Changing the Ruling of Rajm and the Nature of Devotional Commands in Shariah

Author: Dr. Muhammad Zia-ur-Rahman Al-Azmi رحمه الله

❖ On Replacing the Punishment of Rajm (Stoning) with a "Lighter" or "Quicker" Alternative


The determination of the punishments for adultery, both for the unmarried (flogging) and the married (stoning), including:

  • Their types,
  • Their manner of implementation, and
  • The specific qualities of these penalties,

all fall under the category of taʿabbudī (devotional) rulings. These are rulings based purely on divine legislation, not subject to rational alteration or preference.

📖 The Divine Origin and Wisdom of These Punishments


  • These matters are entirely referred back to Allah ﷻ,
  • For He alone knows best what benefits His servants in their religious and worldly affairs,
  • And what serves to keep them away from harm and corruption.

✔ Purpose of the Prescribed Punishments


Allah ﷻ has:

  • Prescribed flogging for the unmarried adulterer,
  • And stoning for the married adulterer,

in order to:


Protect honor and dignity,
Preserve lineage and related financial and social rights,
Cleanse society from moral decay,
Prevent chaos, violence, and bloodshed.


These penalties are thus rooted in divine wisdom, justice, mercy, and care for society.

⚠ Addressing the Pain and Public Aspect of the Punishment


Though these punishments involve pain and public exposure, the danger posed by the crime of adultery is far greater than the pain endured by the criminal.

  • The perpetrator suffers because of their own actions,
  • And Allah ﷻ has instructed that a group of believers should witness the execution of the punishment:
    • To intensify the shame,
    • To serve as a deterrent to others,
    • And to make the punishment a source of moral lesson.

Allah ﷻ has also forbidden any leniency or compassion in implementing the ḥadd punishment for adultery, once it is proven.

✘ Prohibition of Modifying the Divine Command


It is haram (prohibited) for Muslims to alter or reduce the punishment of adultery out of sympathy or desire for a lighter penalty.

  • Allah is the true Lord,
  • He is more compassionate than any human being,
  • And He alone has the right to legislate.

He commanded:

  • Flogging for the unmarried,
  • Stoning for the married,
  • And He is the most just, most merciful, and fully sufficient for us as a Guardian and Ruler.

[Al-Lajnah al-Dā’imah: Fatwa no. 3339]
 
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