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LAW LETTER

Stoning to death A misconception
STONING to death is treated as a very well known punishment system in the Muslim world although it gives rise to several controversies. In the countries where Islamic Law is strictly followed this stoning to death is imposed upon a person who is found convicted of fornication or adultery.
In case of offering the sentence of stoning to death several hadiths (traditions of the prophet) are cited without assessing the authenticity of them or without analysing the overall perspective of the hadiths. But priority is not given upon the Holy Quran which never says anything regarding stoning to death rather it signifies that Allah has commanded only to impose hundred lashes upon the person who is proved guilty of adultery or fornication.
Generally Islamic Law is based upon four sources i.e. Quran, Sunnah, Ijma and Qiyas. But in case of maintaining the hierarchy they are often arranged horizontally which is a
serious mistake. Allah Himself declared that the Holy Quran is the book which never gives rise to any doubt (Sura Al-Baqara:2). So if the arrangement is made vertically then obviously the Holy Quran must be given the highest position. Then comes the Sunnah, Ijma and Qiyas respectively.
But when the matter of stoning to death comes forward it will be noted that several hadiths are cited without giving any priority upon the Holy Quran which remains silent regarding imposing the sentence of stoning to death if someone commits adultery or fornication.
In most of the regions of the whole universe some Muslims are always found whose conduct has given birth to religious orthodoxy. Same situation have taken place in case of punishing an adulterer. Several groups will be found who will always deny stoning to death having respect for Quran and Sunnah in true sense and some other groups will misinterpret the Sunnah skipping the verses of the Holy Quran and thus serious confusion arises because of the attitude of the later.
Anything done going beyond the divine command of the Holy Quran is strictly prohibited. But adding an opinion during interpreting any verse is permitted if it is done through Ijtihad and if it does not become inconsistent with the Quran and Sunnah. Heresy has been strictly opposed both by the Quran and Sunnah. Therefore if it is found in any Hadith or any Ulema's saying that he has heard of stoning to death then it must not be believed rather it should be the primary task to ensure its authenticity.
No human being possesses any authority to urge for death sentence of another human being where Allah Himself is against killing any person. Moreover in case of murder the Holy Quran has also gone for a flexible approach through providing a rule regarding blood money. Therefore, before offering death penalty the judge must think at least hundred times and must not act in such a way which seriously hinders the growth of the justice system.
Wasequzzaman
Student of Law, Eastern University