Message No : 119Sr.No : 157/724
Question By : Khalid Omar Siddiqi, Ph.D.

Mohatram Mohammad Shihabuddin Qasmi Sahib:

Would you please post the teachings regarding Rajm (stoning to death for
adultery) in Islam in a concise form on this network for the benefit of our
subscribers?

Thanking you in anticipation of an early response.

Wassalaam
Khalid Omar Siddiqi, Ph.D.
Moderator of Muslimindians Forum

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful
Assalamo Alaikum
Dear brother in Islam,
The teachings of Islam regarding Rajm (stoning to death) are as follow:

Islam is the religion of peace. It teaches its followers to establish peace and put an end to tyranny and crime. The religion bans every crime and describes clearly capital punishment of four enormous crimes; theft, blaming a modest woman, drinking wine and adultery. These punishments are called Hudood in the term of Shriah. Every one of these four crimes is the major sin but the consequence of adultery is worse than others. This grave sin plays a tremendous role to spoil the circumstances by spreading nakedness and anti-Social acts. The Glorious QurˇŻaan says, ˇ°And come not near unto adultery. Verily, it is an abomination and an evil way.ˇ± (Suratul Isra 17 V: 32) Therefore, Islamic law has introduced a capital punishment for adultery. But it should be carried in mind that Islam puts very tough conditions to prove adultery. The conditions are as stated therein:

According to Islamic law, at least two men or one man and two women witnesses are enough to prove a case. But as far as the case of adultery is concerned, four men eyewitnesses are necessary to prove. They should bear witness altogether not one by one. Otherwise, the case will not prove. If there are no eyewitnesses but the committer himself or herself admits crime, the case will prove only when the committer admits four times in different places (according to Hanfi School of thought).

If the adultery is proved whether by admitting or eyewitness, a bachelor will be lashed hundred times and a married will be stoned to death. There are five conditions for stoning an adulterer/adulteress to death. The conditions are as follow:

a) The adulterer/adulteress should be a Muslim
b) The committer should be adult
c) The accused should be sane
d) The committer should be free not slave
e) The adulterer/adulteress should be married in the view of Shariah
f) The adulterer have lived with her husband/his wife after marriage

The Rajm will not be implemented if any of the above-described condition is missing. Likewise, if a witness or committer turns hostile and withdraws his word, the case will remain incomplete and Hadd (capital punishment) will not be implemented. In such a case, though there will not be Hadd or Rajm but on the basis of remaining witnesses the Qazi or Amir can give his verdict for a reasonable Tazir (general punishment). And the witness who has withdrawn his statement will be lashed eighty times as Hadd-e Qazaf (punishment for false accusation) so that none will get an opportunity to blame a Modest man or woman by bearing false witness for adultery.

All the capital punishments will be implemented at a public place where every one can witness and take lesson. The married adulterer/adulteress will be taken to an open field, buried more than half of the body (if woman) for the sake of Purdah and then the witnesses will begin stoning, then the Judge and after that people. And a group of Muslims should be there to witness the punishment. Again if the witnesses deny to begin with stoning, the Rajm will not be implemented. Islam teaches to cover the crime as much as possible but when it is disclosed and proved by the witnesses, no compromise should be in implementing the punishment. The Glorious QurˇŻaan says, ˇ°The adulterer and the adulteress, scourge you each one of them (with) a hundred stripes. And let not pity for the twain withhold you from obedience to Allah, if ye believe in Allah and the Last Day. And let a party of believers witness their punishment.ˇ± (Suratun Noor 24 V: 2)

And Allah knows the best,

Answered by:
Mohd. Shihabuddin Qasmi

Certified by:
Muhammadullah Kh

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