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The Penal Shariah And Rajam
Hello my question is assalamualaikum,
In his book “Burhan” Ghamidi Sahab while addressing the issue of Rajam, he came across this Hadith
Sahih al-Bukhari 7193, 7194
Narrated Abu Huraira and Zaid bin Khalid Al-Juhani:
A bedouin came and said, “O Allah’s Messenger (ﷺ)! Judge between us according to Allah’s Book (Laws).” His opponent stood up and said, “He has said the truth, so judge between us according to Allah’s Laws.” The bedouin said, “My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, ‘Your son is to be stoned to death,’ so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, ‘Your son has to receive one hundred lashes plus one year of exile.’ ” The Prophet (ﷺ) said, “I shall judge between you according to Allah’s Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unais!” The Prophet (ﷺ) addressed some man, “Go in the morning to the wife of this man and stone her to death.” So Unais went to her the next morning and stoned her to death.
https://sunnah.com/bukhari:7193
In his explanation, ghamidi Sahab raised some questions about clues that suggested that the woman was not just a normal woman which committed Zina, but she could have been doing this with preplanning for getting some ransom. And ghamid Sahab explained some clues for it, by which that woman may be said to have been convicted of Fasad-Fil-Ardh so that’s how the punishment of Rajam took place. But at the same time we see that the boy, who was the laborer was also exiled for 1 year. I didn’t understand why would this boy be exiled for one year too, in context of Fasad-Fil-Ardh?
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5 Replies
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The Penal Shariah And Rajam
updated 2 years ago
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The essential or legal details are usually missing in the traditions, as they are narrated by onlookers who did not know the whole legal details. If the prophet decided to exile him, the boy must have deserved for it.
Another point of fundamental importance should be kept in mind while reading the traditions of the prophet regarding penalties, that after the direct Itmam ul Hujjah on his addressees by the prophet, they were punished more severely for their sins and crimes and given lesser concessions. God declared His prescribed punishments as Azab and this Azab comes to the people on whom the Hujjah is completed. The same precedent we find in the case of Bani Israel, their penalties were more severe for the same reason.
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A followup question, we know that rajam has been used by Jews as punishment too. So why we didnt consider it as a sunnat e ibrahimi?
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Rajam is a form of punishment for Fasad fi al Ard, not itself a ritual to be qualified as sunnah. It can be adopted to punish along with the other forms of punishment as described in Quran 5: 33. Rajam is the application of Taqteel: to execute them in an exemplary way.
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Thank you Irfan sb and Ali sb for response
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@aj-khan i think maybe because this was totally abrogated by Quran when Quran describes punishment for Zani.
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