بِسْــــــــــــــــــــــمِ اَللّهِ الرّحْمن الرّحيم
السَّلاَمُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَتُهُ
آللّهُمَ صَلّیۓِ ۈسَلّمْ عَلۓِ سَيّدنَآ مُحَمّدْ وَ عَلۓ آلِ سَيّدنَآ مُحَمَّدٍ
The penalty for adultery is stoning, the death penalty by stoning. Nevertheless, keep in mind that stoning is not the only punishment. In addition to stoning, there is also a whip punishment 100 times for adulterers. Even the caning law is even based directly on the verses of the Quran:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِئَةَ جَلْدَةٍ وَلاَ تَأْخُذْكُم بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِّنَ الْمُؤْمِنِينَ
Women and men who commit adultery then volume each of them 100 times. And let not their mercy prevent you from practicing the religion of Allah, if ye believe in Allah and the Last Day. And let the execution of their punishment be witnessed by a group of believers. (Surah An-Nuur: 2).
While the basic masyru'iyah stoning we find in the hadith of the Prophet:
وَاغْدُ يَا أُنَيْس عَلىَ امْرَأَةِ هَذَا فَإِنِ اعْتَرَفَتْ فَارْجُمْهَا
O Unais, go to the woman and if she confessed adultery then stoned.
Then when did the adulterers be punished for stoning and when to punish the whip?
Rajam is a special punishment for people who commit adultery with muhshan status, that is married. While the whip 100 times is a punishment for the unmarried.
Whether stoning or whipping 100 times, both agreed by the scholars as hudud law, the punishment of the way and the form is 100% set by Allah SWT directly.
Requirement of Applying of Rajam Law
People who already adultery, he must undergo punishment in accordance with the provisions of Allah SWT, that is punished stoning or whip. But to run the stoning and flogging law, Allah SWT. also has arranged and made the terms and provisions that must be implemented. One of them is requiring the judge to avoid both, as long as there is still a republic. Rasulullah SAW said:
اِدْرَؤُوا الحُدُودَ باِلشُّبُهَاتِ
Avoid the law of hudud with the existence of syubuhat.
There are several conditions to be able to apply stoning and other hudud laws, among others:
- Authorized Legal Areas
Stoning laws and other shari'a laws must be formally enforced in advance of a legal jurisdiction which administers Islamic law.
Within the jurisdiction there must be a society that is literate in sharia law, conscious, understand, understand and know exactly all the provisions and types of punishments that apply. Added again they agree and ridha for the law's validity.
2.The existence of the Syar'iyah Court
The implementation of stoning may only be exercised by the official and legitimate syar'iyah court. This court may only be led by qadhi who is an expert in Islamic sharia. This Qadhi should be appointed and legally and legally appointed by the state, not just non-formal leaders.
3.Events Occur in the Legal Territory
The case of adultery and other finger cases can only be processed if the law occurs in the jurisdiction that has implemented the above Islamic sharia.
As an illustration, if there are Saudi people committing adultery in Indonesia, it can not be prosecuted in the jurisdiction of the Kingdom of Saudi Arabia. And vice versa, although Indonesian nationality, but if adultery in the jurisdiction of the Kingdom of Saudi Arabia, must be sentenced stoning.
4.Fulfillment of All Terms for Perpetrators of Zina
Not all adulterers can be punished by stoning. At least he must be a muhshan who fulfill the following conditions, that is the religion of Islam, his age has reached the age of baligh, healthy mind aka sensible, status of free and not slave, iffah and married (tazwij).
If any of the above conditions are not met, then the law of stoning void by law, can not be implemented, even the law is prohibited based on Islamic Shari'a.
5.Testimony of 4 Persons or Self-Confessions
In order to be processed in the syar'iyah court, the adultery case must be submitted to the green table. There are only two doors, namely through the testimony and self-acknowledgment of adulterers.
If through the testimony, the conditions of the witnesses must be at least 4 people, all men, akil, baligh, Muslim, and all see the incident directly into the genital tract of men who adultery, directly and not with recording, at the same time. Because of the difficult conditions of this testimony, in fact the Prophet Muhammad himself has never dropped stoning laws on cases of adultery based on the testimony of others. For three times the case of adulterers was sentenced to stoning, all based solely on the confession concerned.
So if we conclude, how difficult the application of this stoning law, even Rasulullah SAW can not apply this punishment casually. He once rejected women who surrendered themselves to be stoned, because there are still many conditions that are not met.
Is Rajam Becoming a Requirement for Receiving Taubat?
So if stoning is a condition of acceptance of repentance, it seems a bit excessive. It is a little misleading to say that the execution of this punishment is a condition of forgiveness of sins. The problem though that adultery willingly stoned, not necessarily stoning law can be applied. So whether the adulterer was so unacceptable taubatnya, just because the procedure is not possible execution of stoning punishment?
The answer is certainly not. The business of forgiveness has nothing to do with the implementation of stoning. The business of forgiveness is determined from whether the perpetrator repented or not.
So even if an adulterer is stoned, but if in itself he does not repent, it will not be forgiven. On the contrary, although not applied stoning law with various problematikanya, as long as an adulterer have repented, of course Allah SWT. Merciful. We do not say must be accepted taubatnya, but we know Allah SWT. The Recipient of Repentance.
Of course we are still obliged to enforce sharia law, including stoning. But the step should be coherent, which starts from the education of Islamic law in all lines of life. If this nation can be intelligent, so that the literacy of sharia, it is very easy to establish a legal area that officially applies Islamic law.