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Capital and corporal punishment in Islam


Capital punishment in Islam was traditionally regulated by Sharia, the religious law in Islam. Crimes which could result in capital punishment included murder. In the modern era most Muslim-majority countries adopted criminal legal codes based on European models. Legal forms of capital punishment vary among Islamic countries.

The Quran states,

The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter, Except for those who return repenting before you apprehend them. And know that Allah is Forgiving and Merciful.

However, there is no Quranic verse supporting the method of stoning in Islam. The roots of this method of execution are to be explored in pre-Islamic religions, especially in Judaism and Torah, in which stoning is a frequent method of execution. <> <http://www.cjcj.org/uploads/cjcj/documents/comparative_study_0.pdf> That said, capital punishment by stoning for zina (extramarital sex) is prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in Kitab Al-Hudud.

'Narrated Ash Shaibani: I asked 'Abdullah bin Abi Aufa, 'Did Allah's Apostle carry out the Rajam penalty (i.e., stoning to death)?' He said, "Yes." I said, "Before the revelation of Surat-ar-Nur or after it?" He replied, "I don't Know".

'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

Allah's Messenger awarded the punishment of stoning to death to the married adulterer and adulteress and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people may forget it and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession.


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