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Stoning in Islam
Stoning in Islam
Stoning in Islam
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Islamic miniature depicting Meccan Mobs led by Abu Lahab trying to stone Muhammad and Abu Bakr at the Souk of Okaz

In Islam, stoning (Arabic: رجم, romanized: Rajm)[1][2] is the Hudud punishment wherein an organized group throws stones at a convicted individual until that person dies. Under some versions of Islamic law (Sharia), it is the prescribed punishment in cases of adultery committed by a married person which requires either a confession from either the adulterer or adulteress, or producing four witnesses of sexual penetration.[3][4][5][6][7][8]

The punishment of stoning as a capital punishment for adultery is unique in Islamic law in that it conflicts with the Qur'anic prescription for premarital and extramarital sex (zina)[9][1] found in Surah An-Nur, 2: "The woman and the man guilty of adultery or fornication - flog each of them with a hundred stripes".[10] For this reason some minority Muslim sects such as the former Kharijites, and Islamic modernists such as the Quranists disagree with the legality of stoning.

However, stoning is mentioned in multiple hadiths[11] (reports claiming to quote what Muhammad said verbatim on various matters, which most Muslims and Islamic scholars consider an authoritative source second only to Quran as a source of religious law and rulings),[12][13] and therefore most schools of Islamic jurisprudence accept it as a prescribed punishment for adultery.[1] The punishment has been rarely applied in the history of Islam owing to the very strict evidential requirements stipulated by Islamic law.[1]

Practice

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Legal imposition of the stoning punishment was very rare in Islamic history. During the 623-year history of the Ottoman Empire, for which there are voluminous court records, there is only one recorded example of a judge sentencing a convict to death by stoning, and the ruling contravened Islamic law on at least two grounds (sufficient evidence was not produced, and a Jewish man was sentenced to death despite the law stating clearly that the death penalty for illegal sex should only be applied to Muslims).[14] No sentences of stoning have been recorded in Syria during Muslim rule.[15] In Ottoman Istanbul, there was only one instance of stoning ever took place, according to Ottoman records.[16] Muslim jurists used a number of techniques to avoid application of the stoning penalty. They interpreted the evidentiary requirements so strictly that it was effectively impossible to prove the offense. They actively encouraged witnesses to withhold testimony, and argued that it was morally better to do so. They defined the offense narrowly to exclude many types of sexual activity. And they developed the legal concept of shubha (doubt), which held that when an illegal sexual act resembled legal sex in some way, the stoning penalty should not be applied.[17] Techniques used to argue that the pregnancy of a single woman should not be considered evidence of zināʿ included fantastic presumptions about the length of the human gestation period. Classical Hanafite jurists ruled that it could last for up to two years, Shafi'ites four, and Malikites as long as five years.[18]

According to journalist Max Rodenbeck,

In almost all cases where it has been applied in recent years, stoning has taken place in tribal or rebel areas beyond the control of central governments—the Taliban in Afghanistan, ISIS in Iraq, and Boko Haram in Nigeria being cases in point. Out of the world’s forty-nine Muslim-majority states, six retain the punishment in deference to Islamic legal tradition, ... Of these countries only Iran, which officially placed a moratorium on stoning in 2002 but still gives leeway to individual judges, has actually carried it out.[19]

Saudi Arabia sentenced four people by stoning between the 1980 and 1992.[20] As of 2005, stoning punishments have been considered or handed down in Nigeria and Somalia for the crimes of adultery and sodomy (homosexuality).[21][22] Since the Sharia legal system was introduced in northern Nigeria in 2000, more than a dozen Muslims have been sentenced to death by stoning.[23][24][25] In one case, an appellate court in the state of Sokoto overturned a stoning sentence on the basis that divorced defendant might not have conceived her child in zina (fornication) because she may have been carrying her baby for as long as five years.[18] Another Nigerian state court of appeal assessed the upper limit of gestation at seven years.[18]

In Pakistan "more than three decades of official Islamization have so far failed to produce a single actual stoning..."[26] Iran officially placed a moratorium on stoning in 2002 but still gives leeway to individual judges to sentence stoning.[19] Sentences of stoning have generated heavy backlash by human rights groups,[27][28] which considers stoning a form of execution by torture.[29]

From July 2014 to February 2015, at least 16 people of whom nine were executed (not all by rajm) by Islamic State of Iraq and the Levant (ISIL) in Syria for the crimes of adultery or homosexuality, according to the Syrian Observatory for Human Rights.[30]

Scriptural basis

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Quran

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Stoning is not mentioned as a form of capital punishment in the canonical text of the Quran.[31]

Hadith

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Numerous Sahih hadiths describe stoning. According to Sunni scholars, sahih hadiths are reliable. The early Islamic text Musannaf of Abd al-Razzaq, in the chapter on Rajm, lists 70 hadith reports of stoning linked to Muhammad, and 100 to his companions and other authorities.[32]

The Stoning of an Adulteress, illustration to a manuscript of 1001 Nights by Abu'l Hasan Ghaffari or his atelier. Tehran, 1853–1857.

The hadith Sahih Bukhari, the book most trusted after Quran by most Muslims, has several sunnah regarding stoning. For example,[33]

Narrated Ibn 'Abbas: 'Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." 'Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him."

— Sahih al-Bukhari, 8:82:816 see also Sahih Muslim, 17:4194

Narrated Abu Huraira: A man from Bani Aslam came to Allah's Apostle while he was in the mosque and called (the Prophet) saying, "O Allah's Apostle! I have committed illegal sexual intercourse." On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet called him and said, "Are you insane?" He replied, "No." The Prophet then said (to his companions), "Go and stone him to death." The man was a married one. Jabir bin 'Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla ('Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.

— Sahih al-Bukhari, 7:63:196

See also other hadiths from Sahih Bukhari: Sahih al-Bukhari, 2:23:413 Sahih al-Bukhari, 3:34:421 Sahih al-Bukhari, 3:49:860 Sahih al-Bukhari, 3:50:885 Sahih al-Bukhari, 4:56:829 Sahih al-Bukhari, 6:60:79 Sahih al-Bukhari, 7:63:195.

Narrated Ash Shaibani:

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

Bukhari Book 86 hadith 42.

Sahih Muslim Book 17 has several hadith regarding Stoning specifically (17:4191-4209, and 17:4914). For example,

Abu Huraira reported that a person from amongst the Muslims came to Allah's Messenger while he was in the mosque. He called him saying: Allah's Messenger. I have committed adultery. He (the Holy Prophet) turned away from him, He (again) came round facing him and said to him: Allah's Messenger, I have committed adultery. He (the Holy Prophet) turned away until he did that four times, and as he testified four times against his own self, Allah's Messenger called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allah's Messenger said: Take him and stone him. Ibn Shihab (one of the narrators) said: One who had heard Jabir b. 'Abdullah saying this informed me thus: I was one of those who stoned him. We stoned him at the place of prayer (either that of 'Id or a funeral). When the stones hurt him, he ran away. We caught him in the Harra and stoned him (to death). This hadith has been narrated through another chain of transmitters.

— Sahih Muslim, 17:4196

See also other hadiths from the Sahih Muslim book: Sahih Muslim, 17:4191, 17:4198, 17:4199.

Other hadiths also mention stoning as the punishment for adultery.

Narrated Jabir ibn Abdullah: A man committed fornication with a woman. So the Apostle of Allah ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.

— Sunan Abu Dawood, 38:4424

See also other hadiths from the Abu Dawud book: Sunan Abu Dawood, 38:4421, 38:4426, 38:4429, 38:4433.

In jurisprudence (fiqh)

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Rajm, sometimes spelled as Rajam, has been extensively discussed in the texts of early, medieval and modern era Islamic jurisprudence (fiqhs).[4]

Persons who accuse a woman of adultery but are not able to bring four witnesses—a crime known as Qadhf, القذف[34]—are liable to a punishment of 80 lashes and to be unacceptable as witnesses unless they repent and reform. The testimony of a man who accuses his own spouse without any other witnesses may be accepted if they swear by God four times that they are telling the truth with a fifth oath to incur God's condemnation if they be lying. In this case, if his spouse counterswears, no punishment will be enforced.[35][non-primary source needed]

One of the widely followed Islamic legal commentaries, Al-Muwatta by Malik ibn Anas, state that contested pregnancy is sufficient proof of adultery and the woman must be stoned to death.[3][36]

Hanafi

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Hanafi jurists have held that the accused must be a muhsan at the time of religiously disallowed sex to be punished by Rajm (stoning).[37] A Muhsan is an adult, free, Muslim who has previously enjoyed legitimate sexual relations in matrimony, regardless of whether the marriage still exists.[3] In other words, stoning does not apply to someone who was never married in his or her life (only lashing in public is the mandatory punishment in such cases).[37]

For evidence, Hanafi fiqh accepts the following: self-confession, or testimony of four male witnesses (female witnesses are not acceptable).[37] Hanafi Islamic law literature specifies two types of stoning.[37] One, when the punishment is based on bayyina, or concrete evidence (four male witnesses). In this case the person is bound, a pit dug, the bound person placed and partially buried inside the pit so that he or she may not escape, thereafter the public stoning punishment is executed.[37] A woman sentenced to stoning must be partially buried up to her chest.[38] The first stones are thrown by the witnesses and the accuser, thereafter the Muslim community present, stated Abū Ḥanīfa and other Hanafi scholars.[37] In second type of stoning, when the punishment is based on self-confession, the stoning is to be performed without digging a pit or partially burying the person. In this case, the qadi (judge) should throw the first stone before other Muslims join in. Further, if the person flees, the person is allowed to leave.[37]

Hanafi scholars specify the stone size to be used for stoning, to be the size of one's hand. It should not be too large to cause death too quickly, nor too small to extend only pain.[37]

Hanafites have traditionally held that the witnesses should throw the first stones in case the conviction was brought about by witnesses, and the qadi must throw the first stones in case the conviction was brought about by a confession.[2]

Shafi'i

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The Shafii school literature has the same Islamic law analysis as the Hanafi. However, it recommends, that the first stone be thrown by the Imam or his deputy in all cases, followed by the Muslim community witnessing the stoning punishment.[38]

Hanbali

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Hanbali jurist Ibn Qudama states, "Muslim jurists are unanimous on the fact that stoning to death is a specified punishment for the married adulterer and adulteress. The punishment is recorded in number of traditions and the practice of Muhammad stands as an authentic source supporting it. This is the view held by all Companions, Successors and other Muslim scholars with the exception of Kharijites."[39]

Hanbali Islamic law sentences all forms of consensual but religiously illegal sex as punishable with stoning. However, Hanbali scholars insist that homosexuality among men must be punished by beheading, instead of stoning as recommended by the Maliki madhab of Islam.[40]

Maliki

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Maliki school of jurisprudence (fiqh) holds that stoning is the required punishment for illegal sex by a married or widowed person, as well as for any form of homosexual relations among men.[13] Malik ibn Anas, founded of Maliki fiqh, considered pregnancy in an unmarried woman as a conclusive proof of zina. He also stated that contested pregnancy is also sufficient proof of adultery and any Muslim woman who is pregnant by a man who she is not married to, at the time of getting pregnant, must be stoned to death.[3][36] Later Maliki Muslim scholars admitted the concept of "sleeping embryo", where a divorced woman could escape the stoning punishment, if she remained unmarried and became pregnant anytime within five years of her divorce, and it was assumed that she was impregnated by her previous husband but the embryo remained dormant for five years.[41]

Others

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All Sunni schools of fiqh, as well as Volume 7 of the Shi'ite hadith, The Book of Legal Penalties in Kitab al-Kafi, declare stoning as the required punishment for sex that is not allowed under Sharia.[42]

In contrast to Sunni schools, Shia fiqh, in Rajm cases, allows some of the witnesses to be women but considers the witness of a woman as half as valid as a man's. Thus, before an accused is sentenced to stoning in the Shia system, the witnesses may be four men, three men and two women, two men and four women, one man and six women, but witnesses must include at least one man.[13] Furthermore, Shi'i jurists grant discretionary powers to the judge in cases of homosexuality, to sentence the accused to death by sword, stoning, death by throwing from a high wall, or burning the accused to death.[13]

Views

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There is disagreement among modern Islamic thinkers as to the applicability of stoning for adultery. While religious texts often give examples both with and without stoning, the Quran does not prescribe stoning as a punishment for any crime, mentioning only lashing as punishment for adultery. However most[1] scholars maintain that there is sufficient evidence from hadiths to derive a ruling. The vast majority of Muslims consider hadiths, which describe the words, conduct and example set by Muhammad during his life, as a source of law and religious authority second only to the Quran. They consider sahih hadiths to be a valid source of Sharia, justifying their belief on Quranic verse 33.21,[43] and other verses.[44][45][46]

The reliability of Hadith is disputed by Quranist Muslims who reject all hadith, and as a consequence the stoning punishment as well.

Enayatullah Asad Subhani argues that stoning is not the punishment of the fornication, as generally been understood, and it is not among the Hudood either.[47] His book Haqiqat-i Rajm was widely criticized by the ulama as he had tried to clear doubts against the punishments prescribed by Islam for different crimes.[48] The Islamic modernist Javed Ahmad Ghamidi postulates that Quranic verses prescribe stoning only for those who habitually commit fornication as prostitutes do, which then constitute "mischief in the land" that is punishable by death according to Quranic verses 5:33-34.[49] This view is not popular and does not enjoy acceptance by most ulema.

See also

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References

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Sources

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Stoning in Islam

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Stoning in Islam, or rajm, constitutes a punishment in classical law for (zina) committed by a married person (muhsan), entailing the throwing of stones at the convicted individual until death. This penalty applies specifically to extramarital by those previously married and consummated, distinguishing it from by unmarried persons, which incurs 100 lashes as stipulated in the (24:2). Unlike the Quranic prescription of flogging for zina generally, derives primarily from prophetic narrating instances where ordered its execution, such as in where he and his companions applied it post-revelation. The evidentiary threshold for stoning demands either four upright witnesses to the act of penetration or the accused's voluntary repeated four times without duress, a standard rooted in and upheld across major Sunni schools of including Hanafi, Maliki, Shafi'i, and Hanbali. Some traditions reference a lost "verse of " allegedly revealed but omitted from the final compilation—possibly abrogated in recitation while retaining legal force—though its authenticity remains contested among scholars, with critics arguing incorporation reflects pre-Islamic or Jewish influences rather than unequivocal divine mandate. In Shia , similarly holds as consensus-derived , emphasizing as proof for married women absent witnesses. Despite stringent proofs rendering convictions rare in theory, stoning persists in select Muslim-majority contexts enforcing strict , including , , parts of , and Taliban-ruled , where recent affirmations target adulterers—predominantly women—via public executions. Cases like Sudan's 2022 sentencing of a woman to stoning highlight ongoing application amid international outcry, though empirical data shows executions often follow coerced confessions rather than , fueling debates on procedural fairness and compatibility with modern norms. Proponents defend it as deterrent justice preserving social order, while opponents, including reformist Muslims, question reliability and advocate Quranic primacy, arguing stoning's absence from scripture undermines its obligatory status.

Definition and Historical Context

Definition of Rajm as Hudud Punishment

Rajm, or stoning to death, constitutes one of the punishments in Islamic , specifically prescribed for the offense of (unlawful ) when committed by a muhsan—a married or previously married individual who is free, sane, and Muslim. refer to divinely ordained fixed penalties intended to deter violations of God's boundaries, encompassing crimes such as (), highway robbery (hiraba), false accusation of adultery (), (), and illicit sex (), with punishments including amputation, flogging, exile, or execution. Unlike ta'zir (discretionary penalties), penalties are non-commutable, require stringent evidentiary thresholds like four eyewitnesses to penetration, and apply only under specific conditions to avoid misapplication. The punishment entails burying the offender (up to the waist for men, chest for women) in a public setting, after which a group of hurls stones until death occurs, symbolizing communal enforcement of moral limits. This derives primarily from prophetic practice and narrations, as the mandates 100 lashes for without distinguishing marital status ( 24:2), yet authentic traditions record the Prophet Muhammad ordering for married adulterers, establishing it as binding . Sunni schools of jurisprudence unanimously classify rajm as , viewing it as an abrogation (naskh) of the Quranic flogging for muhsan offenders, though evidentiary rigor—often deemed nearly impossible to meet—renders actual implementation rare historically. Shia jurisprudence similarly upholds it as but emphasizes (consensus) and may incorporate additional procedural safeguards.

Pre-Islamic Origins and Early Adoption

Stoning as a form of for traces its origins to ancient Near Eastern legal traditions, where it was prescribed for sexual offenses, including in the law of :23–24, which mandated for a betrothed woman and her paramour caught in the act. In , historical accounts indicate that (rajm) for (unlawful sexual intercourse) was practiced among certain tribes, potentially influenced by interactions with Jewish communities in the region, as evidenced by reports from early Islamic historians such as Al-'Askari (d. 1005 CE), who attributes the initial Arab application to figures like Rabī'a bin Nasr. Scholarly analysis of pre-Islamic legal materials supports the presence of and related hudud-like penalties in Arabian , drawing parallels with broader Semitic practices rather than originating solely from later Islamic revelation. Following the Prophet 's migration to in 622 CE, stoning was adopted early in the Islamic community, initially applied to non-Muslims under their own scriptural laws. A notable case involved a Jewish man and woman from the or allied tribes convicted of adultery; ordered their stoning, reportedly stating that he judged them by the Torah's prescription, thereby affirming the penalty's continuity with pre-existing Abrahamic traditions while integrating it into emerging Islamic practice. This incident, recorded in canonical collections like , marked an early endorsement, predating the Quran's revelation of flogging for in Surah (24:2) around 627 CE. Subsequent applications extended to Muslims, establishing it as through prophetic precedent despite the Quranic emphasis on lashing for unmarried offenders. For instance, Ma'iz ibn Malik, a Medinan Muslim, confessed to four times in 5 AH (circa 627 CE) and was stoned after judicial verification, with emphasizing the gravity of the act for married individuals (muhsan). Another case involved a pregnant woman from the Ghamid tribe who confessed; her execution was deferred until after , reflecting procedural mercy within the framework. These events, documented in multiple narrations, illustrate the rapid institutionalization of stoning as a distinct penalty for married adulterers, bridging pre-Islamic with Islamic amid Medina's multicultural legal environment.

Scriptural Foundations

The Quran defines zina (unlawful sexual intercourse, encompassing both fornication and ) as a grave offense and prescribes a fixed of 100 lashes for the guilty parties, male or female, in Surah An-Nur (24:2). This verse states: "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 of , if you believe in and the Last Day. And let a group of the believers witness their ." The text applies uniformly without explicit distinction between married and unmarried perpetrators, requiring public enforcement witnessed by believers to deter leniency. Proof of zina demands stringent evidence, typically four eyewitnesses to the act itself, as outlined in Surah (24:4, 24:6-10), which also addresses spousal accusations through mutual oaths (li'an) to avoid unsubstantiated claims. False accusation of chaste individuals (qadhf) incurs 80 lashes for the accuser if four witnesses are absent, emphasizing protection against slander (Surah 24:4). Earlier verses in Surah An-Nisa (4:15-16) suggested confinement for women and men involved in immorality () until divine clarification or repentance, but Islamic regards these as abrogated by the explicit flogging penalty in Surah An-Nur, establishing it as the operative hadd (fixed) punishment. The Quranic framework prohibits approaching entirely as an indecent and evil path ( Al-Isra 17:32), but reserves solely for consummated acts proven beyond doubt. Notably, no Quranic verse mandates (rajm) for zina, even among married persons (muhsan), distinguishing the scriptural text from subsequent hadith-based elaborations that introduce differentiated penalties. Certain hadiths, such as Sunan Ibn Majah 1944, reference an abrogated verse prescribing stoning for married or elderly adulterers, commonly reconstructed as "الشَّيْخُ وَالشَّيْخَةُ إِذَا زَنَيَا فَارْجُمُوهُمَا الْبَتَّةَ نَكَالًا مِنَ اللَّهِ وَاللَّهُ عَزِيزٌ حَكِيمٌ" (variants use "الثَّيِّبُ وَالثَّيِّبَةُ" for married persons), translated as "The old man and the old woman, if they commit adultery, stone them both outright as a punishment from Allah. And Allah is Mighty, Wise." This is a reconstruction not authentic as an original Quranic revelation, with traditional scholarship regarding it as abrogated in recitation while its legal ruling is preserved through Sunnah, though its status remains debated. This uniformity in flogging aligns with the Quran's emphasis on evidentiary rigor and mercy through , as unproven suspicions yield no punishment ( An-Nur 24:12-13). For enslaved individuals, some interpretations derive halved lashes from contextual analogies, though the verse itself remains general.

Hadith Narrations Supporting Stoning

Authentic Hadith collections, particularly Sahih al-Bukhari and Sahih Muslim—regarded by Sunni scholars as the most reliable compilations of prophetic traditions—contain multiple narrations establishing stoning (rajm) as the prescribed punishment for married Muslims (muhsan) who commit adultery (zina). These reports detail direct orders from the Prophet Muhammad to stone offenders after confessions or judicial confirmation, distinguishing the penalty from the Quranic prescription of 100 lashes for unmarried fornicators. The narrations emphasize strict evidentiary thresholds, such as voluntary confession repeated at least three times or testimony from four eyewitnesses to penetration, and were applied in at least four documented cases during the Prophet's lifetime. A foundational narration from Ubada ibn al-Samit recounts: "Receive (teaching from me that) the Messenger of Allah gave one of you a choice to go back to his family... [but] the fornicator and the adulterer, flog the fornicator with one hundred stripes and exile (the married adulterer or adulteress) for one year... No. Go on! (that was the first testimony which he gave). He then made testimony to the second and the third like that, but the Messenger of Allah did not stone him. He then testified (four times) whereupon he bore testimony to him and he said: Certainly, Allah's Messenger (ﷺ), awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning to death." This establishes stoning as a prophetic sunnah upheld by companions post-Prophet. Specific incidents reinforce this practice. In the case of Ma'iz ibn Malik al-Aslami, a man confessed to the four times over separate encounters, rejecting opportunities to recant; the ordered his in the (prayer ground) after verifying his sanity and marital status, with the execution carried out despite his flight attempt. Similarly, a from the Ghamid tribe, visibly pregnant from , confessed after delivering her child; the delayed until , then ordered her , which he initiated by throwing the first stone. Another account involves a man from the Aslam tribe who confessed to the , who confirmed his before ordering to death. These cases, occurring around 627-632 CE during the Medinan period, demonstrate procedural mercy—such as verifying intent and postpartum delay—alongside enforcement. A parallel narration concerns a Jewish couple brought to the for ; invoking precedent, he ordered their near the , aligning Islamic ruling with scriptural continuity for under Muslim jurisdiction, though applied to Muslims in other reports. Additionally, general prophetic statements specify within the three cases permitting shedding Muslim blood: "In for , the (married) person who commits illegal , and the one who leaves the Islamic religion (apostate)." These narrations, transmitted through chains graded sahih (authentic) by Imam al-Bukhari (d. 870 CE) and Imam Muslim (d. 875 CE), underpin scholarly consensus (ijma') on rajm despite its absence from the Quran's preserved text, with Umar ibn al-Khattab later affirming a purportedly abrogated stoning verse to counter interpretive dilution.

Jurisprudential Framework

Consensus Across Sunni Schools

The four principal Sunni schools of Islamic jurisprudence—Hanafi, Maliki, Shafi'i, and Hanbali—maintain a consensus (ijma') that stoning (rajm) constitutes the prescribed hudud punishment for adultery (zina) committed by a married individual (muhsan), defined as one who is free, adult, sane, and has consummated a valid marriage. This agreement derives from authenticated hadith narrations depicting the Prophet Muhammad ordering and executing stoning for such offenses, including cases like that of Ma'iz ibn Malik in 626 CE and the stoning of a Jewish couple under Quranic reference to prior scriptures, which early jurists extended via prophetic sunnah. For unmarried perpetrators (ghayr muhsan), all schools uniformly apply flogging (100 lashes) as specified in Quran 24:2, interpreting the verse's generality as abrogated or qualified by hadith for the married category. This doctrinal unity traces to the foundational era, with companions like Umar ibn al-Khattab reaffirming during his caliphate (634–644 CE) by reciting a purported "verse of stoning" from prophetic tradition, underscoring its status as binding despite not appearing verbatim in the finalized . Jurists across madhabs, including (d. 767 CE), (d. 795 CE), (d. 820 CE), and (d. 855 CE), codified rajm in their respective compendia—such as al-Muwatta', al-Umm, and al-Musnad—viewing dissent as untenable given the multiplicity of sahih chains. Hanafi texts like explicitly affirm stoning's execution by pelting with stones sufficient to cause death, rejecting alternatives like beheading. While procedural nuances exist—such as the Maliki emphasis on sites or Shafi'i specifications on stone size to prolong suffering without instant lethality—the core penalty remains non-negotiable, enforced only upon stringent proof like voluntary (repeated four times without retraction) or from four upright male eyewitnesses to penetration. This ijma' reflects a shared commitment to as divine imperatives for societal deterrence, with deviations deemed (innovation) by traditional scholars.

Variations in Shia Jurisprudence

In Twelver Shia jurisprudence, stoning (rajm) constitutes the hudud punishment for zina (adultery or fornication) perpetrated by a muhsan or muhsana—a sane, adult, free Muslim who has entered and consummated a permanent marriage while having the capacity and opportunity for lawful sexual relations. This status excludes those under temporary impediments, such as irrevocable divorce, long-term imprisonment, or spousal refusal of conjugal rights. The penalty applies equally to male and female offenders and involves 100 lashes followed by burial (up to the waist for men, chest for women) and pelting with stones until death. For non-muhsan offenders or incomplete proofs, the punishment reduces to 100 lashes, exile for one year, and head-shaving, with repeated offenses escalating to execution after the third. Evidentiary standards demand either four distinct, voluntary confessions proffered before a qualified judge on separate occasions—revocable at any point without penalty—or the unified testimony of four upright male eyewitnesses who directly observed the act of penile penetration without doubt or ambiguity. Shia jurists derive this from narrations attributed to the Prophet Muhammad and the Imams, emphasizing ijma' (consensus) among Twelver scholars despite the absence of explicit Quranic prescription for rajm, which they attribute to prophetic sunnah over alleged abrogation debates. Procedural safeguards include delaying execution for pregnant women until post-partum recovery and rejecting pregnancy alone as proof of zina, requiring full evidentiary fulfillment to avoid erroneous application. Distinct from Sunni schools, which mandate solely stoning for muhsan zina without preceding lashes, Shia fiqh incorporates flogging prior to rajm as integral to the penalty, reflecting interpretations prioritizing comprehensive deterrence. Additionally, while Sunni madhhabs restrict witnesses to four males, Twelver rulings permit combinations such as three males and two females for establishing hudud, valuing female testimony at half equivalence in hudud contexts, though four males remain the gold standard for rajm. During the occultation of the Twelfth Imam, implementation falls to marja' taqlid (sources of emulation), who may invoke ta'zir (discretionary punishment) if hudud proofs falter, but rajm retains prescriptive force where conditions obtain, as evidenced by applications in Shia-governed jurisdictions like Iran since 1979.

Evidentiary Standards and Procedural Requirements

In Islamic jurisprudence, the punishment of (rajm) for () committed by a married person (muhsan) demands extraordinarily rigorous evidentiary standards, designed to prioritize certainty and avert . Guilt must be established either through the of four eyewitnesses or a valid by the accused, with no reliance on such as , medical reports, or the of fewer witnesses. This threshold, rooted in prophetic traditions and elaborated in classical texts, reflects a doctrinal emphasis on protecting the innocent, as (qazf) incurs its own penalty of 80 lashes for the accuser if the required proof fails. Eyewitness testimony requires four adult, sane Muslim males of unimpeachable character ('adil), who must have simultaneously observed the definitive act of penetration—described in hadith narrations as resembling "a stick entering a well-stirred " to exclude any or mere proximity. These witnesses must report the incident promptly to the authorities without prior collusion, and their accounts must align precisely under judicial interrogation; any discrepancy voids the testimony. Sunni schools unanimously mandate male witnesses for validity, though Shia jurisprudence permits combinations of two male and four female witnesses in some cases, reflecting interpretive differences on Quranic provisions for testimony in financial matters extended to . The judge () verifies the witnesses' integrity through community reputation and prior conduct, ensuring no ulterior motives, as the penalty's irrevocability demands absolute reliability. As an alternative to witnesses, confession suffices if the accused voluntarily admits guilt four separate times before the judge, each admission distinct and uncoerced, affirming both the act and . Retraction remains permissible at any stage prior to execution, based on prophetic precedents where the Prophet Muhammad accepted withdrawals to favor doubt over , underscoring the principle that penalties are waived amid uncertainty (shubha). Coerced, intoxicated, or duress-induced confessions are invalid, and the must be mentally competent, with no imposed on minors, the insane, or those previously married but not currently muhsan. Procedurally, the presides over hearings to assess evidence, excluding coerced testimony or biased parties, and may invoke doubt from any irregularity to suspend the in favor of discretionary ta'zir penalties. Implementation requires public announcement, with the offender buried to the waist (men) or chest (women) and stoned by the community using hand-sized stones until death, avoiding lethal blows to prolong the deterrent spectacle per guidelines. These safeguards have historically rendered stoning rare, as evidentiary hurdles deter prosecution absent overwhelming proof.

Historical Implementation

Application in Early Caliphates

During the (632–661 CE), the successors to —Abu Bakr, ibn al-Khattab, Uthman ibn Affan, and Ali ibn Abi Talib—applied stoning (rajm) as a punishment for committed by married individuals (muhsan), adhering to the evidentiary standards of or four eyewitnesses to penetration established in prophetic precedent. This continuity is affirmed in narrations where Umar stated that the Prophet had implemented stoning, as had Abu Bakr and Umar himself, underscoring its obligatory nature as even absent explicit Quranic text. Umar, in particular, expressed concern during his (634–644 CE) that future generations might neglect stoning due to its omission from the compiled , prompting him to publicly recite and reaffirm the abrogated verse of rajm to reinforce its legal validity and deter abandonment. Specific instances of enforcement under Umar include the stoning of individuals who confessed to , with one narration describing a woman who repeatedly confessed; Umar verified her sanity through consultation before ordering the punishment. collections attribute similar applications to (r. 632–634 CE), who stoned adulterers following prophetic practice, though detailed case records are limited compared to prophetic-era reports. Fewer documented cases appear under (r. 644–656 CE) and (r. 656–661 CE), amid expanding conquests and internal conflicts like the , but jurisprudential consensus among companions indicates no deviation from rajm for qualifying offenses, with procedural safeguards such as pregnancy delays for gestation confirmation to avoid harming potential progeny. Enforcement remained discretionary in practice, requiring strict proof to invoke , reflecting a balance between deterrence and mercy, as suspended certain during famine to prioritize societal welfare without abrogating the penalty. These applications laid the foundation for stoning's integration into subsequent Islamic legal traditions across caliphates.

Medieval and Ottoman Eras

In the medieval Islamic world, spanning the (750–1258 CE) and successor states like the Ayyubids and early Mamluks, (rajm) for by married persons remained a prescribed penalty in Hanafi, Maliki, Shafi'i, and Hanbali , derived from precedents. However, its enforcement was exceedingly rare due to stringent evidentiary demands, requiring either four male eyewitnesses to the act of penetration or voluntary confession repeated four times without retraction, coupled with judicial preference for invoking doubt (shubha) to avoid fixed punishments. Legal historians note that courts frequently reclassified offenses under ta'zir, allowing discretionary measures like flogging or , as executions risked public backlash and divine accountability for judges. Sparse archival evidence from medieval records or chronicles documents few, if any, verified stonings for ; instead, moral crimes were often handled through communal surveillance or exile to preserve social stability without invoking irreversible . This pattern reflects a broader classical emphasis on deterrence over literal application, where jurists like (d. 1058 CE) in his al-Ahkam al-Sultaniyya outlined procedural safeguards prioritizing mercy and rehabilitation. Under the (c. 1299–1922 CE), which predominantly followed , stoning was codified in legal manuals like the Multaqa al-Abhur but applied only in exceptional circumstances, with empire-wide records indicating just one confirmed execution in on June 28, 1680, ordered by Mehmed IV (r. 1648–1687) against the wife of a court official and her Jewish paramour, amid controversy over procedural validity. This marked the sole stoning decreed by an Ottoman sultan in over four centuries of rule in the capital, despite theoretical provisions; some provincial fatwas and sicils (court registers) allude to up to two additional cases empire-wide, though unverified. Ottoman authorities routinely substituted ta'zir penalties—such as bastinado, banishment, or fines—for , as evidenced in and court documents from the 16th–18th centuries, where judges invoked evidentiary leniency or political expediency to avert hudud's finality. This pragmatic approach aligned with the empire's kanun (sultanic law) overlay on , prioritizing administrative order over scriptural rigor, and stoning's rarity underscored systemic judicial discretion amid diverse ethnic and religious populations.

Modern Practice and Enforcement

In , stoning remains a legal punishment under Article 225 of the Islamic Penal Code for married individuals convicted of (), requiring four male witnesses or a confession, with executions reported sporadically despite international pressure. Between 2002 and 2010, documented at least six stonings, while more recent data from 2022 indicates 51 sentences for -related stoning, though many are commuted or suspended. As of 2025, the penalty persists as a potential sentence in cases like those in Qarchak prison, where women have faced it for moral crimes. Saudi Arabia incorporates for under its uncodified Hanbali system, applicable to Muslims convicted of by married persons, though executions typically occur by beheading rather than in practice. The penalty is enforced by religious courts, with evidentiary standards mirroring classical , but no confirmed stonings have been publicly reported in recent decades, amid a shift toward other capital methods. In , following the 's 2021 resurgence, Supreme Leader affirmed as punishment for in May 2024, emphasizing its application especially to women under Deobandi-influenced , with public floggings and stonings resuming in controlled territories. During the prior Taliban era (1996–2001), stoning was officially implemented for , and post-2021 edicts signal its reinstatement, including audio directives broadcast in March 2024 ordering such penalties. Nigeria's 12 northern states applying penal codes—such as Zamfara, Kano, and Sokoto—retain stoning for married adulterers since adopting full in 2000, with convictions requiring strict evidence like in unmarried women or four witnesses. At least two stonings occurred in 2004 (one overturned on appeal), and sporadic enforcement continues, including a 2022 case in Kano, though federal oversight and appeals often mitigate outcomes. Sudan legally prescribes under its 1991 Criminal Act (Article 146) for by married persons in courts, though a 2020 transitional penal code suspended punishments amid political changes; a 2022 sentencing of a 20-year-old marked the first known case in a decade before potential commutation. Enforcement remains inconsistent post-Bashir era, with reliance on evidentiary rigor limiting applications. Other nations with legal provisions include , where the 1979 Hudood Ordinances allow stoning for but impose a federal moratorium since 2006, resulting in no executions; , where Houthi-controlled areas enforce it extrajudicially under Zaydi ; and , which enacted stoning in its 2019 code for but suspended implementation following global backlash. In , al-Shabaab enforces stonings in held territories without formal state codification. These cases highlight varying degrees of statutory retention versus practical dormancy, often influenced by international scrutiny and internal reforms.

Recent Developments and Case Studies (Post-2000)

In , judicial stonings for persisted into the early despite a brief moratorium in the late 1990s, with confirming at least six executions by this method between 2006 and 2009. One documented case involved Jafar Kiani, stoned to death on July 5, 2006, in for , after which authorities claimed a halt to the practice amid global outcry. Subsequent sentences, such as that of in 2010 for and complicity in murder, drew international condemnation and were ultimately converted to imprisonment or other penalties rather than stoning. By 2012, Iran's judiciary announced stoning would be replaced by alternative executions like hanging in practice, though the punishment remains codified in the Islamic Penal Code, with occasional sentencing reported as late as the 2020s but no verified post-2009 implementations. Following the Taliban's recapture of in August 2021, Supreme Leader decreed the reinstatement of full penalties, explicitly including to death for ( or ), with emphasis on its application to women as a deterrent for moral offenses. In a March 2024 audio statement, Akhundzada defended as integral to Islamic , vowing enforcement against adulterers, particularly females. While UNAMA documented over 200 corporal punishments like flogging between 2022 and 2023, confirmed executions are limited and often unverified due to restricted access, though regime edicts and public affirmations indicate active legal provision rather than widespread application. and note the policy's role in entrenching gender-based control, with isolated reports of extrajudicial stonings in rural areas. In Nigeria's 12 northern states implementing since 2000, courts issued numerous stoning sentences for or , but none resulted in execution due to appellate reversals on procedural or evidentiary grounds. Notable cases include , sentenced in March 2002 for bearing a child out of wedlock but acquitted in September 2002 after failing to meet the strict four-witness requirement. Similarly, in June 2022, a Bauchi court condemned three men to stoning for , yet appeals and federal pressures have consistently prevented implementation, reflecting tensions between state and federal law. No post-2000 stonings have been executed, per monitoring. Al-Shabaab in has enforced stonings in territories under its control since the mid-2000s, aligning with its interpretation of for offenses like . A prominent case was the October 2008 stoning of 13-year-old Aisha Ibrahim Duhulow in , publicly executed after being accused of following her report of by three men; witnesses described her up to the neck before pelting with stones. Such incidents, though sporadic and hard to quantify due to the group's opacity, continue in jihadist-held areas, with reports of additional stonings for moral crimes into the 2010s, as documented by . In , stoning remains prescribed under Article 146 of the 1991 Penal Code for married adulterers, but post-2000 applications have involved sentences without confirmed executions, often overturned or suspended amid legal reforms. Pakistan's provisions allow stoning, but federal interventions have blocked post-2000 implementations, with cases like a 2002 commuted.

Theological and Ethical Debates

Traditional Defenses Based on Divine Command and Deterrence

Traditional Islamic jurisprudence upholds stoning (rajm) as a hudud punishment for married individuals guilty of zina (adultery), grounded in the Prophet Muhammad's explicit implementation of it as divine legislation. Multiple authentic hadiths in Sahih Muslim and Sahih Bukhari record the Prophet ordering and carrying out stonings, such as the case of Ma'iz ibn Malik, a companion who confessed to adultery four times and was stoned after judicial verification, establishing it as sunnah practice binding on Muslims. These narrations, transmitted through chains of reliable narrators, form the primary basis for the ruling, as the Prophet's actions are viewed as infallible guidance from Allah, superseding or complementing Quranic prescriptions like flogging for unmarried offenders. The divine command is further reinforced by reports from Caliph Umar ibn al-Khattab, who publicly recited a purported "verse of stoning" during his khutbah, stating it prescribed death for married adulterers but was not included in the compiled Quran to avoid altering its wording, yet the ruling remains operative through prophetic precedent. Traditional scholars across Sunni madhabs, including Hanafi, Maliki, Shafi'i, and Hanbali schools, achieved ijma (consensus) on rajm's validity, viewing any denial as bid'ah (innovation) that undermines tawhid by questioning prophetic authority as a conduit for wahy (revelation). Shia jurisprudence similarly affirms it via narrations from Imam Ali and other Imams, integrating it into their usul al-fiqh as an extension of divine intent to safeguard societal morality. Beyond command, deterrence constitutes a core rationale, with like designed to instill fear of and prevent zina's societal harms, such as lineage disruption and moral decay. Jurists like Ibn Qudamah argued the punishment's extremity—requiring four eyewitnesses or repeated confession—ensures rarity, functioning primarily as a psychological barrier that historically minimized in governed polities, aligning with Shariah's goal of (public welfare) through exemplary severity. This aligns with emphasizing 's role in reviving 's commands to deter transgression, as seen in the Prophet's revival of despite its absence from the . Proponents contend empirical observance under early caliphs demonstrated its efficacy in upholding without widespread application, countering claims of inhumanity by prioritizing eternal accountability over temporal leniency.

Reformist Challenges and Quran-Only Arguments

Reformist scholars within Islam argue that stoning (rajm) for adultery lacks a direct Quranic mandate, as Surah An-Nur 24:2 prescribes 100 lashes for zina (unlawful sexual intercourse) without differentiating between married and unmarried offenders. They contend that this verse abrogates any earlier practices, including stoning, which traditionalists derive from hadith reports of prophetic actions or allegedly abrogated verses known only through oral transmission. Moroccan Islamic studies scholar Asma Lamrabet has emphasized that the Quran's explicit replacement of lethal penalties with corporal flogging reflects a deliberate shift toward measured retribution aimed at deterrence and societal reform rather than execution. Turkish-American author Mustafa Akyol similarly notes that stoning originates from pre-Quranic sources like the Torah, not the Quran itself, and its incorporation into Islamic jurisprudence represents an uncritical adoption rather than divine imperative. Quran-only proponents, or Quranists, extend this critique by rejecting as a secondary source of law altogether, insisting that the Quran's self-description as complete and detailed (e.g., Surah An-Nahl 16:89) precludes punishments not explicitly stated therein. They argue that 's basis in narratives—such as reports of the ordering it for specific cases—introduces unverifiable chains of transmission prone to fabrication or contextual misapplication, rendering it incompatible with Quran-centric . For Quranists, adherence to Surah 24:2 alone ensures fidelity to revealed text, avoiding the interpretive expansions of schools that elevate to status despite its evidentiary stringency, like requiring four eyewitnesses to the act itself. These positions gain traction among reformists amid broader efforts to reconcile Islamic law with contemporary ethics, though they face rebuttals from traditionalists who uphold authenticity via rigorous isnad verification. Egyptian jurist Abu Zahra (d. 1974) exemplified early 20th-century reformist skepticism by viewing stoning as a temporary concession to Jewish during the Prophet's phase, ultimately overridden by Quranic flogging as the final ruling. Proponents of these views often cite the rarity of stoning's historical application—even in early caliphates—due to procedural barriers, interpreting this as evidence of its obsolescence in favor of Quranic alternatives.

Criticisms, Defenses, and Societal Impact

Western and Human Rights Perspectives

organizations, including and , have consistently condemned as a form of cruel, inhuman, and degrading treatment or punishment prohibited under , such as Article 7 of the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT). These groups document 's execution—burying the condemned partially in the ground and pelting them with stones until death—as intentionally prolonging suffering through , asphyxiation, or exposure, often in public to instill fear, which exacerbates its punitive and deterrent effects beyond any purported . has reported at least six stonings in since 2006, emphasizing that such methods fail standards of humane execution even where persists, and urged abolition in cases like the 2007 stoning of Ja'far Kiani for . Western governments and institutions view stoning as incompatible with universal norms, often citing its rarity in meeting evidentiary thresholds (e.g., four eyewitnesses to penetration) yet frequent application via coerced confessions or judicial fiat, particularly against women accused of or . In 2010, international pressure from the , , and others halted the stoning of Sakineh Mohammadi-Ashtiani in after her televised confession raised concerns, with U.S. congressional resolutions condemning stoning as disproportionately targeting women through unequal evidentiary burdens and societal pressures. Similarly, in 2019, the U.S. and allies imposed sanctions threats on for enacting provisions mandating stoning for , framing it as a regression from global abolition trends. criticized Iran's 2013 penal code revisions for retaining stoning despite parliamentary removals, arguing it entrenches gender discrimination as women face higher conviction rates due to patriarchal interpretations of Islamic law. United Nations bodies have indirectly addressed through broader resolutions on the death penalty moratorium (e.g., UN Resolution 62/149 in 2007) and calls to eliminate cruel punishments, with advocacy groups pushing for specific condemnations as , though no standalone UN resolution targets exclusively. Critics from these perspectives highlight empirical outcomes: in , stonings correlate with weak safeguards against false accusations, as seen in post-2000 cases where at least nine women and two men awaited execution amid procedural flaws. Western analyses often contrast 's pre-modern origins—predating but codified in some interpretations—with evidence-based justice systems, noting its psychological terror and social control functions outweigh any claimed deterrence, per studies on corporal punishments' inefficacy. Despite biases in some reporting toward critiques, the consensus holds 's physical brutality and evidentiary arbitrariness as verifiably antithetical to dignity-based rights frameworks.

Islamic Counterarguments and Cultural Context

Islamic scholars defending stoning (rajm) as a punishment for married adulterers maintain that it derives from the Prophet Muhammad's practice and authoritative collections, such as , which record instances of its application and describe it as a duty for proven cases involving confession or pregnancy as evidence. This consensus (ijma') among Sunni jurists holds that while the Quran prescribes 100 lashes for (unlawful ) in general (Quran 24:2), stoning supersedes for muhsan (married or previously married) individuals based on , with early caliphs like Umar ibn al-Khattab referencing a now-lost Quranic verse affirming it. Proponents argue this reflects divine wisdom in tailoring punishment to the gravity of violating marital bonds, serving as a public deterrent against familial disruption in societies where historically eroded tribal cohesion. In countering human rights objections that label as cruel or disproportionate, Muslim jurists highlight the extraordinarily high evidentiary bar: four upright male witnesses to the act of penetration, or repeated voluntary confessions without duress, conditions designed to favor amid (shubha). The Prophet's reported instruction to "ward off by means of doubts as much as possible" underscores a merciful toward avoidance, rendering actual executions rare even in strict historical applications, thus prioritizing prevention over retribution. Defenders further contend that Western norms, rooted in , impose by demanding suspension of divinely ordained , which classical views as immutable and superior for fostering moral discipline in Muslim polities. Culturally, stoning predated in Semitic traditions, including , where tribal codes inflicted it on adulterers, witches, and apostates to enforce communal honor and purity, as evidenced by Muhammad's own encounters with such practices during his Meccan period. is argued to have refined rather than originated this custom, channeling it into a regulated framework under prophetic oversight to curb excesses like vigilante killings, aligning with broader goals of public order in nomadic societies vulnerable to feuds. In this view, critiques ignoring this continuity overlook how integrated prevailing norms to promote justice, with stoning's symbolism reinforcing collective accountability over individualistic .

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