⚖️ Lapidation: The Controversial Practice of Stoning in Islamic Jurisprudence

Delve into the definition, etymology, historical context, cultural perspectives, and theological implications of lapidation, commonly known as stoning, in Islamic law.

⚖️ Lapidation: The Controversial Practice of Stoning in Islamic Jurisprudence

Definition

Lapidation, also known as stoning, is a form of capital punishment wherein a group of people throw stones at an individual until that person is dead. In Islamic jurisprudence, it is primarily prescribed for specific types of extreme moral crimes, such as adultery (zina).

Etymology

The word “lapidation” originates from the Latin word “lapidatio,” from “lapidare” which means “to stone.” This etymology reflects the practice of using stones as the primary means to execute the punishment.

Background and Historical Context

Stoning as a form of punishment has ancient roots and can be found in many cultures and religious traditions, including Judaic law and early Christian scriptures. In Islamic tradition, its legitimacy and application derive mainly from Hadiths (sayings and actions of Prophet Muhammad) and are part of the Hudud (fixed punishments) prescribed by Sharia (Islamic law).

Qur’an: While the Qur’an prescribes flogging for adultery (24:2), certain Hadiths provide context for stoning, particularly cases where adultery involves married individuals. Several stories and traditions within Hadith literature detail instances in which the Prophet Muhammad sanctioned stoning, indicating its acceptance under certain stringent conditions.

Cultural Differences and Similarities

The application and acceptance of stoning vary widely across Islamic societies and throughout history. Some Muslim-majority countries enforce this punishment, while others have abolished it entirely. Here’s a comparative outlook:

  • Middle East and North Africa: In countries such as Iran and Saudi Arabia, stoning has been practiced but increasingly faces international and domestic opposition.
  • South Asia: In countries like Pakistan, although stoning is legislated under Hudood Ordinances, it is rarely implemented.
  • Sub-Saharan Africa: Nations such as Sudan and northern Nigeria have seen calls for and instances of stoning, often leading to global human rights debates.

Interestingly, non-Muslim societies also historically practiced stoning but have largely moved away from it in contemporary times.

Synonyms

  • Execution by stoning
  • Stone pelting (in a penal context)

Antonyms

  • Liberation
  • Acquittal
  • Reprieve
  • Hudud: Fixed punishments prescribed by Islamic law for certain crimes.
  • Adultery (Zina): Illicit sexual relations, which can warrant severe penalties in Islamic jurisprudence.
  • Flogging: A form of corporal punishment involving the whipping of the accused, often prescribed for less severe breaches of Sharia.

Exciting Facts

  • Stoning is rarely mentioned in the Qur’an and derives primarily from Hadith.
  • Pudency and strict evidential requirements (often four witnesses of the act) make its legitimate application remarkably stringent and complex.

Quotations

  1. “Whoever has not sinned should throw the first stone.” - A famous biblical reference underscoring the perilous nature of a judgment-feared practice like stoning.
  2. “The application of justice does not necessitate barbarity. True justice coexists with compassion.” - A cautionary note often underscored by contemporary Islamic scholars opposing stoning.

References & Suggested Literature

  • “Sharia: Theory, Practice & Transformations” by Wael B. Hallaq
  • “Women and Islam: Social Conditions, Obstacles and Prospects” by Haideh Moghissi
  • “Islamic Legal Thought: A Compendium of Muslim Jurists” by Oussama Arabi, David S. Powers, and Sari Nusseibeh

Quizzes

### Which term refers to stoning as a form of punishment in Islamic law? - [x] Lapidation - [ ] Hudud - [ ] Flogging - [ ] Reprieve > **Explanation:** Lapidation is the practice of stoning, while Hudud refers to fixed punishments which can include stoning. Flogging and reprieve are forms of corporal punishment and legal reprieve, respectively. ### T/F: The Qur'an explicitly prescribes stoning as a punishment for adultery. - [ ] True - [x] False > **Explanation:** The Qur'an prescribes flogging for adultery, and stoning is specifically referenced within the Hadith literature. ### Which requirement makes the application of stoning stringent in Islamic jurisprudence? - [x] Need for four witnesses - [ ] Evidence from a single source - [ ] Blood money acceptance - [ ] One's admission of guilt > **Explanation:** Islamic law requires the testimony of four witnesses to the act of adultery, making the application of stoning highly stringent.

Thank you for joining this deep dive into the complex and thought-provoking topic of lapidation in Islamic jurisprudence. Continue your journey of understanding with open-mindedness and compassion.

-– By: Hassan Al-Rashid
[2023]

-–

Sunday, June 16, 2024

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