Stoning as Punishment in Early Islam

Stoning as Punishment in Early Islam explores some of the contingencies that contributed to the process by which death by lapidation (rajm)-stoning-became a standard punishment for illicit sexual intercourse (zina) for certain schools in the Islamic legal tradition. Syed Atif Rizwan explores stoning through a critical examination of the transmission history and textual content of key hadith, as well as a review of procedural and substantive laws relating to zina. Rizwan offers analysis of key historical texts and legal rulebooks to provide insights into the development of dogma that later became orthodox. In addition to providing an overview of the development of Islamic law and jurisprudence for the stoning punishment, this book offers new insights into the development of Islamic criminal law and the role of historical context in the shaping of legal rulings.

Syed Atif Rizwan joined the faculty of the Catholic Theological Union in 2018 and became director of the Catholic-Muslim Studies Program in 2020. His research interests include history of Islamic law; hadith studies; medieval and post-modern theories of punishment; and interreligious dialogue and studies.

Introduction

Chapter 1: Zina-Stoning, HADITH, and LAW
Section 1. The Prohibition of Zina
Section 2. Zina-Stoning Cases and Law
Section 3. Non-virginity and ihsan as Legal Elements for Zina-Stoning
Section 4. The Exegetical Tradition and Zina-Stoning

Chapter 2: What Does the Torah Say? The Stoning of Jewish Zin? Offenders
Section 1. The Qur'an, Jewish Communities in Medina, and the Rabbinic Legal Tradition
Section 2. Hadith by the Companion Jabir b. Samura (d. 74/693, Kufa and Medina)
Section 3. Hadith by the Companion al-Bara' b. 'Azib b. al-Harith (d. c. 72/691, Kufa and Medina)
Section 4. Hadith by the Companion Jabir b. 'Abd Allah (d. 78/697, Baghdad, Egypt, Medina, and Syria)
Section 4.1 Reports on the authority of Abu Zubayr (d. 128/746, Mecca and Medina)
Section 4.2 Reports on the authority of al-Sha'bi (d. c. 105/723, Hamdan, Kufa, and Syria)
Section 5. Hadith by the Companion 'Abd Allah b. 'Umar (d. 74/693, Medina)
Section 5.1 Reports on the authority of Nafi' (d. c. 117/735, Egypt and Medina) Mawla Ibn 'Umar)
Section 5.1.1 Malik b. Anas (d. 179/795, Medina)
Section 5.1.2 Ayyub b. Kaysan al-Sakhtiyani (d. 131/749, Basra and Medina)
Section 5.1.3 Musa b. 'Uqba (d. c. 141/748, Medina)
Section 5.1.4 Other Students of Nafi'
Section 5.1.5 Nafi' mawla Ibn 'Umar (d. c. 117/735, Egypt and Medina)
Section 5.2 'Abd Allah b. Dinar (d. 127/745, Medina) - Ibn 'Umar
Section 5.3 Zayd b. Aslam (d. 140/757, Medina) - Ibn 'Umar
Section 6. Hadith by the Companion Abu Hurayra (d. c. 58/677, Mecca, Medina, and Yemen)
Section 7. A Brief Excursus
Section 8. The PJZO hadith in Tafsirs

Chapter 3: The Islamization of the Stoning Punishment (Part 1): The Self-Confessing Woman
Section 1.1. Reports by the Companion 'Imran b. Husayn (d. c. 53/672, Basra, Kufa, Medina, and Syria)
The unidentified self-confessing woman
Section 1.2. The self-confessing woman from the tribe of Juhayna
Section 2. Reports by the Companion Burayda b. al-Husayb (d. 63/683, Basra, Khurasan, Marw, Mecca, Medina, and Syria)
Section 2.1 Versions on the authority of 'Abd Allah b. Burayda
Section 2.2. Reports on the authority of Sulayman b. Burayda (d. 105/723, Basra and Marw)
Section 3. Reports by the Companion Abu Bakra Nufay' b. al-Harith al-Thaqafi (d. c. 55/674, Basra and Syria)
Section 4. The Companions 'Imran b. Husayn, Burada b. al-Husayb, and Abu Bakra

Chapter 4: The Islamization of the Stoning Punishment (Part 2): The Politics of 'Umar b. al-Khatta
Section 1. 'Umar, Zina, and Stoning
Section 2. The Politics of 'Umar
Section 3. Reports attributed to the Companion 'Abd Allah b. 'Abbas (d. 68/687)
3.1. Reports on the Authority of 'Ubayd Allah b. 'Abd Allah b. 'Utba b. Mas'ud
3.2. Reports on the Authority of Yusuf b. Mihran (d. c. 109/727)
Section 4. Reports Attributed to Sa'id b. al-Musayyab (d. c. 94/712)

Conclusion