Blasphemy

There’s a hadith in which a man killed his wife for repeatedly insulting the Prophet (saw). The Prophet (saw) said there was no retaliation for her death.

Abu Dawood (4361) narrated from Ibn ‘Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet (peace and blessings of Allaah be upon him) and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah (peace and blessings of Allaah be upon him). He called the people together and said, “I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up.” The blind man stood up and said, “O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her.” Thereupon the Prophet (peace and blessings of Allaah be upon him) said: “Bear witness, there is no blood money due for her.”

Since he was absolved of any punishment for that, people took it to mean that Muslims had a duty to do just that everytime such a thing happened.

In another case, of the handful of people whom the Prophet (saw) did not give amnesty after the conquest of Mecca (meaning, they were to be exiled or face arrest and even death if caught in the Muslim state), one was Abdullah ibn Khatal, a poet who frequently verbally abused the Prophet (saw). He was ordered killed. He ran to the Kabah the day Mecca was conquered and wrapped himself in its cloak. He was killed on that very spot between the Black Stone and Maqam-e-Ibrahim.

Another one of those individuals was the dancing slave-girl of the aforementioned poet who also used to recite poems hurling crude insults at the Prophet (saw). She too was denied amnesty and was executed.

Yet another was a second slave-girl of the aforementioned poet. She, however, asked for asylum from the Prophet (saw) and was granted it.

There was a second male poet who did the same, but he also attacked the Prophet’s (saw) daughters once. He stabbed their camel with a spear and the Prophet’s daughters fell off the camel. He was executed by Hazrat Ali (ra).

Another slave girl (of someone else) used to also publicly insult the Prophet (saw). She too asked for asylum from the Prophet (saw), was given it.

This last slave girl’s owner (Ikrimah) was also an outspoken opponent of the Prophet (saw) and fled when Mecca was conquered. His wife asked for asylum on his behalf, it was accepted, he converted to Islam and became a great Companion. He was martyred in a battle against apostates under the Caliphate of Abu Bakr.

Another person (nothing to do with verbal blasphemy) who also attacked a camel carrying the Prophet’s daughter (a different one), knocking her off the camel and forcing her to suffer a miscarriage and sustain lifelong injuries… just want to mention he also asked for forgiveness and was granted it and converted to Islam at this time.

The third person also fled Mecca, but returned, asked for forgiveness, was given it, and converted to Islam. The Prophet (saw) gave him a sheet of his as a gift.

Harith ibn Talatil, another poet who used to heap insults on the prophet. Killed by Hazrat Ali (ra).

Abdullah ibn Zib’ari, also a poet who used to insult the prophet in his poems. He fled, returned, repented, was forgiven by the Prophet (saw) and converted to Islam.

Hubayrah ibn Abi Wahab Makhzumi, another poet who used to insult the Prophet. Fled and stayed away for life.

Hind bint ‘Utbah, the wife of Abu Sufyan. At the battle of Uhud, she ripped Hamza (the prophet’s uncle)’s heart out of his chest and ate it (chewed on it then spit it out). She also sought forgiveness, was granted it, converted to Islam, then destroyed all her idols.

These are all from the hadith and are well known. Muslims basically instituted the police of death for blasphemy after this, except since the Prophet (saw) was dead, no more people were forgiven for the act. That is the reasoning behind it. It’s not in the Qur’an.

Regarding a minority ruling about the applicability of this ruling to certain non-Muslims (Dhimmis):

(Taken from a forum post)

There’s a view from within the Hanafi madhab that has significant support where a Dhimmi guilty of blasphemy cannot be put to death (but a Muslim can). I would say at least 30% maybe even up to 50% of the Hanafis follow that view traditionally (and it has support from Imam Abu Hanifah himself, however even though the school is named for him, it had several mujtahid Imams at his level who chose to follow his lead out of deference for his level of scholarship but were qualified to make their own rulings, even if they were in disagreement with his… so the Hanafi school is like multiple schools in one).

A smaller minority of Shafi’i followers have a similar view. Everyone else believes in the death penalty for blasphemy.

The Hanafi split is reflected in the way the law was implemented in the Ottoman and Mughal empires. The latter were more strict and emulated the others (in that death for blasphemy was instituted if the blasphemer refused to repent). Pakistan, Afghanistan, India, inherit the Mughal tradition.

The basis for this ruling is twofold.

  1. Non-Muslims already commit the sins of kufr and shirk and are not punished. These are worse than blasphemy.
  2. The verses instructing people to be fair and tolerant towards Dhimmis, even in representing Islam to them, are far more frequent and far more strongly worded in both the Qur’an and in hadith narrations.

Even though Pakistan/Afghanistan inherit the Mughal tradition, the controversy of the blasphemy law is still political in origin and nature. Their governments are Secular-Shariah hybrids so secular elements within the government seek to root out the religious and vice-versa.

The views in the Hanbali and Maliki madhabs are more strict. In the Hanbali madhab at least, anyone guilty of blasphemy cannot even repent and must be executed (Wahhabism is an extreme twist on Hanbali law). I think the Malikis are the same though I’ve run into some very “liberal” Malikis so I don’t know if they have minority views on this.

usually don’t tell people about this because I don’t think people deserve to come about this knowledge except through the right manner (by doing research). Picking and choosing rulings based on what you like defeats the purpose of a school of law. The point is to remain consistent with one methodology. The Hanafi madhab is considered the most robust and “liberal” due to it being the state religion of the Abbasids, Mughals, Ottomans. It’s also important to remember that the basis of the madhabs is that we all recognize the others as valid approaches (“agree to disagree”) even if we disagree with the results (the former means tolerating and accepting the latter when we deal with these people). People who object to the blasphemy law on a moral basis are simply adopting non-Islamic morality, and rejecting rulings on non-Islamic moral grounds also defeats the purpose. This is very different than the methodological approach to Islamic morality I speak of here. In one way, the intention is for Allah. In the other, the intention is for human partners of Allah.

Posted in Uncategorized

Rajm 2

This was taken from a SunniForum.com post by user “salman”.


salamu alaikum

Stoning for adultery is mass-transmitted from the Prophet, upon him peace, both as verbal injunction (Hadith “The child belongs to the household where he is born and the adulterer gets stones”) and actual deed (stoning of Maa`iz ibn Maalik, Allah be well-pleased with him) cf. al-Kattani, Nazm al-Mutanathir ( p. 105-106 §181-182 ). Furthermore, there is complete consensus in the first three generations of Islam – both in law and in its application by the Four Caliphs – that the hadd of adultery for the married is stoning, cf. Ibn Qudama, al-Mughni ( 8:158 ); Ibn Hajar, Fath al-Bari (12:118).

الكلام بقية شرح هذا الحديث في كتاب التوحيد إن شاء الله تعالى

قوله باب رجم المحصن هو بفتح الصاد المهملة من الإحصان ويأتي بمعنى العفة والتزويج والإسلام والحرية لأن كلا منها يمنع المكلف من عمل الفاحشة قال بن القطاع رجل محصن بكسر الصاد على القياس وبفتحها على غير قياس قلت يمكن تخريجه على القياس وهو أن المراد هنا من له زوجة عقد عليها ودخل بها وأصابها فكأن الذي زوجها له أو حمله على التزويج بها ولو كانت نفسه أحصنة أي جعله في حصن من العفة أو منعه من عمل الفاحشة وقال الراغب يقال للمتزوجة محصنة أي أن زوجها أحصنها ويقال امرأة محصن بالكسر إذا تصور حصنها من نفسها وبالفتح إذا تصور حصنها من غيرها ووقع هنا قبل الباب عند بن بطال كتاب الرجم ولم يقع في الروايات المعتمدة قال بن المنذر اجمعوا على أنه لا يكون الإحصان بالنكاح الفاسد ولا الشبه وخالفهم أبي ثور فقال يكون محصنا واحتج بأن النكاح الفاسد يعطي أحكام الصحيح في تقدير المهر ووجوب العدة ولحق الولد وتحريم الربيبة وأجيب بعموم أدرءوا الحدود قال واجمعوا على أنه لا يكون بمجرد العقد محصنا واختلفوا إذا دخل بها وادعى أنه لم يصبها قال حتى تقوم البينة أو يوجد منه إقرار أو يعلم له منها ولد وعن بعض المالكية إذا زنى أحد الزوجين واختلفا في الوطء لم يصدق الزاني ولو لم يمض لهما إلا ليلة وأما قبل الزنا فلا يكون محصنا ولو أقام معها ما أقام واختلفوا إذا تزوج الحر أمة هل تحصنه فقال الأكثر نعم وعن عطاء والحسن وقتادة والثوري والكوفيين وأحمد وإسحاق لا واختلفوا إذا تزوج كتابية فقال إبراهيم وطاوس والشعبي لا تحصنه وعن الحسن لا تحصنه حتى يطأها في الإسلام أخرجهما بن أبي شيبة وعن جابر بن زيد وابن المسيب محصنه وبه قال عطاء وسعيد بن جبير وقال بن بطال أجمع الصحابة وأئمة الأمصار على أن المحصن إذا زنى عامدا عالما مختارا فعليه الرجم ودفع ذلك الخوارج وبعض المعتزلة واعتلوا بأن الرجم لم يذكر في القرآن وحكاه بن العربي عن طائفة من أهل المغرب لقيهم وهم من بقايا الخوارج واحتج الجمهور بأن النبي صلى الله عليه وسلم رجم وكذلك الأئمة بعده ولذلك أشار علي رضي الله عنه بقوله في أول أحاديث الباب ورجمتها بسنة رسول الله صلى الله عليه وسلم وثبت في صحيح مسلم عن عبادة أن النبي صلى الله عليه وسلم قال خذوا عني قد جعل الله لهن سبيلا الثيب بالثيب الرجم وسيأتي في باب رجم الحبلى من الزنا من حديث عمر أنه خطب فقال ان الله بعث محمدا بالحق وأنزل عليه القرآن فكان مما أنزل آية الرجم ويأتي الكلام عليه هنا مستوفى إن شاء الله تعالى قوله وقال الحسن هو البصري كذا للأكثر والكشميهني وحده وقال منصور بدل الحسن وزيفوه قوله من زنا بأخته فحده حد الزاني في رواية الكشميهني الزنا وصله بن أبي شيبة عن حفص بن غياث قال سألت عمر ما كان الحسن يقول فيمن تزوج ذات محرم وهو يعلم قال عليه الحد وأخرج بن أبي شييبة من طريق جابر بن زيد وهو أبي الشعثاء التابعي المشهور فيمن أتى ذات محرم منه قال تضرب عنقه ووجه الدلالة من حديث علي أنه قال رجمتها بسنة رسول الله فأنه لم يفرق بين ما إذا كان الزنا بمحرم أو بغير محرم وأشار البخاري الى ضعف الخبر الذي ورد في قتل من زنى بذات محرم وهو ما رواه صالح بن راشد قال أتى الحجاج برجل قد اغتصب أخته على نفسها فقال سلوا من هنا من أصحاب رسول الله صلى الله عليه وسلم فقال عبد الله بن المطرف سمعت رسول الله صلى الله عليه وسلم يقول من تخطى الحرمتين فخطوا وسطه بالسيف فكتبوا الى بن عباس فكتب إليهم بمثله ذكره بن أبي حاتم في العلل ونقل عن أبيه أنه روى عن مطرف بن عبد الله بن الشخير من قوله قال ولا أدري أهو هذا أو لا يشير الى تجويز أن يكون الراوي غلط في قوله عبد الله بن مطرف وفي قوله سمعت وانما هو مطرف بن عبد الله ولا صحبة له وقال بن عبد البر يقولون إن الراوي غلط فيه وأثر مطرف الذي أشار اليه أبو حاتم أخرجه بن أبي شيبة من طريق بكر بن عبد الله المزي قال أتى الحجاج برجل قد وقع على ابنته وعنده مطرف بن عبد الله بن الشخير وأبو بردة فقال أحدهما اضرب عنقه فضربت عنقه قلت والراوي عن صالح بن راشد ضعيف وهو رفدة بكسر الراء وسكون الفاء ويوضح ضعفه قوله فكتبوا الى بن عباس وابن عباس مات قبل أن يلي الحجاج الإمارة بأكثر من خمس سنين ولكن له طريق أخرى الى بن عباس أخرجها الطحاوي وضعف راويها وأشهر حديث في الباب حديث البراء لقيت خالي ومعه الراية فقال بعثني رسول الله صلى الله عليه وسلم الى رجل تزوج امرأة أبيه أن أضرب عنقه أخرجه أحمد وأصحاب السنن وفي سنده اختلاف كثير وله شاهد من طريق معاوية بن مرة عن أبيه أخرجه بن ماجة والدارقطني وقد قال بظاهره أحمد وحمله الجمهور على من استحل ذلك بعدم العلم بتحريمه بقرينة الأمر بأخذ ماله وقسمته ثم ذكر في الباب ثلاثة أحاديث الحديث الأول

[...]

(Fath Al Bari)

361 ــــ وأجمعوا على أنه وإن دخل عليها، وأقام معها زماناً، ثم مات أو ماتت فزنا الباقي منهما، لم يرجم حتى يقر بالجماع

632 ــــ وأجمعوا على أن الحر إذا تزوج تزويجاً صحيحاً، ووطئها في الفرج، أنه محصن يجب عليهما الرجم إذا زنيا.

634 ــــ وأجمعوا أن المرجوم يداوم عليه الرجم حتى يموت

635 ــــ وأجمعوا على أن المرأة إذا اعترفت بالزنا، وهي حامل: أنه لا ترجم حتى تضع حملها

(Kitab Al Ijma, Ibn Mandhar)

182- ‏(‏ قصة ماعز في الزنى ورجمه‏)‏‏.‏
- أورده فيها من حديث ‏ 1‏ جابر بن عبد اللّه ‏ ‏2‏ ‏ وابن عباس ‏‏ 3‏ ‏ وبريدة ‏‏4‏ وجابر بن سمرة ‏ ‏5 ‏ وأبي سعيد ‏‏6‏ واللجلاج ‏7‏‏ ونعيم بن هزال ‏8‏ ‏ وأبي هريرة ‏9‏ وأبي‏ ‏10‏ ورجل من الصحابة ‏11‏ ومرسل ابن المسيب ‏‏12‏ وأبي بكر الصديق ‏13‏ وأبي ذر ‏14‏ ‏ ونصر والد عثمان ‏15‏‏ وأبي برزة الأسلمي ‏16 ‏ومرسل عطاء بن يسار 17‏ والشعبي ‏ 18‏‏ وأبي أمامة بن سهل بن حنيف ثمانية عشر نفساً‏.‏
‏(‏قلت‏)‏ وفي الشرح الكبير للرافعي ما نصه والرجم مما اشتهر عن النبي صلى اللّه عليه وسلم في قصة ماعز والغامدية واليهوديين على ذلك جرى الخلفاء بعدع فبلغ حد التواتر اهـ‏.‏
وقد أقره الحافظ في تخريج أحاديثه وفي فتح القدير للكمال ابن الهمام ما نصه ثبوت الرجم عن رسول اللّه صلى اللّه عليه وسلم متواتر المعنى كشجاعة على وجود حاتم والآحاد في تفاصيل حده وخصوصياته أما أصل الرجم فلاشك فيه

(Al KAttanis Nazm)

Our Liege Lord Umar said on the Pulpit:

– Umar said: Allah sent Muhammad (saw) with the truth and revealed the Holy Book to him, and among what Allah revealed, was the Verse of the Rajam (stoning of married person who commit adultery) and we did recite this Verse and understood and memorised it. Allah’s Apostle (saw) did carry out the punishment of stoning and so did we after him. I am afraid that after a long time has passed, somebody will say, ‘By Allah, we do not find the Verse of the Rajam in Allah’s Book’, and thus they will go astray by leaving an obligation which Allah has revealed.”

Sahih Bukhari

– Umar said from the pulpit: Allah’s Messenger forbade muta after allowing it on three occasions, so if I see any married person practicing it I shall order his stoning, unless he produces four witnesses saying that Allah’s Messenger allowed it.

Ibn Majah

The chain of transmission for the report in question goes to Hazrat Umar, making this an arrested chain (mauquf). But the report concerns something concerning the time of the Prophet, which renders the hadith implicitly raised to the Prophet (Marfu’ Hukman).

So, this type of report *does* have the same legal force as reports from the Prophet.

There was a concensus before the 4th century regarding the punsihment of stoning, as stated by the Shafi Imam Ibn Mundhar in his Kitab Al Ijma. Further, Ibn Qudama states there was a consensus amongst the Sahaba regardsing this in his Mughni, thus binding the issue. It is impossible for the ummah to be mistaken in their consensus, because to do so is tantamount to the entire ummah being misguided.

Anyone who deliberately dissents with the Consensus that he knows and understands is in place: he is an apostate and disbeliever by Consensus.

Source: Ibn Hazm, Maratib al-ijma` p. 126.

Wallahu A’lam

Posted in Uncategorized | Tagged , | Leave a comment

Rajm

This was taken from a post on SunniForum.com by user “ridhwan”.


Assalam Alaikum
Just had this reply to a question I asked to the Ulema in regards to Rajm from a few years back.

It was in reply to a modernist who denied Rajm and was relating to works by the deviant (translator & commentator of the Quran) Muhammad Asad.

Muhammad Asad, The Message of The Qur’an (Gibraltar, 1980). l edn. Translated in chaste, idiomatic English by a convert from Judaism to Islam. However, it contains some serious departures from the orthodox viewpoint on a number of Qur’anic statements. Asad appears to be reluctant to accept the literal meaning of some Qur’anic verses. For example, he doubts the throwing of Ibrahim into fire, Jesus speaking in the cradle; refers to Khidr and Dhulqarnain as mythical figures and expresses unconventional views on abrogation (Naskh) theory 

Respected Brother,

Assalâmu’alaikum Warahmatullâhi Wabarakâtuh

We acknowledge receipt of your queries and we appreciate your concern. Our reply follows hereunder: -

It is true that the rejection of Rajm was a salient feature of the Khawaarij and some Mu’tazilites. Although there are some factions of the Khawaarij that are existent today and the Mu’tazilites are almost dormant, there always have been a few liberals that come up with fresh ideas.

This scribe can be from the Khawaarij, the liberals, but he is definitely as you say a confused person. This concise response however, will only be of benefit to the confused person, not someone who has adopted a certain stance, cooks up a history, and then presents them as facts. We will now highlight some of the points of distortion and respond accordingly with the help of Allâh Ta’âlâ.

He says after quoting from the Message of The Qur’an by Muhammad Asad: So, obviously, Muhammad Asad considers this law of Allâh to be applicable to both what is called fornication AND what is called adultery in the West.

Response: Muhammad Asad’s word is as good as yours, he is not an authority in Shari’ah.

He says: “So whose word should we take? The Qur’an’s or other sources?”

Response: This stereotyped attitude emerges from emotionalism, because of the stern stance that Shari’ah has adopted against adultery. On the contrary, the Qur`ân says:

And the male thief and the female thief cut off their hands as a recompense for that which they committed, a punishment by way of example from Allah. An Allah is All-Powerful, All-Wise. [ Surah Al-Ma’idah ]

So if someone steals a needle, the Hadîth says that you will not cut his hand because it is not of a certain value and furthermore if the prescribed amount as explained in the Hadîth is stolen, then the Hadîth says that the hand will be cut at the wrist, not the whole hand as is implied in the Qur’an.

So whose word should we take? The Qur’an’s or other sources?

The Qur`ân says: Forbidden to you (for marriage) are:, your foster mothers who suckled you, your foster milk sucking sisters. All others are lawful for you, provided you seek (them in marriage) with dowry.[ Surah An-Nisaa’: 23-24 ]

The Hadîth says that it is not permissible for the husband of the wet nurse to get married to anyone whom she had breast-fed.

So whose word should we take? The Qur`ân’s or other sources?

The Qur`ân says: Forbidden for you (for marriage) are: … and two sisters in wedlock at the same time, …All others are lawful for you. [ Surah An-Nisaa’: 23-24 ]

The Hadîth says that you should not combine the aunt and the niece in wedlock.

So whose word should we take? The Qur`ân ’s or other sources?

The Qur`ân says: O you who believe! When you intend to offer Salaah. If you are in a state of Janabah (i.e. sexual discharge), purify yourselves thoroughly (i.e. have a bath). But if you are ill or on a journey, or any one of you comes after answering the call of nature, or you have been in contact with women and you find no water, then perform tayammum. [ Surah Al-Ma’idah: 6 ]

The Hadîth says that a lady cannot read Salaah in the condition of menstruation. So whose word should we take? The Qur`ân’s or other sources?

If your response might be in compliance with the above type of analogies then we would like to inform you that these were the practices of the Azaariqah sect of the Khawaarij. Also for your information, they used this same type of analogy to reject the punishment of Rajm.

He says: It can easily be seen to be the product of fiqhi controversies in the first century.

Response: This assertion is merely to accommodate your concoction, giving the impression that it was a controversy of the Sahabah radhiallâhu ‘anhum. Yes it is the product of a controversy that raised its head in the time of Hadhrat ‘Ali radhiallâhu ‘anhu in the prophesized form of the Khawaarij.

Rajm was established in the time of Rasulullâh sallallâhu alaihi wasallam and he himself also acted upon it. It is narrated by so many Sahabah radhiallâhu ‘anhum from Rasulullâh sallallâhu alaihi wasallam that to deny it will be calling night, day, and day, night.

Ahaadeeth

The Sahabah radhiallâhu ‘anhum who narrate it from Rasulullâh sallallâhu alaihi wasallam are as follows:-

‘Umar radhiallâhu ‘anhu narrates Rasulullâh sallallâhu alaihi wasallam making Rajm which is reported on the authority of Bukhari.

‘Uthmaan ibnu ‘Affaan radhiallâhu ‘anhu narrates that Rasulullâh sallallâhu alaihi wasallam made the blood of an adulterer and stoning him halaal. This is reported on the authority of Nasai and Darimi.

‘Ali radhiallâhu ‘anhu narrates Rajm being the Sunnah of Rasulullâh sallallâhu alaihi wasallam narrated on the authority of Bukhari and Musnad Ahmad.

‘A’ishah radhiallâhu ‘anha narrates the law of an adulterer is stoning which is narrated on the authority of Muslim, Abu Dawood and Hakim.

‘Abdullah ibnu Mas’ood radhiallâhu ‘anhu narrates the permissibility of the blood of an adulterer which is reported by Bukhari and Muslim.

Abu Umamah ibnu Sahl radhiallâhu ‘anhu narrates the stoning of Ma’iz radhiallâhu ‘anhu which is reported by ‘Abdur Razzaq.

Anas ibnu Malik radhiallâhu ‘anhu reports the permissibility of the blood of an adulterer which is reported on the authority of Tabrani as is mentioned in Majma’uz Zawaaid. He also reports Rasulullâh sallallâhu alaihi wasallam, Abu Bakr radhiallâhu ‘anhu and ‘Umar radhiallâhu ‘anhu stoning a person which is reported by Abu Ya’laa as is mentioned in Majma’ and Matalib- ul-‘Aliyah.

Jabir ibnu ‘Abdullah radhiallâhu ‘anhu narrates the incident of Ma’iz which is reported by Bukhari. He also narrates the incident of the stoning of the Gamidi lady which is reported by Hakim.. He also reports the stoning of a person which is reported by Abu Dawood.

‘Abdullah ibnu Abi Aufaa radhiallâhu ‘anhu narrates Rasulullâh sallallâhu alaihi wasallam stoning someone which is reported by Bukhari and Muslim.

Abu Hurairah radhiallâhu ‘anhu narrates the incident of the stoning of Ma’iz radhiallâhu ‘anhu which is reported by Bukhari and Muslim. He also narrates the incident of ‘Aseef which is reported by Bukhari and Muslim. He also reports the stoning of an unnamed person which is reported by Tabrani as is mentioned in Majma’.

‘Abdullah ibnu ‘Abbas radhiallâhu ‘anhu narrates the Khutbah of ‘Umar radhiallâhu ‘anhu wherein he narrates about Rajm which is reported by Bukhari and Muslim.

‘Ubaadah ibnu Samit radhiallâhu ‘anhu narrates the stoning of an adulterer which is reported by Muslim.

Jabir ibnu Samurah reports the stoning of Ma’iz radhiallâhu ‘anhu which is reported by Muslim.

Abu Sa’eed Khudri radhiallâhu ‘anhu reports the incident of Ma’iz radhiallâhu ‘anhu which is reported by Muslim.

‘Imraan ibnu Husain radhiallâhu ‘anhu reports the incident of the stoning of the Gamidi lady which is reported by Muslim. He also narrates about Rasulullâh sallallâhu alaihi wasallam stoning a person which is reported by Ahmad.

Buraidah ibnul Husaib radhiallâhu ‘anhu reports the incident of Ma’iz radhiallâhu ‘anhu which is reported by Muslim. He also reports the stoning of the Gamidi lady which is reported by Muslim.

Nu’aim ibnu Hazzaal radhiallâhu ‘anhu narrates the incident of the stoning of Ma’iz which is reported by Abu Dawood.

Hazzaal Al-Aslami radhiallâhu ‘anhu narrates the stoning of Ma’iz which is reported by Hakim.

Nasr ibnu Dahr reports the incident of Ma’iz which is reported by Ahmad and Darimi.

An unknown Sahabi also reports the incident of Ma’iz which is reported in Majma’uz-Zawaa’id and Musnad Ahmad.

Abu Barzah radhiallâhu ‘anhu narrates the incident of Ma’iz which is reported by Ahmad and Tabrani as is mentioned in Majama’uz Zawaaid.

Al-Lahlaaj radhiallâhu ‘anhu narrates the stoning of an unnamed person which is reported by Abu Dawood and Ahmad.

Zaid ibnu Thabit radhiallâhu ‘anhu narrates the stoning of an adulterer which is reported by Hakim.

Ubaiyy ibnu Ka’b narrates the stoning of an adulterer which is reported by Baihaqi and Hakim.

‘Ajmaa radhiallâhu ‘anha narrates the stoning of an adulterer which is reported by Hakim and Tabrani as is mentioned in Talkhees.

This is a casual list of the Sahabah who report stoning from Rasulullâh sallallâhu alaihi wasallam and we have not made an effort to include reported stoning by the Sahabah themselves.

As-Suyooti rahmatullâhi alaih and Al-Kattani rahmatullâhi alaih have claimed that the Ahaadeeth narrating the stoning of Ma’iz radhiallâhu ‘anhu alone are of the Mutawaatir category and they have listed eighteen Sahâbah from whom it is narrated.

Ijmaa’

1. The stoning is also established by Ijmaa’ of the Sahabah which reported by ‘Umar radhiallâhu ‘anhu in the narration of Bukhari on the authority of ibnu ‘Abbas radhiallâhu ‘anhu wherein he says that:Rasulullâh sallallâhu alaihi wasallam made Rajm and we made Rajm after him

.. and commenting on this Mullah ‘Ali Qari rahmatullâhi alaih says: This statement indicates that Ijmaa was enacted after him (Rasulullâh sallallâhu alaihi wasallam.)

2. There is Ijmaa’ of all four Madhaahib on the stoning of an adulterer.

Ijmaa’ (consensus) of the Ummah on the stoning of the adulterer has been recorded by:

ibnu ‘Abdul Barr (he also quotes it being the consensus of the Sahabah and the Mahadditheen)

Ibnul-Munthir.

Ibnu Hazm.

Qadhi ‘Iyaadh. (he also quotes it being the consensus of the Ummah in word and practice).

Ibnu Battaal (he also quotes it being the consensus of the Sahâbah).

An-Nawaawi (he quotes it being the consensus of the Ummah in word and practice).

Abu Bakr Al-Jassaas and many others.

After all these quotations a person is better off doubting himself in the understanding of this Shar’i Law instead of being bold in the face of the Sahabah and the Mujtahideen.

He says: “There is no reasonable explanation in sight as to why”

Response: ‘Allamah Zurqaani rahmatullâhi alaih responds to this allegation saying that having no reason for the removal of this aayah from the Qur`ân does not prove that this was not in the Qur`ân. If a person uses analogy like this he will be claiming that ignorance is one of the forms of acquiring knowledge and no sane person is of this opinion.

What we are concerned about here is that this was part of the Qur`ân and this is proven by authentic Ahaadeeth that will be presented further on. There are reasons given by some Scholars as to why this Aayah was possibly removed from the Qur’an either by using narrations or by assumption. For obvious reasons, we will only confine ourselves to those who used Ahaadeeth.

Ibnu Hajar rahmatullâhi alaih says that there is a narration reported by Hakim on the authority of Zaid ibnu Thabit radhiallâhu ‘anhu that he and Sa’eed ibnul ‘Aas were writing the Mushaf and they passed this Aayah, so Zaid said: I heard Rasulullâh sallallâhu alaihi wasallam say: “The elderly man and elderly lady, stone them without doubt”.

So ‘Umar radhiallâhu ‘anhu said: When this Aayah was revealed I came to Rasulullâh sallallâhu alaihi wasallam and I asked: Should I write it? It seemed that he (Rasulullâh sallallâhu alaihi wasallam) did not like the idea, so ‘Umar radhiallâhu ‘anhu says: Do you not see that if an elderly man fornicates whilst he never married and on the other hand if a youngster commits adultery and he is married he will be stoned.

Commenting on this Ibnu Hajar rahmatullâhi alaih says that we understand from this Hadîth that this Aayah was not written because the practice is not on the apparent meaning.

Ibnu Hajar also mentions another narration of reported by ibnu-Durais that ‘Umar radhiallâhu ‘anhu addressed the people saying: “Don’t doubt Rajm because it is true and I had the desire to write it in the Mushaf so I asked Ubayy ibnu Ka’b, and he replied: “Do you not remember that I wanted to ask Rasulullâh sallallâhu alaihi wasallam to recite it for me, then you struck me on my chest and you said: Do you want to ask him (Rasulullâh sallallâhu alaihi wasallam) to recite the Aayah of Rajm for you while they are mounting, like how they mount donkeys”.

Commenting on this ibnu Hajar rahmatullâhi alaih says that the narrators in the chain are reliable and in this Hadîth there is an indication to why the recitation was abrogated and that is because of differences.

Although these two Ahadeeth are sound for extracting law from them (which are a good enough authority for all those who have an elementary knowledge of Hadîth), they might not be palatable to some whose opinion has no credibility, but we repeat that the most you can claim is that there is no apparent reason for the removal of the Aayah, not that it wasn’t there.

He says: “Notice that both the versions talk about people who will object to the penalty of stoning”

Response: We will rephrase your deduction because it is not supporting the structure of your analogy. It should read: “Rather the opposition in question arose out of much later legal controversies about the penalty for adultery,” because the basis for them rejecting the punishment is that it is not found in the Qur`ân. So this objection can be co-existent with the traditions as well. There is no reason for implying that these Ahaadeth were coined.

The Khawaaarij do not accept Ijmaa (consensus) and neither do they accept narrations unless they reach the degree of Tawaatur (i.e. such an amount of people narrate it that it is not possible for it to be forged.) For detailed discussions on the authority and infallibility of Ijmaa’ you can refer to the books on Usool-ul-Fiqh.

He says: “Apparently, this objection was met with increasing force as time passed, as we can see by comparing the two versions.”

Response: This is again another figment of your imagination. On what basis did you make this, the first and that, the second version? In fact we can prove quite the opposite. These two versions are in reality from one origin and the difference in the variations is because one of the narrators, Sufyaan, did not memorize it well from his teacher Zuhri rahmatullâhi alaih.

In a narration quoted by Humaidi in his Musnad, Sufyaan says: We came to meet Zuhri at the residence of ibnul-Jawaaz and Zuhri said: If you wish I could narrate twenty Ahaadeeth for you, and if you wish I could mention the Hadîth of Saqeefah to you. (Sufyaan says) I was the youngest from amongst us so I wished that he does not narrate it (i.e. the Hadîth of Saqeefah) because of its length. The group said: Narrate the Hadîth of Saqeefah! So Zuhri narrated it from ‘Ubaidullah bin ‘Utbah bin Mas’ood from ibnu ‘Abbas from ‘Umar, and I memorized a few aspects then Ma’mar narrated the rest to me”.

This portion which he had heard from Ma’mar is also mentioned in the Musnad of Humaidi wherein Humaidi says that he heard from Sufyaan who says that he heard from Ma’mar who heard from Zuhri who in turn narrates from ‘Ubaidullah who says that I heard ‘Umar ibnul Khattaab on the pulpit saying: “..and from amongst those things which Allâh Ta’âlâ had revealed was the Aayah of Rajm”. Sufyaan says: “I heard it from Zuhri at length and I had memorized a few things and this is from those aspects which I did not memorize that day”.

So, instead of shooting arrows in the dark, we have found an explicit reason for the difference in the variations. Although Sufyan is a reliable narrator but in this instance, he admits that he did not memorize it well. He also indicates the same in the narration of Bukhari wherein he says: “this is how I memorized”

Malik (in his Muwatta, Ahmad, ibnu Hibban, Darimi, Ikhtilaaful Hadîth of Shafi’I), Ma’mar (in Musnad Ahmad, Tirmidhi, and Humaidi in his Musnad), Salih (in Bukhari), Yunus (in Muslim, Abu ‘Awaanah in his Musnad and Nasai), Hushaim (in Abu Dawood and ibnu Hibban), ‘Abdullah ibnu Hazm (in Al-Kubra of Nasai), ‘Uquail (in Al-Kubraa of Nasai), all the students of Zuhri narrate it with the words “amongst what he revealed was the verse of Rajm”.

Furthermore Malik, Hushaim, and Salih narrate the words “we do not find the verse of Rajm”.

The words: “the penalty of Rajm is applicable in the book of God to ..” are narrated by the following students of Zuhri: Malik, Salih, Yunus, Abdullah ibnu Hazm and ‘Uqail.

In short, all these students of Zuhri mention a verse of Rajm, also that Rasulullâh sallallâhu alaihi wasallam, Hadhrat Abu Bakr radhiallâhu ‘anhu and ‘Umar radhiallâhu ‘anhu did rajm, that there will be group of people in the future who will oppose it and the people who reject this Aayah will be astray.

Ya’qoob ibnu Shaibah says that Ahmad ibnu ‘Abbas says that Yahya ibnu Ma’een says: “No students of Zuhri are more reliable than Malik, then Salih ibnu Kaisaan, then Ma’mar, then Yunus”.

Abu Hatim says: “The most reliable narrators of Zuhri are Malik and Ibnu ‘Uyainah”.

There are also sufficient narrations of the A’immah of Jarh-Wat-Ta’deel (those who source the reliability of narrators) stating that Sufyan is a very reliable narrator like the one previously mentioned but the point here is to show that these narrators are individual authorities yet they are all narrating the variations with the extras. It would have been very difficult to counter such a number of reliable narrators from Zuhri with Sufyaan alone on the one side, but nevertheless we have clear-cut admission from Sufyaan that he did not memorize well.

However, by asserting that as time went by, these narrators started cooking up more concoctions to suit their fancy is actually accusing every narrator from the time of Bukhari rahmatullâhi alaih right up to ‘Umar radhiallâhu ‘anhu of fabricating lies to Rasulullâh sallallâhu alaihi wasallam and only a bereft soul is bold enough to be a defendant, up against these Imams on the Day of Judgement.

He says: “Nevertheless the supporters of the stoning penalty won the day, the reason is not hard to find”

Response: Yes the reason is not hard to find:

The profuse amount of Ahaadeeth regarding it dispels all doubt.

All the A’immah Mujtahideen accepted it then undoubtedly we accept.

Ijmaa of the Sahaabah, Fuqahaa and the Muhadditheen is a means of conviction for us.

He says: “At the same time many trusting muslims were misled by the traditions which used the authority of ‘Umar and then the Prophet and then the book of God to support the stoning penalty”.

Response: We have already enumerated the amount of students of Zuhri who had narrated this. Which fabricator of Hadîth did you find in any of the chains of narrators, or do you have a problem with any of the Muhadditheen who have narrated this in their Books? Do you have a problem with Bukhari?!!!

The trusting Muslims were not misled but rather they were convinced by the overwhelming number of Sahabah radhiallâhu ‘anhu who narrate stoning from Rasulullâh sallallâhu alaihi wasallam. They have reason and proof for accepting these while others choose to follow their emotions and reject authentic Ahadeeth which as a whole, give the benefit of Tawaatur.

He says: “Then some scholars came up with concepts of mansukh al-tilawah”

Response: Again your analogy has to be restructured. The Scholars did not come up with concepts to accommodate some fabrication, but rather these Ahaadeeth were the basis for them recognizing this principle and because of the demands of the authenticity of these Ahadeeth, and the practice of the people accordingly, they understood that something can be mansukhut-tilaawah and not mansukhul-‘amal. This is how the Scholars work, they have proof for their principles.

On the other hand, after your thorough research you found that these Ahaadeeth were getting more and more saucier as time went by, you couldn’t understand why the Scholars were compelled to recognize this principle.

He says: “The results of these earlier generation of Muslim researchers are taken by many Muslims as reliable enough but there is also a feeling buried in the Muslim psyche that these results, like the results of any science are subject to revision”.

Response: Maybe this is a doubt that lingers in your psyche but all those whose opinion is credible are unanimous that the conclusions that were drawn by the Muhadditheen, the like of Shu’bah rahmatullâhi alaih, Zuhri rahmatullâhi alaih, Bukhari rahmatullâhi alaihi, Abu Hatim rahmatullâhi alaih and other Huffaaz of Hadîth are undoubtedly accepted and we are not willing to trade them for the revisions of simpletons like yourself.

Yes the results of SCIENCE are subject to revision because of its inconsistency, but this does not apply to any science, especially Hadîth, unless you can prove that you have more knowledge than Bukhari and Muslim just as a chemist or doctor can prove that they have more knowledge than Louis Pasteur or Marie Curie, or that you know some Ahaadeeth which would have compelled the like of Bukhari to travel to you.

You cannot label whatever you feel as a science, then paste your western brainwashed principles on it.

This science of Hadîth is such that we can be rest assured that the further we are from the Golden Era of Prophethood, the more our retrogression. We therefore choose to follow these Great Huffaaz upon whom we trust for preserving, sorting and presenting the Ahaadeeth to us. Islâm has seen thousands of Muhadditheen and Fuqahaa but none of them have come to conclusions like yourself and you can show us nothing that says you are more learned than they are.

Whose word should we take yours or theirs?

He says: “I see nothing wrong with going against the traditional ruling on Rajm!”

Response: We invite you to convert or revert to the Ahlus-Sunnah wal Jamaa’ah.

Ibnu Hazm rahmatullâhi alaih says: All the Azaariqah who are the followers of Nafi’ ibnul Azraq are of the opinion that Rajm has no basis, and they cut the hand of the thief from the shoulder and they are of the opinion that a woman in menstruation should read Salaah and fast.

Shahrastani rahmatullâhi alaih says that “the major denominations of the Khawaarij are six: “The Azaariqah,..”

He further says: “The Bid’ah of the Azaariqah are eight: and the fourth is that they don’t view Rajm as a punishment because it is not mentioned in the Qur`ân and neither do they view punishment of one who accuses men of adultery in contrast to the lady who is accused of adultery”.

He says: “It is not giving the other sources of Islâm their true place that can create problems”.

Response: A good example is rejecting Ijmaa’ and Tawaatur.

He says: “However, even many of the ahadith that are classified as sahih are subject to much greater doubt than is generally believed”.

Response: Your emotionalism in one aspect of Shari’ah has cost you a lot. First you were forced to reject Tawaatur and Ijmaa by saying: I see nothing wrong with going against the traditional ruling on Rajm!!”

Now you are compelled to even doubt Sahih Ahaadeeth!! I am sure that you are now in a qualified position to explain to us the verse: “Have you seen him who takes his own lust as his deity? And Allâh Ta’âlâ knowing (him as such), led him astray, and sealed his hearing and his heart, and put a cover on his sight. Who then will guide him after Allah? Will you not then take heed?”[ Surah Al-Jathiyah: 23 ]

This doubt that you have created in the Sahih Ahaadeeth, who has this doubt? Who is going to do us the kind favor of sorting them out? You!!

He says: “To believe this one, one would HAVE to believe that ahadith can abrogate the Qur`ân? Which is not the case”.

Response: In the case of Rajm one does not have to believe that the Hadîth can abrogate the Qur`ân because all the proofs establishing Rajm simultaneously prove that Rasulullâh sallallâhu alaihi wasallam, the Sahâbah radhiallâhu ‘anhum, the Fuqahaa and the Muhadditheen rahmatullâhi alaihim understood that this Aayah in Surah-An-Nur only refers to the fornicator. Whose understanding of the Qur`ân should we take? Theirs or yours! Some new understanding dawned solely upon you after fourteen hundred years of the practice of the Ummah on this law.

If this too is not palatable for some, then Allamah Sarakhsi rahmatullâhi alaih explains that because of the Ahaadeeth of Umar radhiallâhu ‘anhu, (and Ubayy ibnu Ka’b, Zaid ibnu Thabit, ‘Ajmaa’ radhiallâhu ‘anhum) which inform us of the Aayah that was in the Qur`ân, we will call this abrogation of the Qur`ân by the Qur`ân, or it can be explained in this way that the Aayah in Suratun-Nisaa’ which tells us of house-arresting them is only confined to a certain time which is “until Allâh Ta’âlâ makes way for them”

.. and Rasulullâh sallallâhu alaihi wasallam then explained in the Hadîth which is reported by Muslim from ‘Ubaadah ibnu Thabit radhiallâhu ‘anhu: “Take from me! Take from me! Allâh Ta’âlâ has made a way for them, (for) the fornicator with the fornicator a hundred lashes and banishment for a year and (for) the adulterer with the adulterer a hundred lashes and stoning”, so this is mere explanation of a law which is broadly mentioned in the Qur`ân (as is the case with Salaah and Zakaah).

Ibnu Hajar rahmatullâhi alaih says that what is unacceptable is abrogation of the Qur`ân by Sunnah if the Sunnah is related to us by a single narration, but as for a Sunnah which is coming down to us by many well-known narrations than there is no difference of opinion that abrogation can take place. This is also if we say that this is abrogation, otherwise this is merely exclusion of the married person (by these numerous Ahadeeth).

He says: “In the case of Rajm, the Qur’anic term is very clear. The ahadith supporting rajm contradict that. Therefore, the Qur`ân must be accepted and the ahadith concerning ‘zina’ must be rejected”.

Response: This will only apply if the Hadîth is not Mutawaatir and if Rajm is based on Hadîth only. Rajm is mentioned in an overwhelming number of Ahaadeeth (as was enumerated before). All the Sahabah understood that Rajm was binding on the adulterer (as was explained before). All the Fuqahaa and the Muhadditheen and the Ahlus-Sunnah wal Jamaa’ah understood the same. They had this same Qur`ân in front of them with this same Aayah in it. They saw Rasulullâh sallallâhu alaihi wasallam ordering the stoning of an adulterer and they themselves stoned the adulterer.

It seems that you have understood different!! Should we leave the Sahabah radhiallâhu ‘anhum and follow you! Which Nabi did you see?!!

We conclude by making Du’a that Allâh Ta’âlâ makes you understand the above contents and that he grants us and you the same frame of understanding like those who have passed on the Qur`ân to us.

AND ALLÂH TA’ÂLÂ KNOWS BEST.

Masood Cassim

 

Jamiatul Ulema
Azaadville
14 February, 2001
20 Thul-Qa’dah, 1421

Posted in Uncategorized | Tagged , | Leave a comment