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Islamic Sharia Laws ( 17 Jul 2014, NewAgeIslam.Com)

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The Central Idea of Stoning Male and Female Adulterers: Differences between the Quran and the Thinking of Jurists

 

By Allama Rahmatullah Tarique

(Translated from Urdu by New Age Islam Edit Desk)

18 July, 2014

Differences between the Quran and the thinking of Jurists are very old. Quran claims that its sayings are beyond contradictions while the jurists have been toiling to prove their superiority in this matter.

1)    The Quran says,

Or [why is not] a treasure presented to him [from heaven], or does he [not] have a garden from which he eats?" And the wrongdoers say, "You follow not but a man affected by magic." “(25:8)

“We are most knowing of how they listen to it when they listen to you and [of] when they are in private conversation, when the wrongdoers say, "You follow not but a man affected by magic."     (17:47)

Though sorcery cannot affect even the common people, leave alone the Holy Prophet pbuh.

“And throw what is in your right hand; it will swallow up what they have crafted. What they have crafted is but the trick of a magician, and the magician will not succeed wherever he is." “ (20:69)

But the jurists of the town say that a Jew called Labeed Bin Aasam administered sorcery on the Holy Prophet pbuh. The effect of the magic was so powerful that the Prophet’s (pbuh) brain was affected and he suffered from the effect of the magic for about six months so much so that he did not even remember if he had been with his wife. (Bukhari)

2)  (Quran) says, “Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a bequest for the parents and near relatives according to what is acceptable - a duty upon the righteous. “.(Al Baquarah: 180).

That is, leaving a will for weak inheritors is mandatory. But the adversaries of the Quran say that there should be no will for the inheritors.

3) Quran says, “And if you brought to those who were given the Scripture every sign, they would not follow your Quiblah. Nor will you be a follower of their Quiblah. Nor would they be followers of one another's Quiblah. So if you were to follow their desires after what has come to you of knowledge, indeed, you would then be among the wrongdoers.“(Al Baquarah: 145)

But the jurists say that to appease the Jews, the Prophet pbuh faced towards the Bait ul Muqaddas probably for six months. That is the first Qibla.

4) Similarly, to appease the Kuffar, he (Holy Prophet) had praised their major idols whereas God’s ordainment is:(2:120) But our Elders say that the Holy Prophet pbuh praised Lat, Manat and Uza saying, “Of course, these big idols who are popularly known as Lat, Manat and Uza have the power of intercession, God does not reject their intercession.”(Ibn-e-Hajar)

5) The Holy Prophet pbuh was the possessor of the Quran that says, “And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].“(4:3 )

Whereas a minor girl does not have sexual sense and therefore will not be appropriate for sexual satisfaction. That means marriage should not be held with a minor girl. But those administering Halala and Mutah say that girls can be married off at the age of six or nine.

6) Similarly, there is a serious dispute over the issue that God has ordained hundred whips for adulterer male and female and does not say that if one of them is married his punishment will be death whereas biologically, the nature of adultery is the same no matter who commits it. But the adversaries of the Quran say that if an older male and older female commit adultery, the punishment is stoning. So, from these few words, Stoning can neither be inferred nor proved because in all the Arab literature, nowhere the meaning of Al Shaikh or Al Shaikha is mentioned as married man or married woman, neither in proverbs, nor in idioms nor in poetry or literature. So concocting or coining diction or meaning can be called wantonness and cannot be a part of the thinking of a wise person. This dishonesty has not either been sensed in the former age. The scholars of Quran of the modern age have termed it as anathema to rationality and wisdom.

Supreme Court advocate Chaudhary Mohammad Iqbal had filed a petition in Lahore Shariat Bench in 1979 which passed through various courts in three years and met its painful end. The fate of the long journey of Mr Iqbal was known to me from his own account in Sawt al Haque and with the courage and perseverance he faced the adversaries of the Quran is an example to be emulated. God may reward him. And it is also a fact that it was me who first threw a stone in this mucky water and created a stir. I was the driving force behind this anti-Quran tradition. (M57-59). I wrote an exegesis titled Mansukhul Quran in Makkah which is still available in the market.

No one realised the value of this voluminous work then but after a few years when Jamat-e-Islami again started creating a ruckus in the country on the basis of a political issue, and scholar from Quetta Late Ghulam Kibrya Tirgani called me. He had already discussed the issue of Rajam (stoning) with Justice Zakaullah Lodhi. Therefore, Mr Lodhi gave Mr Kibria a hint during my first informal meeting with him after which he drew the attention of Shariat Bench. On a date in 1977 the court summoned me. During those days Amirul Momineen Ziaul Haque confined writers, poets, journalists, students and political leaders in torture cells and considered me deserving of his favours too. My lawyers informed the court that he is already behind the bars and so he cannot be presented.

After that I could not know anything till 1981. When I was granted bail, my lawyers advised me to leave otherwise the people who have been given four ministries will keep you dragging to the court again and again. So I went to Madina. There I wrote the exegesis called Burhan ul Quran. When Ameerul Momineen (Ziaul Haque) died heavenly death, I returned to my home. I recall friends giving me loans. I published Burhan ul Quran which consists of 1019 pages. In that, I presented replies to the objections of the adversaries of the Quran. I carried on my defence of the Quran.

During my stay in Madina, Qazi Kifayatullah told me that on the demand of the Jamat, Ameerul Momineen had appointed Justice Aftab for the hearing of this case. Accepting my source as right, he though refused to accept stoning as Quranic ordainment, proposed to make it a legal punishment. But the opposition did not die down and so Ameerul Momineen referred the judgment to the Supreme Court. After studying the entire content, Supreme Court suggested to Ameerul Momineen to send it to Justice Aftab for a review. So it was done so.

However, instead of reviewing it, Justice submitted his resignation. After that, a new bench was formed in the name of Federal Shariah Court consisting of some Maulvi type persons. Taqi Usmani was made its head. This way, the adversaries of the Quran victimised the Quran. Now though Muhammad Iqbal has sent the Maulvis and government agencies their homes, it should be clear to them that I had built my defence of the Quran on strong foundation and so could attack the adversaries of the Quran easily. It is not self praise but I am only mentioning God’s help. Therefore, I played an important role in felling the wall of stoning from 1974 to 1981. During the same period, Maulana Amin Ahsan Islahi and Allama Umar Ahmad Usmani also opposed stoning openly.

Stoning, an inhuman culture:

It should be known to my friends that to me stoning is a bestial culture. Hafiz Ibn-e-Hajar (D 1449) has written about a Sahabi in his Fathal Bari 12th volume:

“I was herding goats from a hillock when I saw a monkey taking his female monkey inside a bush sleep there. The female monkey put her thigh under his head as a pillow and the male monkey soon started snorting. After some time I saw another young monkey who came there and accosted the female monkey with the gesture of his eyes. The female monkey removed her thigh from under the head of the sleeping monkey and replaced a big stone under his head. The two then copulated. The female monkey came back to the sleeping monkey and wanted to remove the stone from under the head of the monkey and replace her thigh under his head but in the process the monkey woke up. He smelled the female monkey’s private parts and started screaming. Many monkeys assembled there and after hearing his story scattered in every direction. After some time they brought the adulterer monkey and they stoned the two”. After narrating the story, the Sahabi says, “They were not  real monkeys. They were from the generations of the men who had violated Sabbath ordainments and been turned into monkeys. Stoning was a punishment in Torah.(Fathal Bari)”

This incident proves that stoning (rajam) is a bestial punishment, not a human one. But the problem is that people say distorted generations do not last, they become extinct.

If it is so, is there a strong law under which a species will exist for more than fifteen hundred years after the death of the Sahabi. In fact, creative laws of God are constant and unchanging. The intellectuals have suggested that by the ‘’Khasiyin” much uncivilized, lowly etc is meant. Their ways and life style had become so lowly and vulgar that the nobility had rendered them untouchables and had alienated them from the society. Imam Razi, Muhammad Abduh and Sir Syed have presented this explanation.

Dear readers! I did not include this incident of stoning in the original book because it created a wrong perception about the understanding of an original or fictitious Sahabi which was to me an insult to him and seemed mythical. In the end, I pray for Chaudhary Muhammad Iqbal who showed the adversaries of the Quran their true place.

Source: Monthly Sawtal Haque, Karachi June 2014

URL: http://www.newageislam.com/islamic-sharia-laws/allama-rahmatullah-tarique,-tr-new-age-islam/the-central-idea-of-stoning-male-and-female-adulterers--differences-between-the-quran-and-the-thinking-of-jurists/d/98183]

 

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