Stoning

Stoning, or lapidation, refers to a form of capital punishment whereby a group of people throws stones at an individual until the person dies. In performing this type of death sentence, no particular person out of the stone throwing group can be held responsible or identified as the one who actually killed the subject. This is in contrast to the case of a judicial executioner. Death by stoning is slower than other forms of execution, and hence is a form of execution by torture.

Stoning in History

Stoning is an ancient form of capital punishment. There are historical reports,^[1] as well as mythological mentions of stoning,^[2] in Ancient Greece.

Stoning in Judaism

While allowing for the death penalty in some hypothetical circumstances, scholars of Judaism are broadly opposed to the death penalty as practiced in the modern world. The Jewish opposition is not based on a literal reading of the Jewish Bible, but rather through the lens of Judaism's Oral Law. Forty years before the destruction of the Temple in Jerusalem in AD 70, e.g. in AD 30, the Sanhedrin effectively abolished capital punishment. As God alone was deemed to be the only arbiter in the use of capital punishment, not fallible people, the Sanhedrin made it a hypothetical upper limit on the severity of punishment.^[3]

In Jewish sources

Prior to early Christianity, particularly in the Mishnah, doubts were growing in Jewish society about the morality of capital punishment in general and stoning in particular. The laws make it clear that the death penalty was used only rarely. The Mishnah states:

A Sanhedrin that puts a man to death once in seven years is called destructive. Rabbi Eliezer ben Azariah says that this extends to a Sanhedrin that puts a man to death even once in seventy years. Rabbi Akiba and Rabbi Tarfon say: Had we been in the Sanhedrin none would ever have been put to death. Rabban Simeon ben Gamaliel says: they would have multiplied shedders of blood in Israel.^[4]

In the following centuries the leading Jewish sages imposed so many restrictions on the actual implementation of capital punishment to prevent execution of the innocent — especially, many difficult-to-fulfill conditions for a testimony to be admissible (Sanhedrin) – as to make the imposition of capital punishment de facto illegal.

"It is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death."^[5] Moses Maimonides was concerned about the need for the law to guard itself in public perceptions, to preserve its majesty and retain the people's respect. He saw errors of commission as much more threatening the integrity of law than errors of omission.^[6]

Mode of Judgment

Capital punishment in rabbinic law must not be inflicted, except by the verdict of a regularly constituted court of three-and-twenty qualified members, and except on the most trustworthy and convincing testimony of at least two qualified eye-witnesses to the crime who must also depose that the culprit had been forewarned as to the criminality and the consequences of his project.^[7]

The culprit must be a person of legal age and of sound mind, and the crime must be proved to have been committed of the culprit's free will and without the aid of others. On the day that the verdict is pronounced, the convict is led forth to execution. The torah law (Leviticus 19,18) prescribes, "Thou shalt love thy neighbor as thyself"; and the Rabbis maintain that this love must be extended beyond the limits of social intercourse in life, and applied even to the convicted criminal who, "though a sinner, is still thy brother" (Mak. 3,15; Sanh. 44a): "The spirit of love must be manifested by according him a decent death" (Sanh. 45a, 52a). Torah law provides (Deut. 24,16), "The parents shall not be put to death for the children, neither shall the children be put to death for the parents; every man shall be put to death for his own sins," and rabbinic jurisprudence follows this principle both to the letter and in spirit. Nor is a sentence attended by confiscation of the convict's goods. All his possessions descend to his legal heirs.

The Talmud limits the use of the death penalty to Jewish criminals who:

(A) while about to do the crime were warned not to commit the crime while in the presence of two witnesses (and only individuals who meet a strict list of standards are considered acceptable witnesses); and
(B) having been warned, committed the crime in front of the same two witnesses.^[8]

In theory, the Talmudic method of how stoning is to be carried out differs from mob stoning. According to the Jewish Oral Law, after the Jewish criminal has been determined as guilty before the Great Sanhedrin, the two valid witnesses and the sentenced criminal go to the edge of a high place. From there the two witnesses are to push the criminal off. After the criminal has fallen, the two witnesses are to drop a large boulder onto the criminal – requiring both of the witnesses to lift the boulder together. If the criminal did not die from the fall or from the crushing of the large boulder, then any people in the surrounding area are to quickly cause him to die by stoning with whatever rocks they can find.

The 18 crimes related to stoning

Rabbinic law based on the authority of the torah, expressed or inferred, affixes death by stoning to eighteen crimes.^[7]

Bestiality committed by man (Lev. xx. 15; Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 1; Mek., Mishpaṭim, 17).
Bestiality committed by woman (Lev. xx. 16: Sanh. vii. 4, 54b; Sifra, Ḳedoshim, x. 3; Mek., Mishpaṭim, 17).
Blasphemy (Lev. xxiv. 16; Sanh. vii. 4, 43a; Sifra, Emor, xix.).
Criminal conversation with a betrothed virgin (Deut. xxii. 23, 24; Sanh. vii. 4, 66b; Sifre, Deut. 242).
Criminal conversation with one's own daughter-in-law (Lev. xx. 12; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 13).
Criminal conversation with one's own mother (Lev. xviii. 7, xx. 11; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 12).
Criminal conversation with one's own stepmother (Lev. xviii. 8, xx. 11; Sanh. vii. 4, 53a; Sifra, Ḳedoshim, ix. 12).
Cursing a parent (Lev. xx. 9; Sanh. vii. 4, 66a; Mek., Mishpaṭim, 17; Sifra, Ḳedoshim, ix. 7).
Enticing individuals to idolatry: "Mesit" (Deut. xiii. 7–12 [A. V. 6–11]; Sanh. vii. 4, 67a; Sifre, Deut. 90).
Idolatry (Deut. xvii. 2–7; Sanh. vii. 4, 60b; Sifre, Deut. 149).
Instigating communities to idolatry: "Maddiaḥ" (Deut. xiii. 2–6 [A. V. 1–5]; Sanh. vii. 4, 67a; Sifre, Deut. 86).
Necromancy (Lev. xx. 27; Sanh. vii. 4, 65a; Sifra, Ḳedoshim, xi., end).
Offering one's own children to Molech (Lev. xx. 2; Sanh. vii. 4, 64a; Sifra, Ḳedoshim, viii., parashah 10, beginning).
Pederasty (Lev. xx. 13; Sanh. vii. 4, 54a; Sifra, Ḳedoshim, ix. 14), and sexual activity between men (Lev. iii, 18:22).^[9]
Rebelling against parents (Deut. xxi. 18–21; Sanh. vii. 4, 68b; Sifre, Deut. 220).
Shabbath-breaking (Num. xv. 32–36; Sanh. vii. 4; Sifre, Num. 114).
Witchcraft (Ex. xxii. 17 [A. V. 18]; Sanh. vii. 4, 67a; Mek., Mishpaṭim, 17).

Stoning in Islam

According to the Holy book of Islam, the Quran, all sexual intercourse outside the marital bond is considered sinful. It makes no distinction between adultery and fornication; in both cases, the punishment is flogging for those found guilty Qur'an (24:2). Some Muslim scholars take the view that stoning to death was never contemplated by Islam as a punishment for the act of adultery since the Qur'an does not even mention the word 'stoning' or 'death by stoning' in any of its verses. On the other hand, many Islamic legal scholars and judges agree that the Quranic text does not refer to executions by stoning but state they are part of the Hadith, in addition to the Pentateuch. Execution by stoning is thus in harmony with the 613 laws which make up the Mosaic Law in the Bible.

In a few Muslim countries, such as Afghanistan, Iran, Nigeria and Saudi Arabia, adultery is the only capital offense punishable by rajm (e.g. stoning). Since it is referred to in Sunni and Shi'a hadiths, stoning is considered a part of Islamic Sharia Law.^{[citation needed]}

It should be noted that several early and modern Muslim scholars showed skepticism towards some of the recorded hadiths, as some of these hadiths contradict the Qurʾan and other hadiths, but the authority of the canon as a whole was not questioned. This canon is called the Six Major Hadith collections. These collections became a major source for Islamic law (shariʿa), second only to the Qurʾan.

According to Muslim scholars^[who?] who oppose the rajm punishment for adultery, they state that there is incontrovertible evidence that the Qur`an covers both cases when it talks about zina`(i.e.intercourse outside the marital bond) and its punishment. Moreover, the reason that a vast majority of Muslims came to accept rajm is that they accepted the authenticity of hadith that talk about it. But in view of the fact that the penalty of rajm is in conflict with the Qur`an or is at least problematic in the light of the Qur`an, the authenticity of the hadith about rajm is is doubtful, and was written at least 200–300 years after the events to which it refers, it comes under serious suspicion.^{[citation needed]}

On the other hand, according to the fundamental Muslim scholars^[who?] who support the rajm punishment for adultery, their argument is that the Qur`an was abrogated by the hadith about rajm.

Sahih Bukhari, Volume 8, Book 82: Punishment of Disbelievers at War with Allah and His Apostle, Number 816: 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 stoning 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 stoning, and so did we after him." ^[10]

In Islamic Sharia Law. Islamic Sharia Law is based on the Qur'an, the hadith, and the biography of Mohammed.^[11] Stoning is well-established in the Sunni hadith of Sahih Bukhari, where it is recorded that Mohammed ordered it over 34 times as a punishment.^[12] According to Ibn Qudamah, “Muslim jurists are unanimous on the fact that stoning to death is a specified punishment for the married adulterer and adulteress. The punishment is recorded in number of traditions and the practice of the Prophet (peace and blessings be upon him) stands as an authentic source supporting it. This is the view held by all Companions, Successors and other Muslim scholars with the exception of Kharijites.”^[13]

In hadith. Shi'a hadith related to stoning can be found in Kitab al-Kafi while Sunni hadith related to stoning can be found in the Sahih Bukhari and Sahih Muslim, the two most respected collections of Sunni hadith:^[14]

Sahih Muslim, Book 17, Chapter 6: Stoning to Death of Jews and Other Dhimmis In Cases of Adultery, Number 4216: Jabir b.'Abdullah reported that Allah's Apostle (may peace be upon him) stoned (to death) a person from Banu Aslam, and a Jew and his wife.^[15]

Sahih Bukhari, Volume 2, Book 23: Funerals, Number 413: Narrated 'Abdullah bin 'Umar: The Jew brought to the Prophet a man and a woman from amongst them who have committed (adultery) illegal sexual intercourse. He ordered both of them to be stoned (to death), near the place of offering the funeral prayers beside the mosque." ^[16]

Sahih Bukhari, Volume 3, Book 50: Conditions, Number 885: Narrated Abu Huraira and Zaid bin Khalid Al-Juhani: A bedouin came to Allah's Apostle and said, "O Allah's apostle! I ask you by Allah to judge My case according to Allah's Laws." His opponent, who was more learned than he, said, "Yes, judge between us according to Allah's Laws, and allow me to speak." Allah's Apostle said, "Speak." He (i .e. the bedouin or the other man) said, "My son was working as a laborer for this (man) and he committed illegal sexual intercourse with his wife. The people told me that it was obligatory that my son should be stoned to death, so in lieu of that I ransomed my son by paying one hundred sheep and a slave girl. Then I asked the religious scholars about it, and they informed me that my son must be lashed one hundred lashes, and be exiled for one year, and the wife of this (man) must be stoned to death." Allah's Apostle said, "By Him in Whose Hands my soul is, I will judge between you according to Allah's Laws. The slave-girl and the sheep are to be returned to you, your son is to receive a hundred lashes and be exiled for one year. You, Unais, go to the wife of this (man) and if she confesses her guilt, stone her to death." Unais went to that woman next morning and she confessed. Allah's Apostle ordered that she be stoned to death.^[17]

Usage today

Stoning is practiced in Afghanistan, Saudi Arabia, Somalia, Sudan, Nigeria, and Iran.^[18]^{[citation needed]}

Afghanistan

Before the Taliban government, most areas of Afghanistan, aside from the capital, Kabul, were controlled locally by warlords or tribal leaders and the Afghan legal system depended highly on an individual community's local culture and the political and/or religious ideology of its leaders. Stoning also occurred in lawless areas, where vigilantes decide to commit the act for political purposes. Once the Taliban Government took over, stoning became the official punishment for many crimes, although once the U.S.-led occupation started, stoning had ended as an official court ruling, but still occurs unofficially.^[19] A Taliban-ordered public stoning of a couple accused of adultery took place in Kunduz on August 15, 2010.^[20]

Somalia

In October, 2008, a girl, Aisho Ibrahim Dhuhulow, was buried up to her neck at a football stadium, then stoned to death in front of more than 1,000 people. The stoning occurred after she had allegedly pleaded guilty to adultery in a sharia court in Kismayo, a city controlled by Islamist insurgents. According to the insurgents she had stated that she wanted shari`ah law to apply.^[21]

However, other sources state that the victim had been crying, that she begged for mercy and had to be forced into the hole before being buried up to her neck in the ground.^[22] Amnesty International later learned that the girl was in fact 13 years old and had been arrested by al-Shabab militia after she had reported being gang-raped by three men.^[23]

In December 2009, another instance of stoning was publicised. Mohamed Abukar Ibrahim was accused of adultery by the Hizbul Islam militant group.^[24]

Saudi Arabia, Sudan

Stonings, with and without legal proceedings, have been reported in Sudan and Saudi Arabia.^[25]

Nigeria

More than a dozen Nigerian Muslims have been sentenced to death by stoning for sexual offences ranging from adultery to homosexuality since the Sharia legal system was introduced in 2000. But none of these death sentences has actually been carried out. They have either been thrown out on appeal or commuted to prison terms as a result of pressure from human rights groups. Many others have been sentenced to flogging for drinking alcohol. There have been two amputations in north-western Zamfara State which pioneered the introduction of the Islamic legal system in the country.

Iran

The Iranian judiciary officially placed a moratorium on stoning in 2002, although the punishment remained on the books, and there were a few cases of Judges handing down stoning sentences in 2006 and 2007 ^[26] In 2008, Iran's judiciary decided to fully scrap the punishment from the books in a legislation submitted to parliament for approval.^[27] As of June 2009, Iran's parliament has been reviewing and revising the Islamic penal code to omit stoning as a form of punishment.^[28]

In Iran, stoning as a punishment did not exist until 1983, when the contemporary Islamic Penal Code was ratified. Many Muslim jurists in Iran are of the opinion that while stoning can be considered Islamic, the criteria under which it can be imposed as a sentence are stringent: Because of the large burden of proof needed to reach a guilty sentence of adultery, its penalty is hardly ever applicable.

Furthermore, while legally on the books, because of vociferous domestic and international controversy and outcry over stoning in the early years of the Islamic republic, the government placed official moratoriums on the punishment and, as a result, it was rarely practiced. Nevertheless, much of the public was outraged that such a backward and torturous ritual became instituted in the laws of their country.^[29] In 2002, Iran's judiciary indicated that stoning will no longer be practiced in Iran.^[30] However, following the election of Ahmadinejad, there were reports of judges handing down stoning sentences in 2006 and 2007, and 2010. Finally, in 2008, Iran's judiciary decided to scrap the punishment of stoning in draft legislation submitted to parliament for approval.^[27] In July 2010, the Iranian judiciary spokesman Jamal Karimirad was quoted as saying "Stoning has been dropped from the penal code for a long time, and in the Islamic republic, we do not see such punishments being carried out", further adding that if stoning sentences were passed by lower courts, they were over-ruled by higher courts and "no such verdicts have been carried out."^[31]

Views

Support for the practice of stoning

In a survey carried out in Indonesia it found that "almost half the respondents back stoning as a punishment for adulterers."^[32] However, some scholars disagree with this report, stating that the Indonesian government conducting a survey about stoning is irrelevant because capital punishment does not exist in Indonesian law and is unlikely to be implemented because it contradicts the constitution of Indonesia.^[33] Therefore, this report is not official and its validity can not be verified. Indonesian law is based on civil law system. Stoning currently is against the law in Indonesia, defined as a "Crime Against Life and Torture."^[34]

Groups against the practice of stoning

Stoning has been condemned by several human rights organizations. Some groups, such as Amnesty International^[35] and Human Rights Watch, oppose all capital punishment, including stoning. Other groups, such as and RAWA (Revolutionary Association of the Women of Afghanistan), oppose stoning per se as an especially "cruel" practice.

Specific sentences of stoning, such as the Amina Lawal case, have often generated international protest. Groups like Human Rights Watch,^[36] while in sympathy with these protests, have raised a concern that the Western focus on stoning as an especially "exotic" or "barbaric" act distracts from what they view as the larger problems of capital punishment. They argue that the "more fundamental human rights issue in Nigeria is the dysfunctional justice system."

In Iran, the Stop Stoning Forever Campaign was formed by various women’s rights activists after a man and a woman were stoned to death in Mashhad Iran in May 2006. Their main goal is to legally abolish stoning as a form of punishment for adultery in Iran.^[30]

People who were stoned to death

Saint Stephen, about AD 34-35
Pancras of Taormina, about AD 40
James the Just, in AD 62, after being condemned by the Sanhedrin
Saint Timothy, after AD 67
Lucius Appuleius Saturninus, d. 100 BC, grandfather of later triumvir Marcus Aemilius Lepidus
Constantine-Silvanus, founder of the Paulicians, stoned in 684 in Armenia
Saint Eskil, Anglo-Saxon monk stoned to death by Swedish Vikings, about 1080
Moctezuma II, 1520, last Aztec Emperor (although the Aztecs claim he was executed by the Spanish)
Soraya Manutchehri, 1986, stoned to death in Iran after being falsely accused of adultery
Du’a Khalil Aswad, 2007, stoned to death in Iraqi Yazidi Kurdistan (2007)

People who were almost stoned

Amina Lawal, sentenced to death by stoning in Nigeria in 2002, but freed on appeal
Sakineh Mohammadi Ashtiani sentenced to death by stoning in Iran in 2007, but sentence is under review.

People stoned (in religious texts)

In the Tanakh and Old Testament:

The son of an Israelite woman and an Egyptian man, for cursing God (Leviticus 24:10–23)
A man who gathered wood on Shabbat (Numbers 15:32–36)
Yeshu, a person mentioned in the Talmud as a sorcerer and an inciter to idolatry
Achan (Joshua 7)
Adoniram, King Rehoboam's tax man (I Kings 12:18)
Naboth, (I Kings 21)
Zechariah ben Jehoiada, who denounced the people's disobedience to the commandments (II Chronicles 24:20–21, perhaps also Matt. 23:35)

In the New Testament:

Saint Stephen, sentenced for blasphemy c. AD 31(Acts 6:8–14 Acts 7:58–60).

Others:

Palamedes (mythology), stoned to death as a traitor.

People who were almost stoned (in religious texts)