The practice of stoning (known as rajm in Arabic) under Sharia law refers to a form of capital punishment primarily for adultery (zina) committed by married or previously married individuals (muhsan). It involves burying the convicted person partially in the ground (typically up to the waist for men and chest for women to preserve modesty) and having a group of people throw stones at them until death, using stones neither too large to kill instantly nor too small to cause minimal harm. This punishment is classified as one of the hudud (fixed, divinely ordained penalties) in Islamic jurisprudence, aimed at offenses against God’s rights (haqq Allah). However, its implementation has historically been rare due to stringent evidentiary requirements, such as four eyewitnesses to the act of penetration or multiple voluntary confessions, along with mechanisms to introduce doubt (shubha) and encourage mercy.

Pre-Islamic Origins

Stoning as a punishment predates Islam and has roots in ancient Near Eastern legal traditions. It appears in Mesopotamian codes, Roman law, and particularly in Judaic law as outlined in the Torah (e.g., Deuteronomy 22:20-21 for adultery or promiscuity, Leviticus 20:13 for homosexuality). In pre-Islamic Arabia, tribal customs included various harsh penalties for sexual offenses, though stoning specifically was influenced by interactions with Jewish communities. Early Islamic sources, including hadiths (reports of the Prophet Muhammad’s sayings and actions), describe Muhammad initially applying stoning to Jewish adulterers in Medina in accordance with their own laws, before extending it to Muslims.

This reflects a continuity from Israelite and Talmudic practices, where stoning was one of four execution methods (along with burning, strangulation, and beheading) requiring two witnesses, prior warnings, and a court of 23 judges, emphasizing minimal pain and conducted outside city walls. 13 11

Basis in Islamic Scriptures: Quran vs. Hadith

The Quran, Islam’s primary scripture, does not explicitly prescribe stoning. Surah An-Nur (24:2) mandates 100 lashes for zina (unlawful sexual intercourse), applicable to both premarital and extramarital acts, without distinguishing between married and unmarried offenders. This has led to ongoing debates about stoning’s legitimacy. Instead, the punishment derives from the Sunna (traditions of the Prophet) as recorded in hadiths, considered the second most authoritative source in Islam. Collections like Sahih Bukhari and Sahih Muslim narrate instances where Muhammad ordered stoning for married adulterers, such as the case of Ma’iz ibn Malik, who confessed four times, with the Prophet probing for excuses (e.g., suggesting it was mere kissing) before proceeding. Other hadiths describe stoning for a Jewish couple and a Muslim woman who confessed. Caliph Umar ibn al-Khattab reportedly feared that omitting stoning might lead people astray, claiming a “verse of stoning” was once in the Quran but abrogated (replaced) while its ruling remained—though this narration is considered unreliable by some scholars. 11 10 13

During the Time of the Prophet Muhammad (7th Century)

Stoning was applied sparingly under Muhammad’s leadership in Medina (622–632 CE). There are about six documented cases in hadiths, all involving voluntary confessions rather than witness testimony. The Prophet emphasized mercy, instructing to “ward off the hudud as much as possible” and preferring errors in forgiveness over punishment. Procedures included partial burial, community participation (with witnesses or the judge throwing the first stones), and opportunities for retraction. If the convicted escaped the pit during stoning, the punishment was halted, interpreted as divine mercy. These early applications set a precedent for strict conditions: the offender must be adult, sane, Muslim (or in some views, any monotheist), and aware of the prohibition. 10 11

In the Caliphate and Medieval Period (7th–19th Centuries)

During the Rashidun Caliphate (632–661 CE), caliphs like Umar and Ali continued the practice but with added safeguards. Umar suspended hudud during famines (e.g., for theft), and Ali increased lashes for intoxication from 40 to 80 based on analogy. Stoning remained rare; historical records from the Abbasid (750–1258 CE) and Ottoman Empires (1299–1922 CE) show almost no executions—only one documented case in over 600 years of Ottoman rule, which was contravened as it involved a non-Muslim. Medieval jurists across Sunni schools (Hanafi, Maliki, Shafi’i, Hanbali) and Shia traditions formalized stoning for married adulterers and, in some cases, homosexual acts (though alternatives like beheading existed). They developed loopholes: confessions could be retracted at any time; pregnancy alone did not prove zina (with “sleeping embryo” theories allowing up to five years post-divorce); and shubha (any doubt, e.g., claims of rape or ignorance) nullified the penalty. Judges were encouraged to avoid testimony and cover faults (satr), making hudud more symbolic deterrents than practical tools. Sharia courts focused on civil matters like contracts and family law, leaving criminal enforcement limited. 10 11 12

Development in Islamic Jurisprudence (Fiqh)

All major Sunni schools accept stoning based on hadith consensus (ijma), though with variations: Hanafi limits it to previously married individuals and treats homosexuality lightly; Maliki uses pregnancy as proof for unmarried women but allows extended gestation defenses; Shafi’i and Hanbali extend it to sodomy with death penalties. Shia jurisprudence allows judicial discretion (e.g., stoning, sword, or fire for homosexuality) and values women’s testimony differently (half that of men). Evidentiary standards are high: four male witnesses (or combinations in Shia) to the exact act, no spying (tajassus), and public executions requiring at least three participants. Kharijites rejected stoning entirely, viewing it as un-Quranic. 11 13 12

Modern Times (20th Century–Present)

Stoning saw a resurgence in the 20th century with Islamism, a modern political movement seeking to enforce Sharia as state law to address issues like corruption. Countries like Iran (post-1979 Revolution, codified in 1983 Penal Code) introduced it, executing at least eight people by 2010, though a 2002 moratorium replaced it with alternatives; sentences persist, often for women. Saudi Arabia executed four between 1980–1992; Nigeria sentenced over a dozen since 2000 Sharia adoption in northern states, with some overturned on appeals. Other nations retaining it include Afghanistan (under Taliban), Sudan, UAE, and parts of Pakistan, though actual executions are infrequent. Non-state actors like ISIS (16 stonings 2014–2015 for adultery/homosexuality) and Boko Haram have used it in rebel areas. Brunei’s 2019 laws prescribing stoning for gay sex drew international condemnation, reflecting Shafi’i interpretations but diverging from historical rarity. 11 12 13

Debates, Scholarly Views, and Reforms

Scholars debate stoning’s Quranic absence, with Quranists and modernists (e.g., Javed Ahmad Ghamidi, who limits it to public prostitution as “mischief in the land”) rejecting it as un-Islamic or outdated. Most traditionalists uphold it via hadiths, citing Quranic verses on following the Prophet (e.g., 33:21). Human rights critiques label it torture, violating treaties like the ICCPR. Reforms in countries like Iran emphasize moratoriums, and broader calls for reinterpretation highlight its modern, politicized use rather than ancient norms—historically, Sharia was flexible and mercy-oriented, not state-enforced criminal code. 11 10 12