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

[Dan Parker]

I think we would not have consciences, were it not for
some higher form of energy, which some might refer to
as God.

Dan

----- Original Message ----- 
From: "robert searle" <dharao4 at yahoo.co.uk>
To: "Discussion Forum for Global Justice" 
<discussion at globaljusticemovement.net>
Sent: Friday, March 23, 2007 3:34 AM
Subject: Re: [GJM] Stoning To Death for 'ADULTERY' - Quranic Perspective 
:Dr. M.K. Sherwani


> 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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