


Iftar Bilkhair
Waziri

[Anonymous]

Assalamu Alaikum,

This link follows to the article carrying the consistent reply we gave to Dr. Ahmad Saleem over the issues under focus. We have tried to examine his premise; body of discourse and conclusion before we come up with this critique showing the flaws in his presentations.


If any reader should find the substance of our arguments here helpful; the whole credit is due to Allah for only the mistakes are ours.


http://www.amanaonline.com/Articles/art_484.htm

Iftar Bilkhair
Waziri