In Pakistan is Stoning Seen as an Appropriate form of Punishment?

[Deeba1234]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

There need to be 4 witnesses or a confession but a lot of these stonings happen without those things.. Also, sometimes it's used when couples run away because one of them is about to be or has already been forced into marriage which obviously wouldn't be valid Islamically anyway.. It's disgusting that ppl get stoned (or punished in other ways) in those situations and besides running away in itself doesn't prove the two actually had sex..

The witnesses need to have seen the actual penetration, the evidence shouldn't be based on assumptions, hearsay or gossip.. there's even an Islamic punishment for those who make these sorts of accusations without proof but funny that goes out the window:

'And those who accuse honorable women but bring not four witnesses, scourge them (with) 80 stripes and never (afterward) accept their testimony. They indeed are evildoers'

(An-Nur 24:4).

There have also been cases where unmarried girls have been punished after they've become pregnant tho of course pregnancy doesn't always mean the sex was consensual and as a result u end up with some girls who have already been raped ending up getting lashed (or even stoned.. which isn't even the shariah punishment for unlawful sex unless he/she's married)

I love how the villagers doing the stoning say what these couples did is haram but in their eyes forced marriages are perfectly acceptable as is conveniently forgetting about the strict requirements regarding the witnesses and/or confession.. It's more about a culture of control than following Islam properly imo..

[kaka_in_usa]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

you actually failed to understand. and probably you didnt read the other replies which already have stated this. 100 lashes for the unmarried, and stoning to death for the married.

i know, i only read sahih bukhari since it matters more than other peoples opinion.
i dont agree with death sentence for adultery especially if it is biased one.

Well anyone who has been lashed will know that most men will die before 40 lashes so either way neither death is easy.

100 lashes is more than enough to kill if done properly and besides I doubt they will be tickling with those lashes either.... even a simple rawhide one could flense a guy in 25 strokes.

i agree, that was my first thought too. but still men has good chances of staying alive while women has been given no option but to die.
Why not stonning to death for both or lashes for both. i think justice should be fair, just my two cents.

[Faris_Udeen]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@kaka_in_usa

i agree, that was my first thought too. but still men has good chances of staying alive while women has been given no option but to die. Why not stonning to death for both or lashes for both. i think justice should be fair, just my two cents.

Hmmm I guess your right both deserve the same sort of punishment if guilty but since I am no Alim i can only obey what I am told is law. Without laws every stray cow would lead to murder.

[aaliyahkhan1]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@Deeba1234

There have also been cases where unmarried girls have been punished after they’ve become pregnant tho of course pregnancy doesn’t always mean the sex was consensual and as a result u end up with some girls who have already been raped ending up getting lashed (or even stoned.. which isn’t even the shariah punishment for unlawful sex unless he/she’s married)

I love how the villagers doing the stoning say what these couples did is haram but in their eyes forced marriages are perfectly acceptable as is conveniently forgetting about the strict requirements regarding the witnesses and/or confession.. It’s more about a culture of control than following Islam properly imo..

:k:

ISn’t it great how everyone is soooooooooo quick to “punish”, but no one ever has to time to make sure it is justice served!!

[Captain1]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@kaka_in_usa

i know, i only read sahih bukhari since it matters more than other peoples opinion. i dont agree with death sentence for adultery especially if it is biased one.

i agree, that was my first thought too. but still men has good chances of staying alive while women has been given no option but to die. Why not stonning to death for both or lashes for both. i think justice should be fair, just my two cents.

There is no 'bias' which you are seeing in hadees, the difference in 'lashes' vs 'stoning to death' is if one was married vs one was not married, the married one indulging in illicit sex is to be stoned to death while the one who is not married to receive lashes. Punishment is not based on the sex of the person but rather marital status.

[firenze]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

4 witness

you can pay to line up witnesses.

[TS]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

There need to be 4 witnesses or a confession but a lot of these stonings happen without those things.. Also, sometimes it's used when couples run away because one of them is about to be or has already been forced into marriage which obviously wouldn't be valid Islamically anyway.. It's disgusting that ppl get stoned (or punished in other ways) in those situations and besides running away in itself doesn't prove the two actually had sex..

The witnesses need to have seen the actual penetration, the evidence shouldn't be based on assumptions, hearsay or gossip.. there's even an Islamic punishment for those who make these sorts of accusations without proof but funny that goes out the window:

'And those who accuse honorable women but bring not four witnesses, scourge them (with) 80 stripes and never (afterward) accept their testimony. They indeed are evildoers'

(An-Nur 24:4).

There have also been cases where unmarried girls have been punished after they've become pregnant tho of course pregnancy doesn't always mean the sex was consensual and as a result u end up with some girls who have already been raped ending up getting lashed (or even stoned.. which isn't even the shariah punishment for unlawful sex unless he/she's married)

I love how the villagers doing the stoning say what these couples did is haram but in their eyes forced marriages are perfectly acceptable as is conveniently forgetting about the strict requirements regarding the witnesses and/or confession.. It's more about a culture of control than following Islam properly imo..

Continuing on this information, some people think that it is ridiculous that 4 witnesses need to verify the act first hand as it would never be possible in a consensual situation.

That would mean that the harsh punishment could never really be administered. So it becomes mostly a symbolic punishment. However, the severity of the potential punishment conveys the message as to how grave this sin is.
I don't know how this works out to convict a rapist.

[Deeba1234]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@Tanvir S.

Continuing on this information, some people think that it is ridiculous that 4 witnesses need to verify the act first hand as it would never be possible in a consensual situation.

It is deliberately difficult as the point is not to go round trying to round up every single couple that may have had unlawful sex, rather** to stop it from being seen as ‘normal’ and acceptable by society..** it’s something that a lot of ppl don’t seem to want to believe tho..

Also, I forgot to add to my last post it’s not even recommended that u confess (it comes under not disclosing sins.. unless obviously they affect other people eg. u got someone pregnant or gave them an std.. these ‘personal’ sins are between u and Allah)..

I know ppl are not going to believe the bit about being told not to confess so here’s the info:

'Reported by many companions that Ma’iz went before Prophet Muhammad in the Mosque and said, “I have committed adultery, please purify me.” (In another report, Prophet Muhammad asked Ma’iz that the reports he heard about him are correct or not) prophet Muhammad turned his face away from him and said “Woe to you, go back and pray to Allah for forgiveness.” But the boy again came in front of prophet Muhammad and repeated his desire for purification. The act was repeated three times, until Abu Bakr, sitting close by, told the Ma’iz to leave, as the fourth repetition of the plea would get him stoned.

But the man persisted.Prophet Muhammad then turned to him and said “you might have kissed or caressed her or you might have looked at her with lust (and so assumed that you committed Zéna)”. Ma’iz replied in the negative. Allah’s Apostle said “did you lie in bed with her?” Ma’iz replied in the affirmative. He then asked, “did you have sexual intercourse?” Ma’iz replied in the affirmative. Then Prophet Muhammad got quite uncomfortable, and asked “Did your male organ disappear in the female part?” Ma’iz replied in the affirmative.

He then asked, once more, whether Ma’iz knew what Zéna means. Ma’iz replied “yes, I have committed the same act a husband commits with his wife.” Prophet Muhammad asked if he was married, and he replied “yes”.Prophet Muhammad asked if he took any wine, and Ma’iz again replied in the negative. Prophet Muhammad then sent for an inquiry from the neighbors of Ma’iz, whether or not Ma’iz suffered from insanity. The replies all came in the negative.

Prophet Muhammad then said, “had you kept it a secret, it would have been better for you.” Prophet Muhammad then ordered Ma’iz to be stoned to death. During the stoning, Ma’iz cried out, “O people, take me back to the Holy Prophet, the people of my clan deluded me.” When this was reported to Prophet Muhammad, he replied “Why did you not let him off, he might have repented, and Allah may have accepted it.”

Source: http://en.wikipedia.org/wiki/Zina_%28Arabic%29

There’s also another hadith but I can only remember the vague details which outline a situation in which an unmarried man and woman appeared obviously dishevelled and prob having had intercourse but as there were no witnesses so they were immediately married to each other without being punished..

In a lot of cases in Pakistan and other Muslim societies young couples are punished for simply ‘running away’ or being caught together.. There is actually no shariah punishment for foreplay, kissing or anything short of full penetration with witnesses and/or confession..

So sad I was reading about some young girl who had been stoned for ‘seeing a boyfriend’ and during her autopsy it was revealed she was still a virgin.. I guess this is the other reason the requirements about the witnesses and confession are so strict

'This is a common myth about Islamic criminal law. Rather, the four witness requirement applies only to the prescribed hadd punishment (which in the case of a married person could be death and for the non-married, 100 lashes). [Marghinani, Hidaya] This punishment is only applied in very rare cases, as is clear, and is meant to be a social deterrent, above all.’

---

Regarding rape, 4 witnesses are not required, DNA and medical tests can be used as evidence..

‘As the classical and contemporary jurists (such as Mufti Taqi Usmani) have made clear, a rapist can be convicted on lesser evidence (including scientific evidence, such as DNA tests and medical reports) for discretionary punishments. These discretionary punishments are left up to the legal system to determine.’

Source: http://qa.sunnipath.com/issue_view.asp?id=12121

'A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her.

If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”’
Source: http://www.islamonline.net/servlet/Satellite?cid=1119503548970&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE#ixzz1CwCs9tKz

[javedk]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@hanibal

If i recall it right, Stoning is for the person who commits adultery, and is was practiced by Jews as per their religious scripture.

Islam is crystal clear about it, it is Sura-e-Noor ( if i am right) where the punishment of the sin of Adultery is mentioned, it is said that the person should be flogged if he commit adultery while he is married... No where in Quran it is said to stone the person who commit such sin....

Yes there is one incident during the life of Prophet Mohammad (SAAW) where he ordered to stone a Jewish women ( if i recall it right) for adultery, the incident is like this that Jews knew that the women shall be stoned to death if processed by Jewish Shariah, so they came to Prophet (SAAW) because they knew Islam doesn't have such punishment, and Prophet (SAAW) ordered to stone her as per Jewish Laws...

I thought only Shahi Bukhari talks about adultery as a crime and recommends 100 lashes to the woman convicted of the same. Correct me if I am wrong. There is only mention of that in Hadees and not in Al-Quran. I am not sure. I might have to discuss an aalim in Pakistan. To people who are non-muslims, yes stoning can be brutal but it keeps a married woman pure and pious. Having extra-marital affair is really considered bad in all Abrahamic religion and the wife must be punished to set an example and prevent this heinous crime from happening.

[TLK]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@Captain1

Only for adulterer/adulteress when the crime is actually proven (not just accused), the punishment should be carried out only when government is in full conformance of Islamic rules. As of now government/laws are nowhere close to Islamic rulings so the punishment should not be Islamic either. There is a lot that has to change before carrying out justice as per Islamic rulings.

That is true.

There should be 4 adult eyewitnesses who saw the act (or confession of the adulterer/adulteress) and then it needs to be Islamic state with proper shariah law.

[Captain1]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

I thought only Shahi Bukhari talks about adultery as a crime and recommends 100 lashes to the woman convicted of the same. Correct me if I am wrong. There is only mention of that in Hadees and not in Al-Quran. I am not sure. I might have to discuss an aalim in Pakistan. To people who are non-muslims, yes stoning can be brutal but it keeps a married woman pure and pious. Having extra-marital affair is really considered bad in all Abrahamic religion **and the wife must be punished **to set an example and prevent this heinous crime from happening.

and the guy who she partnered with be paraded on a horse with garlands around his neck?

[mo293]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@Nisha25

....by the majority sometimes Pakistan seems to be a bizarre blend of archaic and modern so would stoning be seen as an appropriate way of punishing somebody accused of being an adulterer or adulteress or blasphemy or any other sinful crime?

Jesus put a stop to this practice and thats where Islam picked up from... Stoning has nothing to do with Christianity or Islam. Please read below.

**
The Christian answer to this question is found in the amazing and touching story narrated by the Apostle John. One day when Jesus Christ was teaching in the Temple, "the doctors of Law (Rabbis) and Pharisees brought in a woman caught committing adultery. Making her stand out in the middle they said to him, 'Master, this woman was caught in the very act of adultery. In the Law Moses has laid down that such women are to be stoned. What do you say about it?'...

"Jesus bent down and wrote with his finger on the ground. When they continued to press their question he sat up straight and said, 'That one of you who is faultless shall throw the first stone.' Then once again he bent down and wrote on the ground. When they heard what he said, one by one they went away, the eldest first; and Jesus was left alone, with the woman still standing there. Jesus again sat up and said to the woman, 'Where are they? Has no one condemned you? She answered, 'No, one sir.' Jesus said, 'Nor do I condemn you. You may go; do not sin again' " (John 8:1-11).

The holy Quran does not prescribe stoning as the punishment for adultery. There is not a single verse to this effect. The Holy Quran stipulates the punishment of "a hundred stripes" for the act of adultery, zina (24:2). If a particular sentence is prescribed in the Holy Quran a harsher one cannot be imposed. The holy Quran also requires the fulfilment of an almost impossible condition before conviction can result. Four eye- witnesses have to testify to sustain the charge (24:4).

And if those who accuse a woman and fail to "produce four witnesses", they are then to be flogged eighty times. If there are no witnesses and a husband accuses his wife of adultery he has to repeat his testimony and on the fifth invoke the "Curse of Allah" on himself if he is lying (24:6-7). The punishment is averted if the wife similarly swears (24:8-9). Therefore, the Holy Quran here places greater reliance on the testimony of a woman.

In none of the verses pertaining to adultery in the holy Quran the term stoning (rajama / rajim) is used. 'Rajim' means 'stoned', 'accursed' or 'damned' and is used as an epithet of Satan (3:36, 15:17, 16:98 Shaitan nir rajim, Satan the stoned or accursed). The verb which derives from rajim is rajama, and it means 'to stone', 'the act of stoning', 'a missile', 'something to stone with', 'guesswork', 'guessing' or 'stoned' (11:91, 18:20, 19:46, 36:18, 44:20, 18:22, 67:5 and 26:116). However, none of the verses refer to adultery. The Arabic word rajim / rajama is similar to the Hebrew word ragam, which means 'to collect or cast stones'.

How is it then that some Muslims followed the Jewish practice and prescribed stoning as the punishment for the sin of adultery? **

[Med911]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

Jesus put a stop to this practice and thats where Islam picked up from... Stoning has nothing to do with Christianity or Islam. Please read below.

** The Christian answer to this question is found in the amazing and touching story narrated by the Apostle John. One day when Jesus Christ was teaching in the Temple, "the doctors of Law (Rabbis) and Pharisees brought in a woman caught committing adultery. Making her stand out in the middle they said to him, 'Master, this woman was caught in the very act of adultery. In the Law Moses has laid down that such women are to be stoned. What do you say about it?'...

"Jesus bent down and wrote with his finger on the ground. When they continued to press their question he sat up straight and said, 'That one of you who is faultless shall throw the first stone.' Then once again he bent down and wrote on the ground. When they heard what he said, one by one they went away, the eldest first; and Jesus was left alone, with the woman still standing there. Jesus again sat up and said to the woman, 'Where are they? Has no one condemned you? She answered, 'No, one sir.' Jesus said, 'Nor do I condemn you. You may go; do not sin again' " (John 8:1-11).

The holy Quran does not prescribe stoning as the punishment for adultery. There is not a single verse to this effect. The Holy Quran stipulates the punishment of "a hundred stripes" for the act of adultery, zina (24:2). If a particular sentence is prescribed in the Holy Quran a harsher one cannot be imposed. The holy Quran also requires the fulfilment of an almost impossible condition before conviction can result. Four eye- witnesses have to testify to sustain the charge (24:4).

And if those who accuse a woman and fail to "produce four witnesses", they are then to be flogged eighty times. If there are no witnesses and a husband accuses his wife of adultery he has to repeat his testimony and on the fifth invoke the "Curse of Allah" on himself if he is lying (24:6-7). The punishment is averted if the wife similarly swears (24:8-9). Therefore, the Holy Quran here places greater reliance on the testimony of a woman.

In none of the verses pertaining to adultery in the holy Quran the term stoning (rajama / rajim) is used. 'Rajim' means 'stoned', 'accursed' or 'damned' and is used as an epithet of Satan (3:36, 15:17, 16:98 Shaitan nir rajim, Satan the stoned or accursed). The verb which derives from rajim is rajama, and it means 'to stone', 'the act of stoning', 'a missile', 'something to stone with', 'guesswork', 'guessing' or 'stoned' (11:91, 18:20, 19:46, 36:18, 44:20, 18:22, 67:5 and 26:116). However, none of the verses refer to adultery. The Arabic word rajim / rajama is similar to the Hebrew word ragam, which means 'to collect or cast stones'.

How is it then that some Muslims followed the Jewish practice and prescribed stoning as the punishment for the sin of adultery? **

Good Post...

[Zarvan_Ali]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

What you call jewish initial religion was Islam people changed it and HAZRAT MUHAMMAD SAW was the last prophet of Islam so many things can be common Hazrat MUHAMMAD SAW use the punishment of stoning

[yazdi]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

[note]I think the debate is more relevant for Religious frorum... therefore being moved to the appropriate forum.[/note]

[lethal_kamikaze]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

Peace!

a) Punishment according the Qur’an and Hadith
[INDENT]Sahih Bukhari Book Blood Money (Ad-Diyat)

Hadit No. 1

Narrated 'Abdullah: A man said, “O Allah’s Apostle! Which sin is the greatest in Allah’s Sight?” The Prophet said, "To set up a rival unto Allah though He Alone created you . " The man said, “What is next?” The Prophet said, “To kill your son lest he should share your food with you.” The man said, “What is next?” The Prophet said, “To commit illegal sexual intercourse with the wife of your neighbor.” So Allah revealed in confirmation of this narration:-- ‘And those who invoke not with Allah, any other god. Nor kill, such life as Allah has forbidden except for just cause nor commit illegal sexual intercourse. And whoever does this shall receive the punishment.’

Allah SWT Said: In Surah Al-Furqan verses 68

And those who do not invoke with Allah another deity or kill the soul which Allah has forbidden [to be killed], except by right, and do not commit unlawful sexual intercourse. And whoever should do that will meet a penalty.

**اور وہ جو خدا کے ساتھ کسی اور معبود کو نہیں پکارتے اور جن جاندار کو مار ڈالنا خدا نے حرام کیا ہے اس کو قتل نہیں کرتے مگر جائز طریق پر (یعنی شریعت کے مطابق) اور بدکاری نہیں کرتے۔ اور جو یہ کام کرے گا سخت گناہ میں مبتلا ہوگا **

Here three things are expressly condemned: (1) false worship, which is a crime against God, (2) the taking of life, which is a crime against our fellow-creatures, and (3) fornication, which is a crime against our self-respect, against ourselves.

In Sahih Bukhari - Book Prophetic Commentary on the Quran (Tafseer of the Prophet )
Hadit No. 417

Narrated 'Ubada bin As-Samit: While we were with the Prophet, he said, “Will you swear to me the pledge of allegiance that you will not worship any thing besides Allah, will not commit illegal sexual intercourse, and will not steal?” Then he recited the Verse concerning the women. (Sufyan, the subnarrator, often said that the Prophet: added, “Whoever among you fulfills his pledge, will receive his reward from Allah, and whoever commits any of those sins and receives the legal punishment (in this life), his punishment will be an expiation for that sin; and whoever commits any of those sins and Allah screens him, then it is up to Allah to punish or forgive them.”

Allah SWT! Said in Surat An-Nur verses 2:

The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah , if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment.

**بدکاری کرنے والی عورت اور بدکاری کرنے والا مرد (جب ان کی بدکاری ثابت ہوجائے تو) دونوں میں سے ہر ایک کو سو درے مارو۔ اور اگر تم خدا اور روز آخرت پر ایمان رکھتے ہو تو شرع خدا (کے حکم) میں تمہیں ان پر ہرگز ترس نہ آئے۔ اور چاہیئے کہ ان کی سزا کے وقت مسلمانوں کی ایک جماعت بھی موجود ہو **

“Zina” includes sexual intercourse between a man and a woman not married to each other. It therefore applies both to adultery (which implies that one or both of the parties are married to a person or persons other than the onces concerned) and to fornication, which, in its strict signification, implies that both parties are unmarried. The law of marriage and divorce is made easy in Islam, so that there may be the less temptation for intercourses outside the well-defined incidents of marriage. This makes for greater self-respect for both man and woman. Other sex offences are also punishable.

[/INDENT]b) Punishment for married according the Qur’an and Hadith:
[INDENT]**Sahih Bukhari - Book Witnesses - **

Hadit No. 837

**Narrated Ibn Abbas: Hilal bin Umaiya accused his wife before the Prophet of committing illegal sexual intercourse with Sharik bin Sahma.’ The Prophet said, “Produce a proof, or else you would get the legal punishment (by being lashed) on your back.” Hilal said, “O Allah’s Apostle! If anyone of us saw another man over his wife, would he go to search for a proof.” The Prophet went on saying, “Produce a proof or else you would get the legal punishment (by being lashed) on your back.” The Prophet then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24) **

Allah SWT Said in Surah Al Nur 6:

And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful.

**اور جو لوگ اپنی عورتوں پر بدکاری کی تہمت لگائیں اور خود ان کے سوا ان کے گواہ نہ ہوں تو ہر ایک کی شہادت یہ ہے کہ پہلے تو چار بار خدا کی قسم کھائے کہ بےشک وہ سچا ہے **

The case of married persons is different from that of outsiders. If one of them accuses the other of unchastity, the accusation partily reflects on the accuser as well. Moreover, the link which unites married people, eve where differences supervene, is sure to act as a steadying influence against the concoction of false charges of unchastity, particularly where divorce is allowed (as in Islam) for reasons other than unchastity. Suppose a husband catches a wife in adultery. In the nature of things four witnesses - or even on outside witness - would be impossible. Yet after such an experience it is against human nature that he can live a normal married life. The matter is then left to the honour of the two spouses. If the husband can solemnly swear four times to the fact, and in addition invoke a curse on himself if he lies, that is prima facis evidence of the wife’s guilt. But if the wife swears similarly four times and similarly invokes a curse on herself, she is in law acquitted of the guilt. If she does not take this step, the charges is held proved and the punishment follows. In either case the marriage is dissolved, as it is against human nature that the parties can live together happily after such an incident.

Allah SWT Said in Surah Al Nisa 15:

Those who commit unlawful sexual intercourse of your women - bring against them four [witnesses] from among you. And if they testify, confine the guilty women to houses until death takes them or Allah ordains for them [another] way.

**مسلمانو تمہاری عورتوں میں جو بدکاری کا ارتکاب کر بیٹھیں ان پر اپنے لوگوں میں سے چار شخصوں کی شہادت لو۔ اگر وہ (ان کی بدکاری کی)گواہی دیں تو ان عورتوں کو گھروں میں بند رکھو یہاں تک کہ موت ان کا کام تمام کردے یا خدا ان کے لئے کوئی اور سبیل (پیدا) کرے **

*To protect the honour of women, stricter evidence is required i.e., evidence of four instead of the usual two witnesses. It is the same for adultery. To keep them in prison until some definite order is received. Those who take the crime to be adultery or fornication construe this definite order (some other way) to mean some definite pronouncement by the Prophet under inspiration; this was the punishment of floggin under verses 2 of Surah Al Nur. If we understand the crime to be unnatural crime, we might presume, in the absence of any definite order (some other way) that the punishment would be similar to that for men in the next verse. That is itself indefinite, and perhaps intentionally so, as the crime is most shameful, and should be unknown in a well-regulated society. The maximum punishment would be of course be imprisoment for life. *
[/INDENT]C) Stoning to Death Punishment:
[INDENT]Sahih Bukhari - Book Virtues and Merits of the Prophet (pbuh) and his companions’

Hadit No. 829

**Narrated 'Abdullah bin 'Umar: The Jews came to Allah’s Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah’s Apostle said to them, “What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?” They replied, (But) we announce their crime and lash them." Abdullah bin Salam said, “You are telling a lie; Torah contains the order of Rajm.” They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. Abdullah bin Salam said to him, “Lift your hand.” When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. ('Abdullah bin 'Umar said, “I saw the man leaning over the woman to shelter her from the stones.” **

Sahih Bukhari - Book Punishment of Disbelievers at War with Allah and His Apostle

Hadit No. 821

**Narrated Abu Huraira and Zaid bin Khalid: A bedouin came to the Prophet while he (the Prophet) was sitting, and said, “O Allah’s Apostle! Give your verdict according to Allah’s Laws (in our case).” Then his opponent got up and said, “He has told the truth, O Allah’s Apostle! Decide his case according to Allah’s Laws. My son was a laborer working for this person, and he committed illegal sexual intercourse with his wife, and the people told me that my son should be stoned to death, but I offered one-hundred sheep and a slave girl as a ransom for him. Then I asked the religious learned people, and they told me that my son should be flogged with one-hundred stripes and be exiled for one year.” The Prophet said, “By Him in Whose Hand my soul is, I will judge you according to Allah’s Laws. The sheep and the slave girl will be returned to you and your son will be flogged one-hundred stripes and be exiled for one year. And you, O Unais! Go to the wife of this man (and if she confesses), stone her to death.” So Unais went in the morning and stoned her to death (after she had confessed). **

The most accepted collection of Hadith Sahih Bukhari has 4 entries under 3829, 8804, 8805 and 8824 which refer to stoning by death. The case under 4829 involved Jews who were stoned to death in accordance with the Law of the Torah. 8804 and 8824 overlap each other Here both the narrator acknowledges his ignorance of whether the stoning to death was carried out before or after the revelation of Quranic Verse 24-2.

[/INDENT]d) Story of Ma’iz Ibn Malik according to the various Hadith:
[INDENT]
Sunah Abu-dawd Book Prescribed Punishments (Kitab Al-Hudud)

Hadith No. 4405

**Narrated Nu’aym ibn Huzzal: Yazid ibn Nu’aym ibn Huzzal, on his father’s authority said: Ma’iz ibn Malik was an orphan under the protection of my father. He had illegal sexual intercourse with a slave-girl belonging to a clan. My father said to him: Go to the Apostle of Allah (peace_be_upon_him) and inform him of what you have done, for he may perhaps ask Allah for your forgiveness. His purpose in that was simply a hope that it might be a way of escape for him. So he went to him and said: Apostle of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (the Prophet) turned away from him, so he came back and said: Apostle of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. He (again) turned away from him, so he came back and said: Apostle of Allah! I have committed fornication, so inflict on me the punishment ordained by Allah. When he uttered it four times, the Apostle of Allah (peace_be_upon_him) said: You have said it four times. With whom did you commit it? He replied: With so and so. He asked: Did you lie down with her? He replied: Yes. He asked: Had your skin been in contact with hers? He replied. Yes. He asked: Did you have intercourse with her? He said: Yes. So he (the Prophet) gave orders that he should be stoned to death. He was then taken out to the Harrah, and while he was being stoned he felt the effect of the stones and could not bear it and fled. But Abdullah ibn Unays encountered him when those who had been stoning him could not catch up with him. He threw the bone of a camel’s foreleg at him, which hit him and killed him. They then went to the Prophet (peace_be_upon_him) and reported it to him. He said: Why did you not leave him alone. Perhaps he might have repented and been forgiven by Allah. **

Hadit No. 4406

**Narrated Jabir ibn Abdullah: Muhammad ibn Ishaq said: I mentioned the story of Ma’iz ibn Malik to Asim ibn Umar ibn Qatadah. He said to me: Hasan ibn Muhammad ibn Ali ibn AbuTalib said to me: Some men of the tribe of Aslam whom I do not blame and whom you like have transmitted to me the saying of the Apostle of Allah (peace_be_upon_him): Why did you not leave him alone? He said: But I did not understand this tradition. So I went to Jabir ibn Abdullah and said (to him): Some men of the tribe of Aslam narrate that the Apostle of Allah (peace_be_upon_him) said when they mentioned to him the anxiety of Ma’iz when the stones hurt him: "Why did you not leave him alone?’ But I do not know this tradition. He said: My cousin, I know this tradition more than the people. I was one of those who had stoned the man. When we came out with him, stoned him and he felt the effect of the stones, he cried: O people! return me to the Apostle of Allah (peace_be_upon_him). My people killed me and deceived me; they told me that the Apostle of Allah (peace_be_upon_him) would not kill me. We did not keep away from him till we killed him. When we returned to the Apostle of Allah (peace_be_upon_him) we informed him of it. He said: Why did you not leave him alone and bring him to me? and he said this so that the Apostle of Allah (peace_be_upon_him) might ascertain it from him. But he did not say this to abandon the prescribed punishment. He said: I then understood the intent of the tradition. **

Hadit No. 4407

**Narrated Abdullah ibn Abbas: Ma’iz ibn Malik came to the Prophet (peace_be_upon_him) and said that he had committed fornication and he (the Prophet) turned away from him. He repeated it many times, but he (the Prophet) turned away from him. He asked his people: Is he mad? They replied: There is no defect in him. He asked: Have you done it with her? He replied: Yes. so he ordered that he should be stoned to death. He was taken out and stoned to death, and he (the Prophet) did not pray over him. **

Sahih Mulsim The book pertaining to punishments prescribed by Islam (Kitab Al Hudud)

Hadith No. 4202

Abu Sa’id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allah’s Messenger (may peace be upon him) and said: I have committed immorality (adultery), so inflict punishment upon me. Allah’s Apostle (may peace be upon him) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma’iz) came back to Allah’s Apostle (may peace be upon him) and he commanded us to stone him. We took him to the Baqi’ al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the ston ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Holy Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.

[/INDENT]The Hadith is very clear but is silent on the question whether stoning to death was ordered by the Prophet before or after the revelation of the Verse 24-2.

rest Allah SWT! knw best

[Aceones]

Re: In Pakistan is Stoning Seen as an Appropriate form of Punishment?

@kaka_in_usa

i know, i only read sahih bukhari since it matters more than other peoples opinion. i dont agree with death sentence for adultery especially if it is biased one.

i agree, that was my first thought too. but still men has good chances of staying alive while women has been given no option but to die. Why not stonning to death for both or lashes for both. i think justice should be fair, just my two cents.

again, the difference of punishment is not between men and women, its the difference between a married and/or unmarried person involved in the act. and as for the last part, your or for that matter mine or anyone else' agreement to the punishment is not needed, the law is a law, no matter if you agree or not. its an order.