Originally posted by ahosyney
I think you know that there are two sources for Islamic Laws: Quran and Hadith. Hadith is simply what the prophet Mohammed did or say. As you said in Quran it is 100 striks but it was narated that prophet Mohammed did punish a man and a women who admit adultery by death.
So as I said if they accused person didn't marry before the punishment is 100 strik ...[text shortened]... ough you may not be accused for it but you repentance will be incomplete. But GOD may accept it
Abu Yusuf [d. 183] records in
al-Radd ‘ala Siyar al-Awza‘i:
The Prophet said: The hadith about me will spread. So what comes to you about me and is in agreement with the Qur`an is from me and what comes to you about me and is in conflict with the Qur’an is not from me.
Shafi‘i in his
al-Risalah records the following hadith:
The Prophet said: After my death you will split up on the basis of different opinions. When something reaches you which is attributed to me, compare it with the Qur’an; when it corresponds with the Book, it is from me; that which is at variance with it is not from me.
Abu Yusuf [d. 183] accepted this hadith as authentic but Shafi‘i [d. 204] rejected it, calling it weak.
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Here is a detailed article (goes to 5 pages) examining and rejecting the hadith supporting
al rajm—and
rajm itself:
http://www.islamicperspectives.com/Stoning1.htm
The author’s conclusion, after extended analysis, is—
We thus see that the above traditions are fabrications, in which some supporters of al-rajm have tried to solve the difficulties raised by their belief in al-rajm. Each time they solved one difficulty by their stories, they created some more, which they then tried to solve by still more stories. May God guard us against the misleading power of the fabricators and those who too readily accept their concoctions.
In Part I we saw that if we start by accepting rajm as truly an Islamic punishment for adultery prescribed by God and his Messenger, then there is no reasonable explanation of why the Qur`an prescribes 100 lashes for zina` without ever mentioning rajm. Most supporters of rajm say that the Qur`anic penalty is for the unmarried person and rajm is for the married one. But as we saw in Chapter 1 there is incontrovertible evidence that the Qur`an covers both cases when it talks about zina` and its punishment. Moreover, this view does not offer a reasonable explanation of why the Qur`an left out the more important married case. This leads to the conclusion that there is real conflict between the penalty of rajm and the Qur`an. Recognizing this, some supporters of rajm have resorted to other explanations – that the Qur`an was abrogated by the ahadith about rajm or that the Qur`an did prescribe the penalty but the relevant verse was removed or got lost. But these explanations were seen to be no more tenable than the one that limits the Qur`anic penalty of 100 lashes to the unmarried case.
The reason that a vast majority of Muslims came to accept rajm is that they accepted the authenticity of ahadith that talk about it. But in view of the fact that the penalty of rajm is in conflict with the Qur`an or is at least problematic in the light of the Qur`an, the authenticity of the ahadith about rajm comes under serious suspicion. This requires that at the very least we should carefully examine these ahadith for their authenticity before accepting them, if not to reject them outright because of their contradiction with the Qur`an. But such an examination has not been done by the supporters of rajm. They are simply content to make a general appeal to the argument that rajm is prescribed or assumed in a large number of ahadith found in many Hadith collections with varied asanid and that therefore these ahadith are authentic.
When we have a large number of reports repeating a theme, we need to look at each report separately. The reliability of the whole group of reports is no greater than that of the most reliable of the individual reports. Consequently, if we do not find any one tradition that can be confidently declared as reliable, the whole group cannot be declared reliable. Moreover, in case of ahadith about rajm we need to use the strictest possible standards of reliability, since, as noted several times earlier, there are strong objections to their reliability on the basis of the Qur`an and since accepting them means taking a human life by a very painful method.
The following are less extended comments I found on other sites:
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Criteria for the Evaluation of Matn
1. The text should have been stated in plain and simple language.
2. A text in non-Arabic or couched in indecent language was rejected.
3. A text prescribing heavy punishment for minor sins or exceptionally large reward for small virtues was rejected.
4. A text which referred to actions that should have been commonly known and practiced by others but were not known and practiced was rejected.
5. A text contrary to the basic teachings of the Qur'an was rejected.
6. A text contrary to other ahadith was rejected.
7. A text contrary to basic reason, logic and the known principles of human society was rejected.
8. A text inconsistent with historical facts was rejected.
9. Extreme care was taken to ensure the text was the original narration of the Prophet and not the sense of what the narrator heard. The meaning of the hadith was accepted only when the narrator was well known for his piety and integrity of character.
10. A text derogatory to the Prophet, members of his family or his companions was rejected.
11. A text by an obscure narrator which was not known during the age of sahabah [the Prophet's companions] or the tabi'een [those who inherited the knowledge of the sahabah] was rejected.
—http://www.rim.org/muslim/hadith.htm
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Bukhari (Vol.8. Hadith No. 809): “Narrated Ibn Umar (RA): A Jew and a Jewess were brought to Allah’s Apostle (S) on a charge of committing illegal sexual intercourse. The Prophet asked them: ‘What is the legal punishment (for this sin) in your Book (Torah)?’ They replied: ‘Our priests have innovated the blackening of faces with charcoal and Tajbiya’ (being mounted on a donkey, with their faces in opposite directions, then mortified in public). Abdullah bin Salaam said: ‘0 Allah’s Apostle, tell them to bring the Torah.’ The Torah was brought, and then one of the Jews put his hand over the Divine Verse of the Rajm (stoning to death) and started reading what preceded and what followed it. On that, Ibn Salaam said to the Jew: ‘Lift up your hand.’ The Divine Verse of the Rajm was under his hand. So Allah’s Apostle (S) ordered that the two (sinners) be stoned to death, and so they were stoned.”
Abu Hurairah’s (RA) version in Sunan Abu Dawood: The Prophet (S) had already received the Divine Verse on punishment for adultery
“Narrated Abu Hurairah (This is Ma’mar’s version, which is more accurate): A man and a woman of the Jews committed fornication. Some of them said to the others: Let us go to the Prophet, FOR HE HAS BEEN SENT WITH AN EASY LAW. If he gives a judgment lighter than stoning, we shall accept it and argue about it with Allah, saying: IT IS A JUDGMENT OF ONE OF YOUR PROPHETS .. (the story continues). So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.
“Az-Zuhri said: We have been informed that this verse has been revealed about them. ‘Verily. We did send down the Torah (to Moses), therein was guidance and light, by which the Prophets who submitted themselves to Allah’s Will, judged the Jews’.” (5:44) …. (Hadith 2093)
Tafseer-e-Usmani has yet another point of view: (Commentary on Surah An-Noor, Verse 2): “.... and his punishment is stoning, as given in Surah Maidah (Verse 43) with the reference of the Taurat: “How do they come to thee (0 Muhammad) for a Judgment while with them is the Taurat - it is the Decision of Allah.”
What a contradiction of Shabbeer Ahmad Usmani’s point of view, according to which the Prophet (S) had derived the law of stoning to death from the Taurat! ... and here we have Ibn Katheer contending that there WAS already a Rajm verse in existence but the Holy Prophet (S) REFUSED TO WRITE IT DOWN. WHY did the Nabi (S) refuse to write the verse down? Let the “maulanas” answer this question!
Conclusion:
(1) The Jews came to the Holy Prophet (S) because they were aware that HE HAS BEENSENT WITH AN EASY LAW, that is, 100 lashes for adultery, instead of their own (Jewish) law of stoning to death.
(2) Moulvi Shabbeer Ahmad Usmani contends that the Holy Prophet (S) derived this law of stoning to death from the Taurat, and that he even thanked Allah for the fact that he could revive a dead law.
(3) Ibn Katheer and Nasai tell us that the Prophet (S) REFUSED to write down an existing Divine verse about Rajm.
(4) Umar Ibn Khattaab (RA) and Ibn Abbas (RA) inform us that the Rajm verse was lost ~ abrogated. They are not sure on this point.
(5) Allamah Al-Suyuti, the eminent classical Mufassir, has this to say: “The Book (Qur’an) is before everybody and there is NO reference to Rajm in it whatsoever.”
After a thorough examination of all the Ahadith on the subject of stoning to death, he came to this conclusion: “The assertion that a verse about Rajm was revealed, is based on Ahadith that are AHAAD (isolated), and these CANNOT supersede the Quranic injunction (of 100 lashes) or cast doubt on its purity.” (Al-Suyuti. ITQAAN FEE ULOOM AL-QURAN. Vol. 2,P. 26)
—from ahttp://www.irfi.org/articles/articles_51_100/stoning_for_adultery.htm
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“Shariah” is defined as ‘a body of doctrines that regulate the lives of those who profess Islam”. The doctrines are derived, inter alia, from two principal sources: the dictates of the Divine Being as enunciated in the Holy Quran, and the exemplary life of the Holy Prophet of Islam (S), referred to as the “Sunnah”.
Stoning to death has been emphasized time and again as the “Shariah” law. It most certainly is NOT! The punishment prescribed by the Shariah of the Quran is ONE HUNDRED LASHES each to the adulterer and the adulteress, in public. (24:2)
Continued...