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Default Re: more questions :) - 01-04-2008




This thread might be abit relevant insha Allah:

http://www.islamicboard.com/miscella...effect-me.html (Stoning to Death and its effect on me)



The punishment of stoning is the hadd punishment for the married adulterer, which essentially entails that it functions exclusively as a deterrent. Here's why. To apply this punishment you need four witnesses to the actual act of penetration who observed it from four different angles and if there is even the slightest contradiction in the most minute details of their testimony, they are punished with eighty lashes for false accusation of adultery. Thus, the implementation of the hadd punishment for zina is a practical impossibility.

As the fatwâ committee under the supervision of Shaykh 'Abdul-Wahâb At-Turaryrî notes:

It is not enough for four people to show up at court and give testimony. The witnesses and their backgrounds have to be carefully scrutinized by the courts to determine their trustworthiness and honesty. They have to be able to demonstrate that they saw the crime. It is not easy to explain how one was able to witness such an act without being guilty of any wrongdoing oneself. The witnesses have to see actual sexual penetration. This is not an easy thing to explain.

If the condition of four witnesses of determined trustworthiness is not fulfilled, each of those who accused the person of adultery is given 80 lashes with a whip as the punishment for bearing false witness.

Allah says: “And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations), flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors.” [Sûrah al-Nûr: 4]

The punishments for fornication and adultery are designed more to protect society from the open practice of licentious sexual behavior than they are designed to punish people.
It is nearly impossible to get a conviction for adultery except in a case where it is carried out in public for all eyes to see. With this threat of severe punishment, people will keep their evil deeds concealed and society as a whole will be protected.


It is worth noting that in the 1400 years of Islamic history, these stringent conditions have never been met even once. And due to the deterrent effect, sexual immorality is suffocated and eradicated in an Islamic society.

In spite of all this, if the impossibility became reality and the punishment were to be carried out, then how would it be done? For the person who is convicted of such a heinous licentious act they would be placed in a pit and pelted to death while covered by a cloth so that their 'awrah is not exposed. If it is by confession and not conviction, they would have the opportunity to retract their confession at any point in time and so they would not be placed in a pit. No one is allowed to curse the person who undergoes this or express pleasure.

For the reasons outlined above, it is evident that whatever movie you have seen could by no stretch of the imagination be construed as Islamic, as this punishment is a practical impossibility and even then would never occur in the manner described.
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