Wherever there is a need for killing, the ruling on it has been stated in the Quran; because killing one person is equal to killing all people. Then why has the ruling on stoning not been stated in the Quran?! Must stoning be intended to kill or only to deter? If the evidence for stoning is Hadiths, how can they abrogate or specify the Quran while both are not permissible in the opinion of His Eminence Mansoor?!
The punishment for a man and woman who commit fornication is to be flogged with one hundred lashes in the presence of a group of believers; because Allah Almighty has commanded it and said: ﴿الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ ۖ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۖ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنَ الْمُؤْمِنِينَ﴾[1]; “As for the male fornicator and the female fornicator, flog each of them with one hundred lashes, and let not pity for them overcome you concerning the religion of Allah if you believe in Allah and the Last Day, and a group of believers must witness their punishment.” There is no difference in this regard between a married man or woman who has access to a spouse, and an unmarried man or woman who does not have access to a spouse; because both fall under ﴿الزَّانِيَةُ وَالزَّانِي﴾; “the male fornicator and the female fornicator” and are included in the ruling of Allah Almighty in the Quran, and it is not possible to specify this general Quranic ruling to the unmarried by quoting as evidence the Hadiths that have been narrated about the stoning of the married, even though they are mutawatir; because the Sunnah, as Allamah Mansoor Hashemi Khorasani has explained in his book Return to Islam[2], cannot abrogate, specify, or generalize the Quran, but rather it can only explain it, by clarifying its branches and examples. Therefore, a man and woman who commit fornication, whether they are married or unmarried, are flogged with one hundred lashes in the presence of a group of believers.
Yes, a man and woman who have access to a spouse for themselves and yet have committed the heinous act of fornication do not only fall under ﴿الزَّانِيَةُ وَالزَّانِي﴾; “the male fornicator and the female fornicator,” but they are also corruptors on the earth; because their fornication has not arisen from a need for sexual intercourse and an inability to fulfill it legitimately, but rather it has arisen from their extreme wickedness and dissoluteness, which has led to the weakening of the family system and a decline in the feeling of trust and loyalty among Muslims, and has imposed exorbitant cultural costs on the Islamic society, and in these aspects, it is a clear example of “spreading corruption on the earth,” which is one of the justifications for killing in the Book of Allah Almighty; as one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ الْهَاشِمِيَّ الْخُرَاسَانِيَّ يَقُولُ: لَا يُحِلُّ دَمَ امْرِئٍ مُسْلِمٍ إِلَّا قَتْلُ النَّفْسِ الَّتِي حَرَّمَ اللَّهُ أَوْ فَسَادٌ فِي الْأَرْضِ، فَقَدْ قَالَ اللَّهُ تَعَالَى: ﴿مَنْ قَتَلَ نَفْسًا بِغَيْرِ نَفْسٍ أَوْ فَسَادٍ فِي الْأَرْضِ فَكَأَنَّمَا قَتَلَ النَّاسَ جَمِيعًا﴾[3]، قُلْتُ: أَمَّا قَتْلُ النَّفْسِ الَّتِي حَرَّمَ اللَّهُ فَقَدْ عَرَفْتُهُ، فَمَا الْفَسَادُ فِي الْأَرْضِ؟ قَالَ: مَنْ أَضَلَّ قَوْمًا عَنْ سَبِيلِ اللَّهِ، أَوْ أَخَافَ النَّاسَ عَلَى أَنْفُسِهِمْ وَأَمْوَالِهِمْ، أَوِ ارْتَدَّ عَنْ دِينِهِ مُجَاهِرًا، أَوْ زَنَى وَهُوَ مُحْصَنٌ، فَقَدْ أَفْسَدَ فِي الْأَرْضِ»; “I heard Mansoor Hashemi Khorasani say: ‘Nothing makes the blood of a Muslim lawful except for killing a human being whom Allah has forbidden (to kill) or spreading corruption on the earth; because Allah has said: “Whoever kills a human being, except (as a punishment) for killing a human being or (spreading) corruption on the earth, it is as if he has killed all people.”’ I said: ‘As for killing a human being whom Allah has forbidden, I know it, but what is corruption on the earth?’ He said: ‘Whoever misleads people from the way of Allah, causes people to fear for their lives and their properties, openly renounces his religion, or commits adultery while being married has indeed spread corruption on the earth.’”
It is clear that killing can be done by stoning. From here, it is understood that the mutawatir Hadiths about stoning married fornicators do not contradict the Quran; because they do not specify His statement: ﴿فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ﴾; “flog each of them with one hundred lashes,” but rather they explain His statement: ﴿إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا﴾[4]; “The punishment for those who wage war against Allah and His Prophet and spread corruption on the earth is nothing but to be killed”; as it is understood that stoning does not prevent flogging; because one is the punishment for fornication, and the other is the punishment for waging war against Allah and His Prophet and spreading corruption on the earth, and both verses must be acted upon; as it has been narrated from the Messenger of Allah that he said: «الثَّيِّبُ بِالثَّيِّبِ جَلْدُ مِائَةٍ وَالرَّجْمُ»[5]; “If they (fornicate while they) are married, they shall receive hundred lashes and be stoned to death.” This is the view of Ali
and the Imams from his offspring[6], as well as the view of Allamah Mansoor Hashemi Khorasani
; as one of our companions informed us, he said:
«سَمِعْتُ الْمَنْصُورَ يَقُولُ: الْخَبِيثُ الْمُحْصَنُ مُحَارِبٌ لِلَّهِ وَرَسُولِهِ، وَلَوْ رُفِعَ إِلَى إِمَامٍ عَادِلٍ لَأَقَامَ عَلَيْهِ الْحَدَّ ثُمَّ قَتَلَهُ، قُلْتُ: كَيْفَ يَقْتُلُهُ؟ قَالَ: جَرَتْ سُنَّةُ الْأَنْبِيَاءِ بِالرَّجْمِ، وَلَوْ شَاءَ الْإِمَامُ لَضَرَبَ عُنُقَهُ»[7]; “I heard Mansoor say: ‘The wicked married person (i.e., an adulterer who has access to a spouse for himself) has waged war against Allah and His Prophet, and if he is taken to a just Imam, he will carry out the punishment (of whipping) on him and then kill him.’ I said: ‘How will he kill him?’ He said: ‘The way of the Prophets is stoning, but if the Imam wants, he will behead him.’”
Based on this, it is not correct to claim that stoning does not exist in the Quran; because stoning is an example of a general ruling that exists in the Quran, which is killing those who wage war against Allah and His Prophet and spread corruption on the earth in a severe manner, which is referred to as “killing severely”; as one of our companions informed us, he said:
«قُلْتُ لِلْمَنْصُورِ: إِنَّهُمْ يَقُولُونَ لَيْسَ الرَّجْمُ فِي كِتَابِ اللَّهِ! قَالَ: كَذَبُوا، أَمَا يَقْرَؤُونَ قَوْلَهُ تَعَالَى: ﴿إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا﴾؟! قُلْتُ: بَلَى، قَالَ: إِنَّ رَجْمَهُمْ مِنَ التَّقْتِيلِ، وَتَحْرِيقَهُمْ بِالنَّارِ مِنَ التَّقْتِيلِ، وَهَدْمَ الْجِدَارِ عَلَيْهِمْ مِنَ التَّقْتِيلِ، وَقَذْفَهُمْ مِنَ الْجَبَلِ مِنَ التَّقْتِيلِ، وَقَدْ بَعَثَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فِي آثَارِهِمْ، فَأَخَذَهُمْ وَقَطَعَ أَيْدِيَهُمْ وَأَرْجُلَهُمْ مِنْ خِلَافٍ، وَسَمَلَ أَعْيُنَهُمْ، ثُمَّ تَرَكَهُمْ فِي الْحَرَّةِ يَقْضِمُونَ الْحَجَرَ حَتَّى يَهْلِكُوا»[8]; “I said to Mansoor: ‘They say that stoning is not in the Book of Allah!’ He said: ‘They are lying. Do they not recite the words of Allah Almighty that has said: “The punishment for those who wage war against Allah and His Prophet and spread corruption on the earth is nothing but to be killed severely”?!’ I said: ‘Yes.’ He said: ‘Indeed, stoning them is severely killing (them), setting them on fire is severely killing (them), destroying a wall on them is severely killing (them), and throwing them down a mountain is severely killing (them), and indeed, the Messenger of Allah sent after them, so he caught them, cut their hands and feet on opposite sides, gouged their eyes out, and then left them in the heat to gnaw on stones until they perished.’”
Undoubtedly, this severity in the punishment of married fornicators is just; since it is not just for their punishment to be equal to the punishment of unmarried fornicators; considering that their sin is greater and much more harmful. Therefore, Allah Almighty, by virtue of His justice, must increase the punishment of married fornicators so that the punishment of the two groups is proportional to their sin and His statement is fulfilled, where He has said: ﴿وَالَّذِينَ كَسَبُوا السَّيِّئَاتِ جَزَاءُ سَيِّئَةٍ بِمِثْلِهَا﴾[9]; “And those who have earned evil deeds, the punishment of an evil deed is the like of it.” However, the verse of flogging is devoid of this severity, and therefore, it must be searched for in another verse, which is the verse of waging war against Allah and His Prophet and spreading corruption on the earth that includes married fornicators with its generality and absolute indication.
However, it must be noted that according to the rule of Allamah Mansoor Hashemi Khorasani in the book Return to Islam, the establishment of Islamic punishments is only within the jurisdiction of Allah’s Caliph on the earth and contingent on the establishment of all other Islamic rulings that are considered preventive measures against crimes. This rule is more worthy of attention when it comes to establishing severe punishments such as the punishment for waging war against Allah and His Prophet and spreading corruption on the earth, especially stoning. Therefore, there are many narrations that explicitly state the necessity of the presence of the “Imam” to carry out stoning, indicating that the first to stone is the Imam[10], and the intended meaning of “Imam” in them is a just Imam whom Allah has appointed for people, who is Allah’s Caliph on the earth, not an unjust ruler who himself deserves all sorts of punishments!
As a result, if a married man and woman who have access to a spouse commit fornication under the rule of Allah’s Caliph on the earth, they are both sentenced to one hundred lashes and death, and their death is to be carried out through stoning according to the way of the Prophets. However, Allah’s Caliph on the earth may see fit to use another method or, considering their circumstances, prefer a punishment other than death, such as crucifixion, amputation of the hand and foot on opposite sides, or banishment from the land, or pardon them if they repent before the proof is established; as Allah Almighty has said: ﴿إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ۚ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ إِلَّا الَّذِينَ تَابُوا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِمْ ۖ فَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ رَحِيمٌ﴾[11]; “The punishment for those who wage war against Allah and His Prophet and spread corruption on the earth is nothing but to be killed or crucified or have their hands and feet cut off on opposite sides or be banished from the land; that is the humiliation for them in the life of the world, and they will have a great punishment in the Hereafter; except for those who repent before you overpower them. Then know that Allah is the All-Forgiving, the Most Merciful.”