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

[robert searle]

Dear All,

       What Sherwani Mustafa has said here is that
certain aspects about so-called sharia law helps to
damage the reputation of Islam as something civilized,
and progressive. It does not need any scriptural text
to realize that stoning anyone to death, or cutting
off any of their parts is evil, and babaric. It is
anti-spiritual, and backward. Our own conscience
should tell us this. You do not need God, or an
ethical code to inform you that this is wrong!!

Punishment should be in the main be remedial rather
retributative. This is the hallmark of genuine
civilization, and humanity.


R.Searle




--- Sherwani Mustafa <sherwanimk at yahoo.com> wrote:

> 
>  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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