[GJM] Stoning To Death for 'ADULTERY' - Quranic Perspective : Dr. M.K. Sherwani

[Sherwani Mustafa]

 As recently three persons were stoned and shot dead
for  the offence of 'adultery'in Afghanistan, there
has once again surfaced a heated debate  about the
'Quranic authenticity' of this kind of punishment. I
put forth the following critical analysis and would
like Islamic scholars to come forward with their
viewpoints so that the mist surrounding this concept
may be cleared. 

  Without indulging into the labyrinthine arguments
and the historical developments, I simply wish to
summarise my views under the following heads

1. In Quran, there is no distinction between
fornication, adultery and rape and therefore from the
perspective of the punishment to treat all the three
at the same level is against the Quranic wisdom and
rationalism.

2. Quran does not prescribe the punishment of 'Rajm'
(stoning to death). It simply talks of the flogging,
of
course, of different numbers according to various
stages or kinds. To attribute it to Hazrat Umar,
saying that it was prescribed in Quran originally and
then omitted, seems to be most preposterous.
If at all it is permissible then we are bound to be
guided by the only two known instances we come acorss
during the life time of the Prophet(pbuh) .One was of
the lady who herself came to the Prophet and asked him
for the punishment. Prophet several times turned his
face from the woman, so that she could go away. Then
finally, he asked the woman to come after the
delivery, as she was pregnant. And when she came after
delivery, then once again the Prophet asked her to
come after the baby stops sucking. At the last stage
when the woman herself was determined for the 'rajm'
then prophet ordered it. 
The second instance was of a male. With
him too the Prophet applied the
same principle, and repeatedly tried that he ( the
accused) must withdraw his confession.
What is most remarkable is the fact that when that
fellow was being stoned, he was unable to bear the
pain and he asked the people that he wants to withdraw
his confession, and requested them to take him to
Prophet(pbuh) .But the people did not agree and stoned
him to death.When this incident was narrated to
Prophet, he became furious and blasted the people as
to why they did not bring him( the accused) to him
(Prophet), once he (the accused ) was withdrawing the
confession.
What is clear from these instances is the glaring
reality that in the case of fornication or adultery
one cannot be punished through the stoning to death
unless one oneself is determined to undergo the ordeal
of that punishment. And secondly, even if during the
process of being stoned the accused withdraws the
confession, he is not to be stoned further.

3. About the theft also, Quran is clear that the
cutting off of the hands is to be applied only in case
of the habitual offenders who are not giving up their
habit after repeated warnings and attempts.The
concerened ayats specifically say that 'if the thief
repents'meaning thereby that at the initial stages he
is to be given all the opportunities to reform
himself.

I have discussed all these issues exhautively in my
book " QURAN AND MODERN JURISPRUDENCE' , published by
Royal Book Company, Lalbagh, Lucknow, UP India. As I
have no copy with me, therefore, I cannot quote the
exact no. the page etc.
Moreover, Prophet(pbuh) usually used to say that
'keep your sins away from me' meaning that they must
not be disclosed.
Another remarkable incident is that one day a woman
came to Hazrat Abu Huraira, saying that she has
committed fornication several times. Abu Huraira
scolded her, and the other day narrated the story to
Prophet( pbuh) The Prophet became furious over Abu
Huraira and told him ( Abu Huraira) that 'search out
the woman and narrate these verses ( relating to
forgiveness) of Quran to her. The Prophet(pbuh) did
not ask Abu Huraira ' search out that woman so that
she may be stoned to death.
In my view such type of the punishments are totally
against Quranic mandates.

Dr. Mustafa Kamal Sherwani
Former President All India Muslim Forum
Sherwani Nagar, Sitapur Road Lucknow India
Presently, Dean, faculty of Law and Shariah
Zanzibar University, Tanzania
Mobile: + 255-777-420360



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