Karma: 29 (+42/-13)
Stoning to death - worldviews
My curiosity about this form of capital punishment stems from the case of a 43 year old woman who was convicted of adultery by the "personal feelings" of 3 judges in a five judge panel.1
The Koran doesn't prescribe the death by stoning penalty anywhere in it's pages but does prescribe a penalty of 100 lashes to all parties convicted of adultery. To be convicted there must be four witnesses (people who actually saw the event) and false witnesses are to be flogged with 80 stripes! So by the Koran it would seem like the three judges who just went by their "feelings" should be flogged... but I digress...
Now `Umar ibn al-Khattāb, c. 586-590 CE – 7 November 644 stated on more than occasion that such a verse (the stoning of married person (male & female) who commits illegal sexual intercourse - the Verse of the Rajam) used to be a part of the Koran and lamented that others who came after his generation would forget it since it was no longer there. This is my understanding of what it says in Sahih Bukhari 8.817 and Ibn Ishaq, Sirat Rasulullah, tr. Guillaume, p. 684.
Even so the general rule when dealing with the Koran is that when Allah removes a verse from the original texts he replaces it with a better one according to people I know that practice the Islamic faith. If this is true then doesn't the flogging prescription for adultery over rule the stoning penalty as being a "better verse?"
Those who continue to support the stoning penalty say it comes from the Torah (the first five books in the Bible) so I looked and the penalty of stoning applies to only the following cases (related to adultery as we define it today) in the Torah:
That's correct, not even one case to hang the hat on.
The prescription is death for both parties but the manner of death for a married woman or man is not proclaimed - Deuteronomy 22:22
Death by stoning does apply for one betrothed to be married and her sexual partner if the adultery is committed willingly by both but that is a side issue.
1 She later retracted that confession and has denied wrongdoing. Her conviction was based not on evidence but on the determination of three out of five judges, Mostafaei said. She has asked forgiveness from the court but the judges refused to grant clemency. source
This is the foundation for the discussion... I would hope and pray that we can talk about it without going nuts
7/17/2010, 11:27 am