. IÚ IÛJ ':?Ü?I Iljj ,H c.,tÝ (cont.)

6 1 There is a difference of opinion whether pregnancy by itself is sufficient to bring about the punishment for fornication. In the case of married women, in particular, which is what this report is referring to, it would be difficult to accept the fact that pregnancy by itself may lead to the runishment of stoning. Siddiqi, trans., Sahih Muslim, vol. 3, p. 9 12. 3 Recorded by Ahmad, al-Baihaqi and al-Haakim. 4 lbn Rajab, Jaami, vol. 1 , pp. 314-315. 5 lbn Rajab, Jaami, vol. 1, p. 315. Yet another narration from Ahmad shows him holding the opinion of the majority of the scholars that is discussed in the next paragraph. 6 See ibn Hajr, Fath, vol. 12, p. 1 19. 51 1 Commentary on the Forty Hadith of al-Nawawi This stern punishment for the act of adultery shows how seriously Islam considers family relations. The act of adultery is something that can clearly break apart a family. The family is the foundation for society as a whole. If the family is not safeguarded, then society as a whole will start to crumble. It will not have a strong foundation and, therefore, it itself will not be strong. Objections to the Death Penalty in the Case of al-Thayyib al-Zaani In the past and unfortunately still from some people today, the following objections had been raised to the death penalty in the case of al­ thayyib al-zaani: The married adulterer should not be killed because the only penalty mentioned in the Quran for the zaani is what is stated in the following verse: "For the female zaani and the male zaani, flog each one hundred lashes" (al­ Noor 2). The first objection states that if one stones a person to death for adultery, he is then going from a law that is definitively established in the Quran to one that is lesser so established in the hadith. The second objection is that to accept the law of flogging means that one is allowing the sunnah to abrogate the Quran and this is not acceptable. As for the first objection, Ibn Qudaama notes that there are many hadith that demonstrate that the Prophet (peace be upon him) stoned al-thayyib al-zaani. These hadith are so numerous and transmitted by so many means that they reach the level of mutawaatir in their meaning. In addition, there was a consensus of the Companions concerning the punishment for al-thayyib al­ zaani, this further raises the degree of reliability of the evidence for that ruling. Hence, the proofs that the married adulterer is to be stoned are, in fact, as strong as the opposing evidence used to show that he should just be flogged.' As for the second objection, this is not a case of the sunnah abrogating the Quran. This is a case of the sunnah particularizing a general statement of the Quran-- and particularization of the Quran by the sunnah is something accepted by all the respected scholars. The Quran has mentioned zaani in a general sense and the sunnah has restricted that zaani to be only the zaani who is not thayyib.2 This issue of not allowing the sunnah to explain the Quran has been the cause of straying for many a people, both in the past and the present. One of the earliest groups to stray concerning this matter was the Khawaarij. It is narrated that they debated with the khaleefah Umar ibn Abdul Azeez concerning this issue. They told Umar that the Quran only mentions flogging 1 Ibn Qudaama, al-Mughni, vol. 10, p. 121; also see al-Luhaibi, p. 1 1 1 . 2 Cf., ibn Qudaama, al-Mughni, vol. 10, p. 121; al-Luhaibi, p. 1 1 1 2. Hadith #14: The Sanctity of a Muslim's Blood and does not mention stoning. Umar said to them, "Do you only take what is found in the Quran?" They said, "Yes." He said to them, "Inform me about the number of the obligatory prayers and the number of its essential acts, rakats and their timings. Where do you find those matters in the Book of Allah? Tell me about the zakah and its amount and on what wealth it is to be paid." They asked him to give them some time to find those matters. They returned and admitted that they did not find them in the Quran. Umar then asked them, "Why do you do those things then?" They answered, "Because the Messenger (peace be upon him) did them as did the Muslims after them." Umar then replied, "Such is the case with the stoning."1 "a life for a life" If an adult, rational person intentionally murders another person, male or female, without due right of law, then that murderer is to be put to death. This is clear from the Quran, as Allah has said, "' .,, .... , ,J .,, , ,., .J. , ,.,, J ,... ,,,. J i) ",., ,,. :_IL., /:_I\ /I :0I\ . I :Oall JҎ/ ._:;S' I Î /I/ : .lll 1 :/.t!_; ࣤ- ࣥ ࣦ J ࣧ } . J-"-'° ? u.. ࡢ } ,,.