Stoning married adulterers is the
Sunnah, not the Qur’an

Q617 :I read in a book entitled Punishment in
Islamic Law by Muhammad Al-Awa that a Qur’anic verse was abrogated. He
refers to this in his discussion of stoning as the punishment for
adultery. He also says: “Umar asked the Prophet to allow him to write
the abrogated verse but the Prophet refused.” Am I to infer from what
the author says that the Prophet could have hidden from us a Qur’anic
verse that Allah has revealed to him. Please clarify.


A617 : Dr. Muhammad Al-Awa is a close friend of mine
and over the years I have had the privilege of discussing with him a
good number of Islamic issues, particularly their legal aspects, as Dr.
Al-Awa is a distinguished lawyer in addition to his being an Islamic
scholar. I have consulted what he has written in the book you have
mentioned as well as in other books of his, particularly his priceless
work, Fundamentals of the Islamic Criminal Law. Let me first of all
tell you that at no point does Dr. Al-Awa imply what you have inferred.
I would have certainly asserted that on the basis of my personal
knowledge of the man. But I referred to his writings in order to find
out whether such an inference on your part can be justified. Again I
say without hesitation that your inference cannot be supported on the
basis of what Dr. Al-Awa has written. Your inference is, therefore,
wrong because it is based on lack of knowledge of what is meant by
abrogation, which is known in Islamic terminology as “naskh”. In order
to make things clear, I will first refer briefly to the particular case
of the relevant verse before I discuss the concept of abrogation in
general. The verse in question is said to indicate in clear terms the
prescribed punishment for adultery, which means an illegitimate sexual
intercourse between a married man and a married woman other than his
wife. When this offense is proven either by a confession made
voluntarily by the offenders or by the testimony of four witnesses who
state under oath that they have seen the couple actually netmitting the
offense, the offenders are punished by stoning to death. This
punishment is agreed by scholars and there is no question about it.
Some scholars say that its basis is a verse of the Qur’an which was
revealed stating this punishment, but later this verse was abrogated
verbally, but its import continued to be retained. This is stated by
scholars of Hadith who attribute to Umar saying that he would have
written this verse by the side of the Qur’an, except for his fear that
people might think that he has added something to Allah’s book. Dr.
Al-Awa mentions this without discussing it in detail. He, however,
argues that the basis of this punishment is the Sunnah, not this verse,
whether or not it was actually revealed and subsequently abrogated. We
have very clear statements by the Prophet specifying the punishment for
married adulterers and we have also his practical example as he

enforced this punishment on them. Dr. Al-Awa’s argument is most valid,
and there is no doubt that the basis of the punishment of stoning for
married adulterers is the Sunnah, not the Qur’an. The concept of
abrogation is well known, because Allah revealed the Qur’an over a
period of 23 years. There were certain rules and regulations which
needed a gradual approach. The clearest example of abrogation is the
direction the Muslims face when they pray. At one stage, they were
netmanded to face Jerusalem in their prayers. In the second year after
the Prophet’s settlement in Madinah, this was changed by a specific
order by Allah to the Prophet and to all Muslims to turn toward the
Ka’aba whenever they wish to pray. The first order to face Jerusalem is
not stated in the Qur’an, but the second which abrogates the first and
determines the new direction of the Qiblah is contained in the Qur’an
where Allah refers to the first direction as His own order. As you are
well aware, the Prophet does not make an order to Muslims on his own
initiative. He only obeys what is revealed to him. Revelations to the
Prophet were not limited to the Qur’an. Other things were revealed to
him either by inspiration or instruction. Allah tells us in the Qur’an
that the Prophet “does not speak out of his own fancy. It is all an
inspiration sent down to him.” (53; 3-4) Therefore, what the Prophet
teaches us is part of our religion. It is not something that he has
determined by himself. It is certainly revealed to him. When something
is abrogated, that abrogation netes through revelation of equal status.
A Qur’anic order may be abrogated with a new Qur’anic order, and an
order contained in a Hadith can be abrogated either by the Qur’an or by
a subsequent Hadith. As the Qur’an was being revealed, it molded the
first Muslim netmunity in such a way which makes that netmunity an
example to be followed by all Muslim generations. The Qur’an took that
netmunity by the hand and guided it through different stages of
development. Therefore, the concept of abrogation was necessary as the
netmunity moved from one stage to another in its advocacy and
implementation of the new faith. The initial orders which required the
Muslims to do something, and the subsequent ones which changed that
requirement or practice, have been retained, because they are of
immense value to us when we study the life and the work of that first
Muslim netmunity. I hope that I have clarified this concept
adequately. May I nete back to your inference which you expressed in
the following words: “I infer that the Prophet (peace be upon him)
could have hidden from us a verse that Allah revealed to him.” May I
tell you that this is very serious indeed. The Prophet has conveyed
Allah’s message to us netplete. He has not hesitated to convey anything
revealed to him, even though it might have stirred endless tally to his
mission, conveying to us every detail Allah has given him. Every Muslim
should believe so, otherwise his statement that he believes in Prophet
Muhammad (peace be upon him) as Allah’s messenger will be called in
question. The Prophet has also given us good counsel to follow the
divine constitution which was revealed to him. May Allah give him the
greatest of regard and blessing He gives to any other messenger of His.


Our Dialogue ( Source : Arab News – Jeddah )