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8/3/2019 Abrogation (Naskh) and Punishment of Stoning (Rajm) in Islam
http://slidepdf.com/reader/full/abrogation-naskh-and-punishment-of-stoning-rajm-in-islam 1/12
Naskh, in its literal context, means the act of “bringing two things side by side, and transferring
the text in one to the other”. Naskh is also “abrogating something, to be substituted by another.”
This is the case wherein a provision in a verse is alleviated by another verse. This first verse is
called the mansukh, and the later is the nasikh [1].
Accordingly, the act of a person transferring a text he/she has written, to another place is naskh.
Such person removes part of that text, modifies another, and copies the exact wording of the most
of the text. The second version abrogates and supersedes the first one. The last book of Allah is
revealed so as to supersede the preceding ones. Allah did not transfer part of the provisions in
previous books to His last Book, replaced part thereof with better orders, and literally transferred
most of them as they are. Allah (SWT) commands:
.
“He has ordained for you that religion which He commended unto Noah, and that which
We reveal to you (Muhammad), and that which We commended unto Abraham and
Moses and Jesus, saying: Keep up the religion, and be not divided therein. ” (Ash-Shura/
Consultation 42:13)
There are new verses in Quran. These alleviated the provisions that existed in the previous
scriptures. Allah (SWT) commands:
.
“Those who follow the messenger, the Prophet who can neither read nor write, whom
they will find described in the Torah and the Gospel (which are) with them. He will
enjoin on them that which is right and forbid them that which is wrong. He will make
lawful for them all good things and forbids them only from the foul; and he will relieve
them of their burden and the fetters that they used to wear.” (Al-A‟raf/The Elevated Place
7:157)
There exists verses which, though were present in the previous books, were hidden from people
and disremembered over time. Some of these were quoted in Qur‟an, and some were not. This is
the reason why some verses are not present in the Old and New Testament, though they exist in
Qur‟an. Allah (SWT) commands:
.
“O People of the Book[2]! Now has Our messenger come unto you, disclosing unto you
much of that which you used to hide from the Book, and forgiving much. Now has come
unto you light from Allah and a plain Book.” (Al-Ma‟ida/ The Feast 5: 15)
There are additions made by people to the previous scriptures. We understand this from the
following verse:
.
“Therefore woe be unto those who write the Scripture with their hands and then say,
‗This is from Allah,‘ that they may purchase a small gain therewith. Woe unto them for
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that their hands have written, and woe unto them for that they earn thereby! [3] (Al-
Baqarah/ The Cow 2:79).
Such additions are not hard to be distinguished, since they distort the integrity. The People of
Scripture ( Ahl al-Kitab) should obey not to such additions, but to what Allah revealed to them.
Allah (SWT) commands:
.
“We did reveal the Torah, wherein is guidance and a light, by which the Prophets who
submitted themselves (to Allah) judged the Jews, and the rabbis and the scholars
(judged) by such of Allah‘s Book as they were bidden to observe, and thereunto were
they witnesses. So fear not mankind, but fear Me. And barter not My revelations for a
little gain. Whoso judged not by that which Allah has revealed: such are concealers.” (Al-
Ma‟ida/ The Feast 5:44).
.
“Let those who know the Gospel judge by that which Allah has revealed therein. Whoso
judged not by that which Allah has revealed; such are sinners (fasiqun).” (Al-Ma‟ida/ The
Feast 5:47)
(…)
One should refer to Quran to detect the additions made to previous books. Because, it is the task
of Quran to protect the truths in those books. Allah (SWT) commands:
.
―And unto you have We revealed this Book with the truth, confirming whatever Book was
revealed before with the evidences in It (Qur‘an) [4] , and protecting and guarding over
it (the preceding Books). So judge between them by that which Allah has revealed, and
follow not their desires away from the truth which has come unto you. For each We have
appointed a divine law and a clear way. Had Allah created (your belief) (without your
efforts) He could have made you one community. But that He may try you by that which
He has given you (He has made you as you are). So compete one with another in good
works. To Allah you will all return, and He will then inform you of that on which you
disagreed. ” (Al Maida/The Feast 5:48).
These verses suggest that Quran is the last copy of the scriptures revealed by Allah, abrogating the
previous ones. Now it is to be obeyed. Allah (SWT) commands:
.
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“Those who follow the messenger, the Prophet who can neither read nor write, whom
they will find described in the Torah and the Gospel (which are) with them. He will
enjoin on them that which is right and forbid them that which is wrong. He will make
lawful for them all good things and forbid them only from the foul; and he will relieve
them of their burden and the fetters that they used to wear. Those who believe in him,
and support him with respect and help him, and follow the light which is sent down with
him; it is those who will be successful.” (Al-A‟raf/ The Elevated Place 7:157)
Pointless debates have taken place on whether the sunnah, acts and words of the Prophet
(p.b.u.h), may abrogate the verses. The sunnah is subordinate to Quran. The subordinate may
not be judged separately from the principle [5]. Allah (SWT) commands:
.
Follow, [O Muhammad], what has been revealed to you from your Lord – there is no
deity except Him – and turn away from those polytheists (mushrikun). (Al-An‟am/ The
Cattle 6:106)
.
―And when Our revelations are recited unto them as clear evidences, they who look not
for the meeting with Us said: ―Bring a Quran other than this, or change it.‖ Say (O
Muhammad): ―It is not for me to change it of my own accord. I only follow what is
revealed to me. If I disobey my Lord I fear the chastisement of a tremendous
Day.‖(Yunus/ Jonah 10:15)
It goes without saying that, when a verse is abrogated, the words and practices of our Prophet
shall also be abrogated.
It is claimed that the meaning of a verse survives, after its wording is abrogated. For a verse could
only be abrogated by another verse, the later verse abrogates also the meaning of the previous
one, in addition to its wording.
The verse which describes the process of abrogation is the following one:
“Whatever verse We abrogate or cause to be forgotten, We bring one better than it or
like it. Do you not know that Allah has power over all things.” (Al-Baqara /The Cow 2:106).
Another verse is the following:
.
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“And when We replace (one) verse with (another)verse, and Allah knows best what He
reveals, they say: ―You are only a forger. No, most of them do not know.” ” (An-Nahl /The
Bee 16:101).
These verses prescribe two conditions for abrogation:
1. It should occur between verses / communications.
2. The abrogating verse should bear the same provision with, or a better provision than the one
contained in the former verse.
Consequentially, while the majority of verses in Quran involve the same provisions with the verses
of previous scriptures, some have alleviating provisions. The punishment for adultery is an
example of alleviation.
The punishment for adultery in Torah and Gospel is death sentence. Our Prophet also used to
practice this for some time. Qur‟an first converted this punishment into life imprisonment, and
then into 100 whip beats. Now let us see the course of abrogation on this issue in Torah, Gospel
and Quran.
A-PUNISHMENT FOR ADULTERY IN TORAH
Following is quoted from the Levites Section 20:
10.And the man that committed adultery with another man’s wife, even he that committed
adultery with his neighbour’s wife, the adulterer and the adulteress shall surely be put to death.
11.And the man that slept with his father’s wife has uncovered his father’s nakedness: both of
them shall surely be put to death; their blood shall be upon them. .
12. And if a man sleep with his daughter in law, both of them shall surely be put to death: they
have wrought confusion; their blood shall be upon them
13.If a man also sleep with mankind, as he slept with a woman, both of them have committed an
abomination: they shall surely be put to death; their blood shall be upon them.
17. And if a man shall take his sister, his father’s daughter, or his mother’s daughter, and see her
nakedness, and she see his nakedness; it is a wicked thing; and they shall be cut off in the sight of
their people: he has uncovered his sister’s nakedness; he shall bear his iniquity.
19.And you shall not uncover the nakedness of your mother’s sister, nor of your father’s sister: for
he uncovered his near kin: they shall bear their iniquity.”
20.And if a man shall sleep with his uncle’s wife, he has uncovered his uncle’s nakedness: they
shall bear their sin; they shall die childless.
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21.And if a man shall take his brother’s wife, it is an unclean thing: he has uncovered his brother’s
nakedness; they shall be childless
Following is quoted from the Deuteronomy Section 22:
22. If a man is found lying with the wife of another man, both of them shall die, the man who lay
with the woman, and the woman; so you shall purge the evil from Israel.
23.If there is a betrothed virgin, and a man meets her in the city and lies with her;
24.Then you shall bring them both out to the gate of that city, and you shall stone them to death
with stones, the young woman because she did not cry for help though she was in the city, and the
man because he violated his neighbor’s wife; so you shall purge the evil from the midst of you
25. But if in the open country a man meets a young woman who is betrothed, and the man seizes
her and lies with her, then only the man who lay with her shall die.
26. But to the young woman you shall do nothing; in the young woman there is no offense
punishable by death, for this case is like that of a man attacking and murdering his neighbor.
B- PUNISHMENT FOR ADULTERY IN THE GOSPEL
Section of the Gospel of John quotes the following event:
3-4- The scribes and the Pharisees brought a woman who had been caught in adultery, and placing
her in the midst, they said to hi m, “Teacher, this woman has been caught in the act of adultery”
5-Now in the law Moses commanded us to stone such. What do you say about her?
6.This they said to test him, that they might have some charge to bring against him. Jesus bent
down and wrote with his finger on the ground.
7. And as they continued to ask him, he stood up and said to them, “Let him who is without sin
among you be the first to throw a stone at her”
8.And once more he bent down and wrote with his finger on the ground.
9.But when they heard it, they went away, one by one, beginning with the eldest, and Jesus was
left alone with the woman standing before him.
10.Jesus looked up and said to her, “Woman, where are they? Has no one condemned you?”
11.She said, “No one, Lord.” And Jesus said, “Neither do I condemn you; go, and do not sin again.”
Jesus (p.b.u.h) did not abrogate stoning with these words, but only refrained from imposing such a
heavy punishment relying only on the testimony of sinful people. The Gospel of Matthew includesthe following verses:
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17.Think not that I have come to abolish the law and the prophets; I have come not to abolish
them but to fulfil them.
18. For truly, I say to you, till heaven and earth pass away,not an iota, not a dot, will pass from
the law until all is accomplished.
19. Whoever then relaxes one of the least of these commandments and teaches men so, shall be
called least in the kingdom of heaven; but he who does them and teaches them shall be called
great in the kingdom of heaven” (Matthew 5)
C-STONING PUNISHMENT IN THE PRACTICE OF PROPHET (P.B.U.H)
There happened to pass by Allah‟s Prophet (p.b.u.h) a Jew blackened and lashed. He called them
(the Jews) and said: “Is this the punishment that you find in your Book?” They said : “Yes” He
called one of the scholars amongst them and said: “I ask you in the name of Allah Who sent down
the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book”.
He said :”Had you not asked me in the name of Allah, I would not have given you this information.
But this (crime) became quite common amongst our aristocratic class. So when we caught hold of
any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless
person we imposed the prescribed punishment upon him”. We then said: “Let us agree (on a
punishment) which we can inflict both upon the rich and the poor”. So We decided to blacken the
face with coal and flog as a substitute punishment for stoning. Thereupon Allah‟s Prophet (may
peace be upon him) said:
“O Allah, I am the first to revive Your command when they had made it dead.”
He then commanded and he (the offender) was stoned to death. Allah (SWT) sent down (this
verse):
.
―…some Jews…alter the words from their established meanings. They say: if this decision
is made about you, follow it, and if this is not decided, obey not..‖ (Al-Ma‟ida/ The Feast
5:41)
Because it was said (by the Jews): Go to Muhammad; if he commands you to blacken the face and
award flogging (as punishment for adultery), then accept it, but it he gives verdict for stoning, then
avoid it. Then Allah (SWT) sent these verses for all concealers:
―… whoso judged not by that which Allah has revealed: such are concealers.‖
―… whoso judged not by that which Allah has revealed: such are wrongdoers.‖
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.
―… whoso judged not by that which Allah has revealed: such are sinners (fasiqun).‖ (Al-
Ma‟ida/ The Feast 5:44-47)[6]
A man and a woman of the Jews committed adultery. Some of them said to the others: “Let us go
to this Prophet. For he has been sent with an easy law. If he gives a judgment lighter than stoning,
we shall accept it, and argue about it with Allah, saying: “It is a judgment of one of your prophets.”
So they came to the Prophet (p.b.u.h) who was sitting in the mosque among his companions. They
said: “Abul Qasim [7], what do you think about a man and a woman who committed adultery? He
did not speak to them a word till he went to their school (Bayt al-midras, the place where they
taught Torah) [8]. He stood at the gate and said: “I adjure you by Allah Who revealed the Torah to
Moses, what (punishment) do you find in the Torah for a person who commits adultery, if he is
married?” They said: He shall be blackened with charcoal, taken round a donkey among the
people, and flogged. A young man among them kept silent. When the Prophet (p.b.u.h)
emphatically adjured him, he said: . “By Allah, since you have adjured us (we inform you that) we
find stoning in the Torah (is the punishment for adultery). The Prophet (p.b.u.h) said: “So when
did you lessen the severity of Allah‟s command?” They said: A relative of one of our kings had
committed adultery, but his stoning was suspended. . Then a man of a family of common people
committed adultery. He was to have been stoned. But his people intervened and said: “Our man
shall not be stoned until you bring your man and stone him.” So they made a compromise on this
punishment between them. The Prophet (p.b.u.h) said: “So I decide in accordance with what the
Torah says. He then commanded regarding them and they were stoned to death.
Az-zukhri said: We have been informed that this verse was revealed about them:
.
―We did reveal the Torah, wherein is guidance and a light, by which the Prophets who
submitted themselves (to Allah) judged the Jews, and the rabbis and the scholars
(judged) by such of Allah‘s Book. ‖ (Al-Ma‟ida/ The Feast 5:44) Our Prophet is among them.
[9]
One day a Jew man and a Jew woman were brought to the Prophet (p.b.u.h). They committed the
crime together. Thereupon Allah‟s Prophet (may peace be upon him) said: What do you find in
your book on this issue? “Our scholars established the punishment of blackening with ash and
placing backwards on the animal.”
Abdullah Bin Salam said: “Oh the Messenger of Allah, let them bring the Torah.” Torah was
brought. He put one of his hand on the verse on stoning. Then he read the previous and next
verses. Abdullah Bin Salam said : “Lift up your hand!”. The verse on stoning was seen at once
under his hand. The Messenger of Allah ordered, and both were stoned to death [10].
Ruling of the Messenger of Allah for Jews could have only been the ruling of Allah. Allah (SWT)
commands:
.
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―And unto you have We revealed this Book with the truth, confirming whatever Book was
revealed before with the evidences in It (Qur‘an) , and protecting and guarding over it
(the preceding Books). So judge between them by that which Allah has revealed, and
follow not their desires away from the truth which has come unto you. ‖ (Al-Ma‟ida/ The
Feast 5:48)
It is narrated that the following verse also relates to this adultery case [11]:
.
How come they to you for judgment when they have the Torah, wherein Allah has
delivered judgment (for them)? Yet even after that they turn away. Such are not
believers. (Al-Ma‟ida/ The Feast 5:43)
This verse assured that the judgment in Torah for adultery is the judgment of Allah. The reason
that Jews came to our Prophet (p.b.u.h) was to avoid this punishment. For that reason, they said
to those whom they sent: ―…if this decision is made about you, follow it, and if this is not
decided, obey not..‖ (Al-Maida/ The Feast 5:41) [12]
Given that the judgment in Torah is the judgment of Allah, our Prophet could not have prescribed
any other penalty. For a while, he followed Torah for Muslims who committed adultery. The
following hadeeth demonstrates this:
Abu Khurayra and Zaid Bin Khalid said: “We were with the Prophet (p.b.u.h). A man stood up and
said: “I urge you to judge only with the book of Allah among us.” His respondent was more
indulgent, he said: “Judge among us with the Book of Allah, and listen to me.” Our Prophet said :
„Speak‟, he followed:
“My son was his worker. He committed adultery with his wife. I gave as ransom money 100 sheep
and a servant slave. I asked to those who know, they told that my son should get 100 whips and a
year in exile, and the woman is to be stoned to death.”
Our Prophet said: “I swear by who sustains my life, I shall judge with the Book of Allah among
you. 100 sheep and the slave are to be returned. Your son is to be punished by 100 whips and a
year of exile. Unays, go the wife of this man, stone her to death if she admits the crime.” He
went, and stoned her to death as she admitted the crime [13].
It is clear that the “Book of Allah” mentioned here is Torah. For no verse was revealed then in
Quran concerning adultery. Neither of the verses revealed contained the punishment of stoning.
The punishment of whipping is not present the Torah copy we have in our hands. This punishment
may be in the copy held by Jews in Madina.
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D-ABROGATION OF THE PUNISHMENT OF STONING
With the verses in Surat an-Nisa, the punishment of stoning to death, rajm, was converted to
house arrest for women, and further it was ruled that the man and the woman are to be oppressed
till they correct themselves. Allah (SWT) commands:
.
.
―And those of your women who commit adultery — call to witness four of you against
them; and if they bear witness, then confine them to the houses until death overtakes
them or Allah open for them a way.
Punish both of them- man and woman-, among you that commit adultery. If they repent
and correct themselves, then let them. Allah accepts the repentance. He is The
Merciful.‖ (An-Nisa/ The Women 4:15-16)
The expression “…until Allah open for them a way..” demonstrates that the punishment will be
further alleviated. The alleviation has taken place with the second verse of Surah an-Nur. Allah
(SWT) commands:
.
―Flog each of them, the adulterer and the adulteress, hundred stripes. If you believe in
Allah and in the Last Day, don‘t be tender to them when you perform the order of Allah.
Let a party of the believers testify with their own eyes this punishment.‖ (An-Noor/ The
Light 24:2)
This verse judged for 100 whips as the punishment of adultery, without any discrimination between
man and woman, or single and married. This punishment is lighter than being detained in house
till death, or oppressed until one improves himself/herself, as mentioned in Surat an-Nisa.
Quran abrogated the provisions in Torah concerning adultery, which our Prophet (p.b.u.h) applied
for a period of time. Some had the opinion that, considering the previous practices of our Prophet
(p.b.u.h), Surat an-Noor regulated the punishment to be imposed to the single and Quran
contained no provision concerning the married, who deserved the punishment of stoning to death.
Yet, it is clear from the three verses that the punishment to be imposed to the married should be
100 whips.
1. Slander of Adultery to One‘s Wife
.
. . .
―And (as for) those who accuse their wives and have no witnesses except themselves,
their testimony should be taken four times, bearing Allah to witness that he is most
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surely telling the truth.
The fifth (time) he wishes that the curse of Allah be on him, if he is one of the liars.
And what will avert the chastisement from her is if she testifies four times, bearing Allah
to witness that her husband is most surely lying.
The fifth (time), she wishes that the wrath of Allah be on her, if he is telling the
truth.‖ (An-Noor/The Light 24:6-9)
The expression “the chastisement = al azab” in the 8th verse shows the 100-whip punishment.
The `al’ affix is for a specific reference, granting the word to which it is affixed the meaning
specified formerly. The torment specified in Quran concerning adultery is 100 whips. It is not
possible for that word to refer to any other thing within the context of Arabic grammar. It is
certain that the woman mentioned above is married.
2. The Verse on Wives of the Prophet
.
“O you the wives of the Prophet! Whosoever of you commits manifest lewdness, the
punishment for her will be doubled.” (Al-Ahzab/ The Allies 33:30).
It is apparent that the wives of the Prophet are married. The punishment to be imposed on them
should be appropriate for doubling. Death punishment could not be doubled, but 100 whips can
be.
The word “al azab” quoted in these verses signifies only the 100 whips in Surat an-Noor. Because
the “al ” affix here is for specific reference.
3. Adultery of the Married Maids (Jariyah)
.
―…the believing maids whom your right hands possess… if when they are honourably
married they commit lewdness they shall incur the half of the punishment (prescribed)
for free women (in that case).‖ (An-Nisa / The Women 4:25)
If it is the stoning which is to be imposed for married free women, the term “half” makes no senseas regards stoning to death. Because some die by one stone hit, some by numerous stones. It is
only the 100 whips which could be halved.
In conclusion, the sole punishment for the crime of adultery is 100 whips. After all such clear
evidences, the opposite could not be claimed. Besides, the Prophet of Allah said: “Lower the
punishments to the extent it is justifiable by doubts.” [14]. Given such apparent evidences, the
stoning punishment could not be defended relying on doubtful evidences.
Thus Quran abrogates both Torah and Gospel concerning the punishment for adultery.
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4. Practices of the Prophet (p.b.u.h) Demonstrating that Stoning is Abrogated
Ash-Shaibani said: “I asked to Abdullah Bin Abu Awfa: „Had the Messenger of Allah (p.b.u.h)
applied the stoning punishment?‟ He said : “Yes” “Was that before or after the (revelation of) Surat
an-Noor?”. He said “I do not know”. [15].
However, the following narration indicates that the practice of stoning was before the revelation of
Surat an-Noor:
A man had confessed that he committed adultery. The Messenger of Allah asked for a stick. A
broken stick was brought. He said: “Bring a better one” A new stick was brought, knurls of which
were not sculpt. He said: “Bring a lighter one” A smooth, soft stick was brought. The man was
beaten with the stick upon the order of the Messenger of Allah. Then he said:
“O people! Now it is time to avoid the limits put by Allah. Whoever does anything from such
ignominies, let him cover himself with the veil of Allah [16]. For we apply the Book of Allah to
those who show us their faces.” [17]
Here, beating the criminal with 100 whips regardless of whether he was single or married, and
saying that the Book of Allah was applied, abolish all doubts. Because there is no other
punishment in the Book of Allah then 100 whips.
SOURCE: Bayindir, Abdulaziz. Kur‘an Işığında Doğru Bildiğimiz Yanlışlar, SuleymaniyeFoundation Publications, 2 ed., Istanbul, 2007, p: 280-294. [1] al-Ayn, item
[2] The general name given to communities who have in their hands the scriptures revealed by
Allah.
[3]Those who exploit people by way of religion pretend their books to be dictated by Allah in order
to attribute them divineness. Many are deceived by this.
[4] The word “al kitab” used in the verse is repeated twice with the letter “lam”, and thus both
meanings were given as Quran. For Quran affirms the verses which are present both in it and in
the previous scriptures, not the ones which are foisted into them. Alleviation of heavy
punishments, such as stoning to death of the adulterer, is also a type of affirmation. Since Quran
is protected by Allah, so are such provisions of previous books.
[5] Majalla with Explanatory Notes (Majalla al-Ahkam al-Adliyya), Edit. Ali Himmet Berki, İstanbul,
1978, art. 48.
[6] Muslim, Hudud, 28.
[7] Meaning “the father of Qasim”. Arabs call a person with the name of his first son. Qasim was
the first son of our Prophet (p.b.u.h).
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[8] Ahmet Önkal, “Beytülmidras”, DİA, v. VI, p. 95.
[9] Abu Dawood, Hudud, 26.
[10] Bukhari, Hudud, 24.
[11] at-Tabari, Tafseer, V. IV s. 583; al-Jassas, Ahkam al-Quran, V. II, p. 438; al-Qurtubi, al-Jami
li Ahkam al-Quran, v. VI, p. 122.
[12] at-Tabari, Tafseer, V. IV, p. 577.
[13] Bukhari, Hudud, 30.
[14] Tirmidhi, Hudud, 2.
[15] Bukhari, Hudud, 21.
[16] Let him repent.
[17] Muwatta, Hudud, 2/12.
Translation: Ahmet Tunç Demirtaş Revision: Ayşe Zeynep Dönmez