⚖️ Rajm (رجم‎): The Controversy and Context of Stoning to Death in Islamic Law

Dive deep into the controversial and contextually rich practice of Rajm, or stoning to death, exploring its origins, interpretations, and contemporary relevance in Islamic jurisprudence. Uncover the multifaceted debate surrounding this punishment in historical, cultural, and theological perspectives.

Rajm (رجم‎): Stoning to Death in Islamic Law

Comprehensive Definition

Rajm (رجم), or stoning to death, is a severe form of capital punishment prescribed in traditional Islamic law for certain offenses, particularly adultery. This legal injunction is derived primarily from Hadith (Prophetic traditions) rather than the Qur’an, which prescribes flogging as the punishment for adultery (Qur’an 24:2).

Etymology and Background

The term “Rajm” originates from the Arabic root r-j-m, which means “to stone” or “to pelt with stones.” While the Qur’an itself doesn’t explicitly mention stoning for adultery, traditions (Hadith) recount numerous instances where Prophet Muhammad prescribed this punishment.

Scriptural Foundations and Traditional Context

The foundational support for Rajm comes from the Hadiths, which convey narratives where Muhammad enforced this punishment. For instance, according to Mishkāt al-Masābīh, Book XV, Chapter 1, a Jewish man and woman were stoned to death, reflecting a shared Abrahamic legal tradition.

The comparison with other religious laws is notable; under Jewish law, idolaters and false witnesses were also subject to stoning. The narrative illustrates the Judeo-Islamic synthesis in legal matters, especially in historically tribal and semi-nomadic societies.

Cultural Differences and Contemporary Relevance

While historically enforced, the practice of Rajm has become nearly obsolete in many parts of the Muslim world due to evolving legal interpretations and human rights discourses. Countries such as Saudi Arabia, Iran, and Somalia have reported controversial cases of stoning in recent times, igniting global debates on human rights and Islamic jurisprudence.

Synonyms and Antonyms

Synonyms:

  • Lapidation

Antonyms:

  • Forgiving
  • Merciful
  • Amnesty

Related Terms:

  • Hudud (حدود): Refers to the fixed punishments in Sharia law, of which Rajm is considered one
  • Zina (زنا): The term for adultery or unlawful sexual relations in Islamic law
  • Ta’zir (تعزير): Discretionary punishment, as opposed to fixed punishments like Rajm

Exciting Facts

  1. Historical Abrogation: Certain scholars argue that the initial prescribed punishment of 100 lashes for adulterers was abrogated by the subsequent practice of Rajm.
  2. Non-Quranic Origins: The Quran explicitly prescribes flogging (Qur’an 24:2) but not stoning, stirring debates about the legitimacy and derivation of Rajm purely from Hadith.
  3. Socio-Legal Reflections: The tradition of stoning reflects ancient Near Eastern legal norms common to various religions, showcasing a shared cultural heritage.

Notable Quotations

  1. ʿAbdu ʾl-Ḥaqq: “The hundred lashes, in addition to the stoning, is abrogated by the express example of the Prophet, who ordered stoning only.”
  2. Al-Hidāyah (Vol. II pg. 9): “It is necessary, when a whoremonger is to be stoned to death, that he should be carried to some barren place void of houses or cultivation…”

References and Suggested Literature

  • Books:
    • “Sharia Law: An Introduction” by Mohammad Hashim Kamali
    • “The Origin of Islamic Jurisprudence” by Harald Motzki
    • “Islam and the Black American: Looking Toward the Third Resurrection” by Sherman Abdul Hakim Jackson
  • Art and Literature:
    • “The Law of Punishment for Adultery” in Mishkāt al-Masābīh
    • Sayings and examples drawn from “Al-Hidāyah” by Burhan al-Din al-Marghinani
  • Articles and Journals:
    • Journal of Islamic Studies on the implications of Rajm in modern legal systems
    • Articles from the International Review of Law, discussing the human rights angles of Rajm

Quiz Section

### What is Rajm (رجم‎) primarily known as? - [x] Stoning to death - [ ] Flogging - [ ] Exile - [ ] Imprisonment > **Explanation:** Rajm is most widely recognized as the act of stoning to death, especially for the crime of adultery. ### Which source is NOT part of the justification for Rajm? - [ ] The Qur'an - [x] The Hadith - [ ] Mishkāt al-Masābīh - [ ] Al-Hidāyah > **Explanation:** While commonly attributed to Islamic law, the Qur'an itself does not mention Rajm. Instead, this practice is derived mostly from Hadith literature. ### True or False: The punishment for adultery in the Qur'an is 100 lashes. - [x] True - [ ] False > **Explanation:** The Qur'an (24:2) prescribes 100 lashes as the punishment for adultery, not stoning. ### In the example of Rajm provided, which other religious law also prescribed stoning? - [x] Jewish law - [ ] Hindu law - [ ] Buddhist law - [ ] Christian law > **Explanation:** Jewish law also prescribed stoning for various offenses, highlighting a shared Abrahamic legal tradition. ### Who, in practice, should commence the act of stoning during Rajm? - [x] The witnesses - [ ] The Imām - [ ] The family members - [ ] The community leader > **Explanation:** Islamic instructions, particularly from Al-Hidāyah, state that the witnesses should begin the act of stoning, reinforcing the weight of their testimony.

Farewell: Understanding the complexities of historical practices like Rajm offers an illuminating lens through which to view the growth and scope of Islamic jurisprudence. We hope this exploration inspires a deeper appreciation of diverse legal traditions and invokes a quest for more comprehensive knowledge.

Dr. Leila Hassan | October 20, 2023

Sunday, June 16, 2024

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