Stoning For Adultery in shariah,(Rajm)

Started by Rose, November 02, 2002, 02:28:02 AM

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Rose

Salama Alaykum brothers $ sister.
I was reading this Article and though you may be interested
Hope you will find it educative too.  
 

It is not surprising to see the extent of blatant hypocrisy that is practised by godless worshippers of the flesh who have lost their moral and ethical anchorage. Sadly, their  Western-secular orientation has given them a skewed vision of moral values.

Status of the Shariah (Islamic Law)

Let us first understand the principled position of the divinely revealed Shariah. The Islamic Shariah(Legal System) has been revealed by the Creator and King of the Universe through two main sources which are the Holy Quraan and the Sunnah (Prophetic traditions).These two sources are  absolutely inviolable and cannot be changed by any human being.

The Ahkaamul-Hudood(Penal Laws) is a part of the Islamic Shariah. The Islamic Penal Laws cannot be compartmentalized so that it operates in isolation from the rest of the Shariah system. It is necessary to look at the larger picture of the complete Shariah system to appreciate it’s perfection. The political-economic and social system of the Shariah is geared to develop a society of caring believers, whose rich History bears testimony to the fact that it’s value-system strongly encourages the society to share with the less fortunate. One needs only study the laws of the Shariah to verify this. So the chances for vice and crime are strongly deterred in an Islamic society. Now insignificant braying is quite often heard from Western-influenced (hypo)critics that the Penal code of Islam is barbaric, that it is unjust to women, that it is archaic etc. etc …

Stoning to death for adultery is part of the Shariah’s penal code, whether we like it or not ! Muslims should not be apologetic about any law of the Shariah as it is not the product of the human mind, but it is divinely revealed.

RAJM(STONING) FIRMLY ESTABLISHED IN SHARIAH
The issue of rajm or stoning for adultery is established and proven from the authentic traditions and practices of the Final Messenger(s.a.w.). The scholars of Islam are unanimous that stoning a married person(male or female) for adultery is the prescribed Hadd(penal punishment) of the Shariah. This is established by the Sunnah(prophetic traditions) and these traditions are in the rank of tawaatur ( it’s narrations cannot be denied due to it’s appearance in all three generations by numerous narrators). It is also proven by the consensus of the scholars which is the third source of Islamic Law. Ibn Masud(r.a.) reports: “The blood of a Muslim person is not permissible except in one of three situations; the adulterer who is married, one who has killed unjustly, and the apostate.”(Bukhari and Muslim) This hadeeth is also reported with different wording by Uthmaan, Ayesha, Abu Hurairah, Jaabir and Ammaar bin Yaasir(may Allah be pleased with all of them). Then there is the incident reported by Abu Hurairah(r.a.) and Zaid bin Khalid Al-Juhani(r.a.) regarding a workman who committed adultery with another woman. The Messenger of Allah(s.a.w.) instructed a man from the tribe of Aslam: “Go in the morning to this (particular) lady; so if she confesses, then stone her.” (Bukhari ,Muslim, Muatta, Musnad Ahmad, Abu Dawud, Tirmidhi, An-Nasaai)

Buraida(r.a.) also reports the story of Maaiz(r.a.) which appears in various narrations. So he confessed to committing adultery and the Prophet Muhammad(s.a.w.) ordered for him to be stoned.(Muslim, Abu Dawud) This incident is also reported by Abu Hurairah in Musnad Ahmad, Bukhari, Muslim, Tirmidhi and Abu Dawood. In fact the list of references is too long to mention here. Furthermore Buraida(r.a.) also reports the incident of Gaamidiyyah(r.a.) who confessed to adultery. The Final Messenger(s.a.w.) only accepted her confession on her third approach, and ordered that she be stoned after the child had been weaned. She dutifully returned after such a long period to be stoned.(Muslim, Musnad Ahmad, Abu Dawud). Adultery is considered the third most heinous crime after associating partners in worship with the Sole Creator, and after killing an innocent person. For this reason the Magnificent Quran states: “And go not near to zina(unlawful sexual intercourse).Certainly, it is a Fahishah(a shameful transgression), and an evil way.”(that leads to hell unless Allah forgives him\her.)Quran-Chap.17-Verse:32  

SPIRIT AND AIMS OF SHARIAH HUDOOD(Penal Code of Islam) The Shariah needs to be understood in proper context to appreciate it’s spirit and objectives. The sacred Shariah aims to preserve and protect that which it also considers sacred and they are the following:

1) Human life- therefore a strict and severe penalty of execution will be imposed, if the heirs of the murdered person do not forgive the murderer\ess, neither do they accept compensation.    

2)Aql(human intellect)-for this reason the Shariah imposes 100 lashes for consuming intoxicants and alcoholic beverages since they affect the mental faculty, create dependency, harm the body and pose immense danger to society.

3)Respect and honour of citizens- slander and false accusations regarding a person’s chastity would result in 80 lashes being imposed by the Shariah court.

4)Purity of Lineage- allowing fornication and adultery would result in abundance of illegitimate children and, as is common today in the shameless westernized society, abortions(murder) of innocent unborn children.(This is happening by the thousands by the way, yet no Miss World or Law Society has come out with so much as a whimper to protest against this slaughter).Precisely to protect the lives of innocent, unborn children, we find the Shariah imposing an exemplary punishment that acts as a harsh deterrent by stoning to death or 100 lashes.

5)Property - if theft and looting are left unchecked it would lead to numerous difficulties for the hardworking members of society. As a result the Shariah here again imposes a deterrent punishment of cutting of the hand.

We should remember that each of these severe punishments are dependent on very strict conditions being met. If the Shariah court has the slightest doubt in the evidence which itself is quite stringent, then it would not implement the Hadd punishment.

The conditions for stoning for adultery are either uncoerced confession, or 4 eyewitnesses who witness the act as the pen enters the inkpot.(not even video footage will be accepted-a lighter sentence will be imposed, but not stoning). In the case of Amina Lawaal of Nigeria, the details are very vague , but we are given to understand that she confessed on her own. Since there are no eyewitnesses, the man cannot be punished unless he also confesses to being the adulterer. This happened in the time of Prophet Muhammad(s.a.w.).Two  people, Maaiz and Ghaamidiyya confessed to adultery due to their feelings of shame and seeking penitence from Allah. The Holy Prophet (s.a.w.) only accepted their confession on their third approach. The first two times he turned them back. Eventually they were stoned to death. The Prophet of Allah(s.a.w.) actually commented on the sincere repentance of Ghaamidiyyah, that had her tauba(repentance) been distributed for all the people of Medina, it would have been sufficient to gain forgiveness for all the people of Medina! The Shariah even permits a person to withdraw his confession even after the stoning has started! Furthermore, stoning a woman who was raped is totally out of the question, rather the guilty male stands a strong chance of being executed by the Shariah court.  


SHARIAH – STRIKING A BRILLIANT BALANCE
When keeping these objectives and principles in mind, the Shariah also   strikes a brilliant balance between the rights of individuals(human rights) and the rights of society so that both individuals and the society as a whole are amply protected. Unfortunately, the Western society imposes an unnatural emphasis on individual human rights without corresponding obligations, which has resulted in the rights of society as a whole being seriously violated, allowing for a descent into anarchy. The issue of crime out of control is one example of extremism. The opposite extremism is when the vigilantes take law into their own hands after much frustration. Then you sit with jail houses overflowing to the brim with hardened criminals at the poor tax-payers expense and with no chances of rehabilitation. They are deprived of the family support and rehabilitation, rather they go deeper into vice and corruption. The recent exposure of the corruption of wardens and prisoners at prisons in Bloemfontein captured on video footage amply demonstrates the failure of western penal system.

The incidence of Shariah punishments being applied pales into insignificance when one compares the high rates of crimes in Western countries and resulting convictions with it’s burgeoning costs !

The moderate and balanced system of the Shariah is criticised by ignorant fools who lack the necessary knowledge and depth of understanding and, who often are led by their own base and selfish desires. The world has tried all the extreme ‘isms’ (ruthless communism, socialism, corrupt capitalism, narrow nazism, genocidal zionism etc) and they are proving to be a dismal failure. It is now time for Islam to arrive on the world scene and when it does, it will appear in all it’s splendour and glory to save the fallen humanity by bringing a truly just and natural social order which has the divine stamp of approval !! This is the bold and confident promise of none other than the Master of the Universe: “He(Allah) it is who has sent His messenger(Muhammad) with guidance and the religion(code of law) of truth in order that it may dominate over all other religions(isms) even though the idolaters may detest it.” (Qura’an-Chap.61 Verse: 9)

   
aNo Ta DaBo ChiGaRii, GaRi Ba KaNo Ba DaJin ALLaH.

Dan-Sokoto

Ice

Thanks a lot for this short, concise, educative and very assertive discourse. I for one, has benefited very much from it and gained more insight. I hope we brothers and sisters will continue to educate the skeptics about ourselves and our great religion which is by deliberate design being demonized and painted to be bad by a segment of Nigerian press. Insha allah, they would not and never succeed.

Dan-Sokoto

Blaqueen

good... good....

i like the point about the miss world part... hehe... dont mind them...
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Rose

You are welcome Dan-sokoto.
And you are very right that we muslim have responsbilities to educate the ignorant.
aNo Ta DaBo ChiGaRii, GaRi Ba KaNo Ba DaJin ALLaH.

Blaqueen

besides... people are hardly convivted.... so i dunno whut the biggie is... people juss want to create issues...
da Hunniez Gettin Money Playin Niggaz Like Dummy

Anonymous

I was just reading Ice's post up there, about stoning for adultery as a "devine revelation", i have gone through the Quran and i have not found where the prescribed punishment for Adultery is stoning to death.

I will like to question it as a "devine revelation" unless you want us to go by the old testament in which case,that is the recommended punishment.But we all know that the bible has been tmapered with don't we?

Allah says all revelations were  not to be abroggated, but that new revelations were brought to make other revelations better, i.e to improve on old.

If the punishment was in place before the advent of islam it only make sense that the punishment was made up by people, therefore it is not a "devine revelation".

I will like you to go through the Quran yourself, and see.And there is nothing in the Quran that says things can not change from time to time.In ancient times we did not ride in cars, but we do now, why didn't we stick to horse ridinig?
In ancient times, theft is punishable by death(old testament), but coming to the advent of islam it was changed to cutting off the limb.

The prophet was a kind and a compassinate man.No doubt if he was alive today, he would have made it impossible to stone any offender to death, going by his recommendation and efforts at the time to make life better for slaves and women.
I have no doubt that islam is under attack from every angle around the world at the moment, but that should not prevent us from opening our own eyes to see what islam is all about.....Fairness and compassion.

when you think of what is fair at any given situation, and you are able to convince yourself deeply, then you are right.

You think it is fair to kill an adulterer? especially one who has  got a child to take care off? deep inside of you, do you feel it is right on the person or the child?

Islam enjoins fairness at all times.Islam does not discriminate.Islam respects all people, irrespective of race or religion or disability or shortcoming, the example was set by the prophet himself!!!

These attribute attracted alot of people to islam during the time of the prophet.In fact many emigrated from their country  to come to  the land of the prophet to join islam, and many at times islam was invited into a lot of countries willingly by the people.Where are those traits now? why is the image of islam being altered over the years?

Please fellow muslims let us start thinking for ourselves!!!

Have a nice day all. Ma assalam.

Blaqueen

bi, i sooo agree wit' u...
but then again... its funny how people think stoning is barbaric, and they think adultery is not... :-/

otherwise... i dont actually support the stoning... juss the 100 strokes written in the Qur'an...
da Hunniez Gettin Money Playin Niggaz Like Dummy

Anonymous

FyneDymeQueen,

I have been reading a lot of your posts, and i like your way of thinking.

Adultery is wrong, before we think of anything as barbaric, we have to define what barbarism is, in the first place, and by whose standard is something barbaric?

We could say punsihment by stoning is ancient,  and the act of adultery itself is an act of betrayal, it goes against all that we hold moral.

But human being are not perfect, we are given  free will as well, so that goes against us all the time.

The thing i like about islam is, it gives you room to make a lot of choices, and still be moral in the eyes of the society, in the case that you err, there are still a lot of avenues that you can deal with it, or it can be dealt with.

Islam does not give us the right to judge people by our own standards, that is left to God.
How many acts of adultery has been committed without the knowledge of the courts? who went to bring out those offenders and labelled them as adulterers in the first place? what ever happens to "Allah Ya hana bincike"? or " Allah ba Azzalumin kowa bane"?

I think a lot of time we get carried away by our self righteous attitude that,  we just hau namun laifin, mu hango na wani!.

I don't know if you noticed, but those women are not married, so they can not even be accused of adultery, but Fornication!! adultery can only be commited if you are in a state of marriage to someone else.
And what about the man? what about DNA? couldn't that be employed to prove he is the father of the child?

But most of all, whatever happened to the words Allah?
"Come with the world full of sin, and i will come with it full of forgiveness!!" if we ask.

The sharia will do more good for the people if the government  were engaged in rooting out corruption, and hooliganism within the society.Sharia will benefit people if we bring to the fore front, the honesty, steadfastness, tolerance, and  love of fellow human beings, irrespective of race or creed, that the prophet was known for, instead they are using the sharia to tarnish the image of islam all over the world.

Anyway i practise my religion(islam) according to my conviction now, not according to what any mallam says, thank God there are Quran with translation now, so i go by my own conviction and the conviction of someone i trust.

The so called custodians of islam, have a lot to answer to in Akhira.
Allah ya sa mu dace!!

Have a nice day Y'all.

Blaqueen

thanx luv, for the compliments!!!

i really want to try and educate a lot of people on Islam and what it is all about.  Insha Allah, i'll do something like that in Africa!!!!!!
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