Stoning, Flogging and Severing of Limbs to Be Introduced in Brunei

Brunei

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Time: The Sultan of Brunei announced on Tuesday the gradual introduction of harsh Islamic punishments, such as death by stoning for adulterers, severing of limbs for theft and flogging for a wide range of crimes including abortion and consumption of alcohol.

The amendment is the latest step in the wealthy, all-powerful monarch Sultan Hassanal Bolkiah’s move towards a conservative Islamic state, but will only apply to the Southeast Asian nation’s majority Muslim population, Agence France-Presse reports.

Aiming to ameliorate fears of an overly punitive Shari‘a system, top officials promised two years ago, when the laws were being planned, that there would be an extremely high burden of proof for applicable criminal cases, and that judges would be endowed with wide discretion.

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21 replies

  1. Quoting BBC

    The sultanate of Brunei has announced it will enforce a tough new Sharia law penal code.

    The code – to apply only to Muslims – is expected to introduce death by stoning for adulterers and the severing of limbs for theft.

    Brunei already adheres to a stronger form of Islamic law than neighbouring Malaysia and Indonesia, banning the sale and consumption of alcohol.

    The new code, to be enforced in six months, will strengthen that policy.

    Punishments could also include flogging for such crimes as consumption of alcohol or abortion, according to a copy of the code seen by news agency AFP.

    http://www.bbc.co.uk/news/world-asia-24624166

  2. some of the laws introduced are according to the Quran and ahadith.

    but also the muslim countries need to be just, strive against corruption, be united against oppression, abolish the usury system, no laws should contradict the Quran and vastly improve its welfare system.

  3. The laws should apply only to Muslims. Let them (The Muslims) have a taste of the Sharia Code.

    In Islam, There is no stoning to death of adulterers. It is only 100 lashes in public. But the maulvis are anxious to apply the Jewish law. So no harm. Let them have it that way.

    It is necessary to have some serious punishment for any one giving false evidence under oath. Otherwise false witnesses will roam the land.

  4. umar (ra) during his caliphate stoned to death those who commited adultery. and this law is agreed by the 4 madhabs.

  5. even if stoning is abrogated, the punishment of lashes still applies to those who consume alcohol, commit fornication.

  6. But, Shariah is just not stoning, flogging and cutting of hands?

    Why such obsession with these?

    Why not first establish honest and genuine democracy, in Muslim countries, where Army generals and royal families do not continue to rule, and administration passes to the rightfully elected every 3-5 years?

  7. yes the islamic shariah covers aqidah, ibadah, morality, social code of conduct, laws, economic guidelines, exectuve and judical branch.

    i specifically mentioned the judicial branch since the post was about the penal code of law.

  8. From Pavez:
    umar (ra) during his caliphate stoned to death those who commited adultery. and this law is agreed by the 4 madhabs.
    ———————————-

    I cannot understand why and when Hazrat Umar Rz.a. had to stone the adulterer to death. It may have been a case of rape or murder after adultery.

    Why not come to Quran and leave it at that? Is there mention of stoning to death for adulterer in the Quran? I hope not.

    But 100 lashes is mentioned in the very first verses of chapter 24. So why not apply that to adulterers? I hope some suitable reply will be given by Parvez sahib after reading carefully the first verses of chapter 24.

    I may mention that there is no abrogation of any verse of the Quran. But there may be abrogation of a verse of the Torah which applied stoning for adulterers. That was the punishment in the law of Moses a.s.

  9. You said from last year that the capital punishment only applys to those who commit murder. But this is clearly wrong and goes against the Sunnah of the Holy Prophet (peace be upon him), the statements of the Companions and the concesus of the Muslim Scholars. Your leader is clearly wrong and contradicts the Sunnah, this clearly proves that he is not the Mahdi, because the true Mahdi will follow the Quran & Sunnah and be knowledgeable of Fiqh. This is evident that your community is wrong and not on the straight path; by contradicting the Sunnah of the Prophet and the understanding of the Companions and the rulings by the madhabs.
    Its is clear by the Sunnah and the practice of the Rightly guided Caliphs; that those who commit adultery are stoned to death. This is agreed by the Scholars of Fiqh and Hadith.

    Now i will give you narrations that prove that Sunni Islam is correct regarding the punishment of adultery. I will give you reports from Sunni Hadith collections. I will give you hadith from Sunni scholars; such as Imam Bukhari and Tirmidhi.

    Jami` at-Tirmidhi > The Book on Legal Punishments (Kitab Al-Hudud)

    Narrated Abu Hurairah:
    “Ma’iz Al-Aslamu came to the Messenger of Allah (sallallahu ‘alaihi wa sallam) and said that he had committed adultery, so he (sallallahu ‘alaihi wa sallam) turned away from him. Then he approached from his other side and said: ‘[O Messenger of Allah!] I have committed adultery.’ So he turned away from him. The he came from his other side and said: ‘O Messenger of Allah! I have committed adultery.’ So he gave the order (for stoning) upon the fourth time. He was taken to Al-Harrah and stoned with rocks.
    English reference : Vol. 3, Book 15, Hadith 1428

    Narrated Jabir bin ‘Abdullah:
    “A man from the tribe of Aslam came to the Prophet (sallallahu ‘alaihi wa sallam) and confessed adultery. He turned away from him, the he confessed (again). Then he turned away from him (again) until he had testified against himself four times. So the Prophet (sallallahu ‘alaihi wa sallam) said: “Are you insane?” He said:”No” He said: “Are you married?” He said: “Yes”. So he gave the order and he was stoned at the Musalla.
    English reference: Vol. 3, Book 15, Hadith 1429

    ‘Umar bin Al-Khattab said:
    “The Messenger of Allah (sallallahu ‘alaihi wa sallam) stoned, Abu Bakr stoned, and I stoned. If I didn’t dislike that I add to the Book of Allah. I would have written it in the Mushaf, for I fear that there will come a people and they will not find it in the Book of Allah, so they will disbelieve in it.”
    English reference: Vol. 3, Book 15, Hadith 1431

    ‘Umar bin Al-Khattab said:
    “Verily Allah sent Muhammad (sallallahu ‘alaihi wa sallam) with the truth, and he revealed the Book to him. Among what was revealed to him was the Ayah of stoning. So the Messenger of Allah (sallallahu ‘alaihi wa sallam) stoned, and we stoned after him. I fear that time will pass over the people such that someone will say ‘We do not see stoning in the Book of Allah.’ They will be misguided by leaving an obligation which Allah revealed. Indeed stoning is the retribution for the adulterer if he was married and the evidence has been established, or due to pregnancy, or confession.”
    English reference: Vol. 3, Book 15, Hadith 1432

    Narrated ‘Ubadah bin As-Samit:
    “The Messenger of Allah (sallallahu ‘alaihi wa sallam) said: ‘Take from me. For Allah has a way made for them (referring to the abrogation of verse[4:15]): For the married person who commits adultery with a married person is one hundred lashes, then stoning. And for the virgin who commits adultery with a virgin is one hundred lashes and banishment for a year.”
    English reference: Vol. 3, Book 15, Hadith 1434

    Narrated Ibn ‘Umar:
    That the Messenger of Allah (sallallahu ‘alaihi wa sallam) stoned a Jew and Jewess.
    English reference: Vol. 3, Book 15, Hadith 1436

    Sahih Al-Bukhari; Punishment of Disbelievers at War with Allah and His Apostle

    Narrated Ash-Shu`bi:
    from `Ali when the latter stoned a lady to death on a Friday. `Ali said, “I have stoned her according to the tradition of Allah’s Apostle.”
    English reference: Vol. 8, Book 82, Hadith 803

    Narrated Ash Shaibani:
    I asked `Abdullah bin Abi `Aufa, ‘Did Allah’s Apostle carry out the Rajam penalty ( i.e., stoning to death)?’ He said, “Yes.”
    English reference: Vol. 8, Book 82, Hadith 804

    Narrated Jabir bin `Abdullah Al-Ansari:
    A man from the tribe of Bani Aslam came to Allah’s Apostle and Informed him that he had committed illegal sexual intercourse and bore witness four times against himself. Allah’s Apostle ordered him to be stoned to death as he was a married Person.
    English reference: Vol. 8, Book 82, Hadith 805

    Narrated Abu Huraira:
    A man came to Allah’s Apostle while he was in the mosque, and he called him, saying, “O Allah’s Apostle! I have committed illegal sexual intercourse.'” The Prophet turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet called him, saying, “Are you mad?” The man said, “No.” The Prophet said, “Are you married?” The man said, “Yes.” Then the Prophet said, ‘Take him away and stone him to death.”
    English reference: Vol. 8, Book 82, Hadith 806

    Narrated Jabir:
    A man from the tribe of Aslam came to the Prophet and confessed that he had committed an illegal sexual intercourse. The Prophet turned his face away from him till the man bore witness against himself four times. The Prophet said to him, “Are you mad?” He said “No.” He said, “Are you married?” He said, “Yes.” Then the Prophet ordered that he be stoned to death, and he was stoned to death at the Musalla.
    English reference: Vol. 8, Book 82, Hadith 810

    Narrated Ibn `Abbas:
    When Ma’iz bin Malik came to the Prophet (in order to confess), the Prophet said to him, “Probably you have only kissed (the lady), or winked, or looked at her?” He said, “No, O Allah’s Apostle!” The Prophet said, using no euphemism, “Did you have sexual intercourse with her?” The narrator added: At that, (i.e. after his confession) the Prophet ordered that he be stoned (to death).
    English reference: Vol. 8, Book 82, Hadith 813

    Narrated Abu Huraira:
    A man from among the people, came to Allah’s Apostle while Allah’s Apostle was sitting in the mosque, and addressed him, saying, “O Allah’s Apostle! I have committed an illegal sexual intercourse.” The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, “O Allah’s Apostle! I have committed an illegal intercourse.” The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, “Are you mad?” He said, “No, O Allah’s Apostle!” The Prophet said, “Are you married?” He said, “Yes, O Allah’s Apostle.” The Prophet said (to the people), “Take him away and stone him to death.”
    English reference: Vol. 8, Book 82, Hadith 814

    Narrated Ibn `Abbas:
    `Umar said, “I am afraid that after a long time has passed, people may say, “We do not find the Verses of the Rajam (stoning to death) in the Holy Book,” and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession.” Sufyan added, “I have memorized this narration in this way.” `Umar added, “Surely Allah’s Apostle carried out the penalty of Rajam, and so did we after him.”
    English reference: Vol. 8, Book 82, Hadith 816

  10. Parvez you appear confused and self contradictory, as you give precedence to Hadith over clear teachings of the Holy Quran, which have been precisely preserved over time.

    I believe, it is a great service of the Founder of the Ahmadiyya Muslim Community that he established the supremacy of the Holy Quran over Hadith and as a result we have rational and clear thoughts and you are being pulled into a stone age, where you would be stoning others and others will be stoning you.

    We wish you luck.

  11. I have read the post of parvez sahib. There are many hadith proving stoning to death. I also believe that the Prophet s.a.w.s. ordered stoning to death. There is no doubt about that.
    But in all the Hadith mentioned by parvez sahib, there is no time table mentioned. Why is that??

    I believe that the prophet s.a.w.s. used to follow the Jewish law until a new law was revealed to him. Since parvez sahib has not provided any time frame about the stoning, I agree to the Hadith but do not believe any stoning was done after the verse for flogging was revealed.

    Hazrat Umar Rz.a. was also looking for a verse in the Quran for stoning and he admitted that it was not there. He needed the verse. verse was important.
    I also believe that the prophet s.a.w.s. used to pray facing Jerusalem instead of Ka’abah for about 14 years. But when verses were revealed to face only to Ka’abah, after that he never faced Jerusalem.

    The question of stoning to death for any one does not arise as there is no mention of it in the Quran. Quran takes precedence over all other things. The verse for flogging the adulterers had been revealed. The matter before that revelation and after that revelation will be different. The last order will be flogging only, any one who is involved in illegal sex.

    i asked parvez sahib to read (or present) and comment on the first few lines of Surah Noor on this forum and give his own opinion on the subject of stoning for the adulterer and the fornicator IN THE LIGHT OF THOSE VERSES.

    parvez sahib, instead of presenting Hadith, please do that. Thank you. you will find that we are giving you the right answer that both the adulterer and the fornicator will be flogged only.

    Since there is no mention of any stoning for adulterers, we cannot believe that the Prophet s.a.w.s. stoned any one to death. But agreeing to the traditions (Hadith), we believe that some stoning was done. But not after the verses for flogging were revealed.

    Maudoodi sahib has written many pages on this subject in his commentary. But he has made mess and quite a joke of this important matter. One laughs and wonders about the comments (diagonally opposite) statements of Maudoodi sahib.
    In the end, I inform that stoning or death penalty is a capital punishment. It cannot be awarded on the basis of Hadith alone. For Capital punishment, proof must come from the Quran. That is a great Mercy from Allah that he has not left the matter of life and death in the hands of few men. Al Hamdu Lillah.
    Next post from parvez sahib should be his comments ( proofs) from the Surah Noor please. How he understands it!

  12. hadith mention death penalty to rapist and those who do sodomy. As mentioned in all the six canons of hadith in the book on legal punishments.

  13. Parvez sahib, I agree to you. But where is some lines from Surah Al-Noor from the Quran? Can you please come to the Quran and explain the first few verses? Thanks.

  14. for explanation of ch 24 surah nur

    http://islamicstudies.info/maarif.php?sura=24

    umar (ra) said that muhammad (saw) stoned the adulterers, so did abu bakr and so did he himself stone the adulterers.

    the 4 madhabs agree that those who are unmarried who do zina get 100 lashes based upon ch 24 of quran, while those who are married and do zina get stoned to death as established in hadith and athar.

    the prophet said follow my sunnah and the sunnah of the rightly guided caliphs [tirmidhi]

  15. Here are the first verses of Sura Al-Noor (Chapter 24) with translation in English. Please observe the words, meanings carefully.

    [24:1] In the name of Allah, the Gracious, the Merciful.

    [24:2] This is a Surah which We have revealed and which We have made obligatory; and We have revealed therein clear Signs, that you may take heed.

    [24:3] The adulteress and the adulterer (or the fornicatress and the fornicator) — flog each one of them with a hundred stripes. And let not pity for the twain take hold of you in executing the judgment of Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment.
    ——————————————
    Verse 2 indicates that verses are revealed and made obligatory i.e. Faradh meaning orders essential to be followed.

    Also same verse is telling: “and We have revealed therein clear Signs,”. It means that the orders are clear. There is no secret meaning. The word used is “Bayyanaat” means open clear words.

    The maulvis are wrongly attribting some secret meaning in this verse. They say that the verse applys to the fornicators only i.e. non married persons who indulge in (illegal) sex.

    But the verse is telling that the orders are clear (manifest) and they are obligatory to be carried out. In verse 3, it says that it is the Judgement of Allah. It is a punishment decided by Allah. So no maulvi or other scholar need to meddle in this affair.

    If any one will read the Arabic text, the Arabic words will make things very clear, Insha Allah.

    So all persons, whether married or unmarried will be flogged with 100 lashes only and will not be stoned to death. There is no mention of any stoning in Quran about sex crime.

  16. quran says obey the messenger and the prophet (saw) clearly ruled that married people who do zina should be stoned to death.

    even if the above hadith is abrogated then the punishment of atleast 100 lashes applies based upon the Quran ch 24.

    thus as sarwar just said that the legal punishments mentioned in the quran are obligatory then that makes it clear that Islam is not a secular religion since there are verses in the quran related to judicial and legal branches that are obliged for muslims to follow.

  17. By secular we do not mean that we should not get ideas from the Holy Quran.

    There are scores of do’s and don’ts in the Quran and lashes or cutting of hands are not the only teachings that we need to obsess over.

    The Holy Quran is also not against common sense. When we are living in peaceful and pluralistic societies, we also have to follow our other commitments and pledges and go through the civic process.

    If pushing for 100 lashes would cause civil war and chaos in a society, why should we give precedence to this over scores of other teachings in the Holy Quran and its instructions to follow a moderate course and promote peace and avoid chaos and disorder.

    In the so called Muslim countries a great majority indulges in bribery and we seldom hear outrage against it from the fundamentalist. They focus only on cutting of hands for theft and on adultery, without thinking that how easy it would be for the foreign governments to buy 4 eye witnesses against any “scholars,” and have them flogged, to show how silly they can be in their demands.

    Additionally, God is already punishing adulterers with STD and HIV and more, without any injustice or discrimination, so, why do fundamentalist need to have such craving for punishing them.

  18. @Ghulam Sarwar

    Sarwar Sahab is correct. It is time for Muslims to wake up, read Quran and not be manipulated by these backward people who want to drag the Muslims back to the times of pre-Islamic pagan era.

    The Sultan of Brunei started this pagan ideas in the name of “Shariah” to prevent AL-Qaeda and other Islamist brothers from demanding ISlamic State in Brunei or provide few millions dollars every year.

    What I have noticed that whenever Allah SWT mentioned punishments like 100 lashes or other forms of punishments, He also made an exception in the next verses that commands Muslims to restrain from punishing anyone, who “repents”. Same way while in Surah An-Nur 24:2 there is a mention of 100 lashes for adultery, soon after in Surah An-Nur 24:5 Allah SWT is saying: “Excpet those who spent after that and reform. Then indeed, Allah is Oft-Forgiving, Most Merciful.

    So, it would be unfair not to mention the complete commandment. The focus is on compassion and Taqwa. There is no sin in the eyes of Allah SWT that is not forgivable, so long the sinner sincerely repents before his last breath, and only Allah is the best Judge who is sincere and who is not. People being beheaded and amputated even when they are repenting are the Sunnah of Pre-Islamic Judeo-Christian traditions, not the Sunnah of Prophet or Allah SWT Himself.

    The Jihadists of today do not believe in the commandment of Allah SWT not to punish anybody who is repenting, especially those who are not in war with Muslims. Jihadists also reject the Quranic verse 2:256 “There is no compulsion in Deen of Islam”. Because if they accept that, then it would be hard to justify the need to establish “Islamist State”, mere establishing “Islamic Society” would be enough, just like Prophet did in his time where there was Islamic Society, but no Islamic State that Jihadis try to mislead people. Evev the son of Maulana Maududi now realizes that his father was wrong about Islamic State.

    Unfortunately, most of us have been indoctrinated not think, reflect and reason out, because ‘reasoning’ is a threat to those scholars who thrive on misleading people and discourage Muslims to read Quran by themselves.

    Quran: Surah Yunus 10:100 “It is not possible for anyone to believe except by the permission of Allah, and He will place the wrath on those who do not use their common sense. Also, Quran: Surah Ar-Rum 30:28 “”…We explain our signs clearly for those who use reason.”

    Poor Muslims continue to remain confused about the meaning of Prophet Sunnah. Prophet Sunnah was applying all the Quranic principles in real life. He did. If Muslims are interested to know what was Prophet’s Sunnah they must read Quran and they will know. What Umar did while he was Caliph, that’s what he did. But Muslims are obliged to follow the Sunnah Principles in Quran that Prophet applied in his own unique times and circumstances. Prophet Sunnah is not equal to aHadith, which is non-divine, subject to errors and mistakes, while Quran is divine, perfect and not subject to any error. Shariah is only from Quran, because only Quran has principles, and there is no principle in Hadith that is not already there in Quran. Nor Shariah is Islamic Jurisprudence, since there are so many of them, like Shia, Sunni and the list goes on. But the Quran is only one. One of the component of backward religious indoctrination is to remain obsessed on sadistic ideas, like corporal punishments and man-made “Shariah Law” and “Obligation” to establish Islamic State, a political Agenda initiated soon after the collapse of Ottoman Empire, especially by Muslim Brotherhood in Middle East and Jammat Islami in Indian Sub-continet.

  19. @parvez: quran says obey the messenger and the prophet (saw) clearly ruled that married people who do zina should be stoned to death.

    Answer: There is no such thing from the prophet s.a.w.s. That news is not reliable. How can the prophet s.a.w.s. say something against the Quran?

    Parvez: thus as sarwar just said that the legal punishments mentioned in the quran are obligatory then that makes it clear that Islam is not a secular religion since there are verses in the quran related to judicial and legal branches that are obliged for muslims to follow.

    Answer: Yes there are words of advice for the Muslims about the matters of law. But that is for the law abiding citizen. Those verses are for the understanding, God fearing people. If Allah gives some one free hand, peacefully, to order the matters of law, then he/she must try to present the laws mentioned in the Quran. And those should apply to the Muslims only, not to all people of the society.

    The present day malvis are unfit to apply the Islamic laws. When they do not understand whether a 2000 year old man is alive or he has died: when they do not understand that there are serious conditions for war like Jihaad (which conditions do not exist today); when They do not understand the meaning of “Khaatam” and “Kaafir” and justice and Peace, Allah will never allow the maulvis to establish His laws at any place in the world.

    I suggest to Parvez sahib that the first state of Madinah was not really any state. There was no police. It was a society based on Quranic justice. That is freedom for all. It was, in a way, a secular society. EVERY ONE WAS REGULATED BY THEIR OWN LAW.

    That shows that system was secular.

    Also, even though Abraham a.s. prayed to Allah to raise amongst the people of Arabia, a prophet who would recite Allah’s verses and teach the book and wisdom and will PURIFY them….

    The prophet Muhammad s.a.w.s. did it the other way around. He recited the verses and PURIFIED thereby the souls (minds) of the people and then he taught them the book and the wisdom (see Surah Juma No.62)

    The present state of Muslims in any Muslim country is not fit to take the load of Shariah. There is no retsriction to follow the Shariah, to recite Quran, to do good deeds, to pray, to fast, to be peaceful. But many people do not want to do those things.

    There are others who want to force the people to do those (right) things. That is not allowed. No force is to be used.
    No prophet came to establish a government. No prophet ordered things to be done by force, or to follow a law by force.
    Maudoodi sahib believed that he could do more good by capturing power (for himself). But that was a wrong notion. There is no politics in islam. Islam is not a political religion and Noah a.s. Abraham, Musa, Isa a.s. and Muhammad s.a.w.s. were not any political persons.

    Madoodi sahib thought that the Kalimah “Laa ilaaha Illa Allah” was a political slogan of the prophet Muhamamd s.a.w.s. That is not true.
    Now what is happening in Pakistan, the Jama’at islami slogan (of deciet), “pakistan Kaa matlab kiyaa, laa ilaaha Illa Allah.”
    Is that true? Not at all. The Ahmadis also say, “laa ilaaha illa Allah”. Then why they were not spared. Why Mauddodi sahib tried to make the life hell for the Ahmadis in Pakistan??

    I have ample proof by the religious line, that Maudoodi was quite ignorant or against the true teachings of Islam. He believed and preached that his Isa is still alive. He preached that now there will be no guidance by way of ordinary Wahi. he believed that Imam mahdi will come but he will not know that he is the Imam Mahdi. He believed that Imam Mahdi will be a most modern political leader. He believed that the Prophet Muhammad met with failure (He used the word failure) by his peaceful preaching for more than 13 years. When the prophet took sword in his hand, he got success.

    Astaghfirullah. Mauddodi and his books are being placed at high level in every country. Why?? Do the Muslims prefer self annihilation?
    The post has become extra large because parvez sahib is following (preferring) the path of a political agenda for Islam. I had to expose the greatest present day teacher of that agenda i.e. Maudoodi sahib.

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