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    Pregnant woman to be stoned in Nigeria

    Pardon for the long news paste but I did not just want to give the link - it sometimes disappear.

    Adultress appeals against death by stoning

    Kano, Nigeria - The government of a Nigerian state where an Islamic court last month sentenced a woman to death by stoning said on Wednesday an appeals court will eventually determine her fate.

    Counsel to Safiya Tungar-Tudu, 33, who is hiding after her conviction on October 9 for adultery by an Islamic court in Gwadabawa, Sokoto State, has appealed against the sentence.

    The hearing in the appeal will come up on November 27 at the Sokoto State Sharia Court of Appeal amid local and international criticisms against the death sentence.

    In a local radio report monitored here on Wednesday, Kano State Justice Commissioner Aliyu Abubakar Saina said the government will allow the appeals court to determine Tungar-Tudu's fate.

    'Nobody can dismiss the sentence except the appeals court'
    "Nobody can dismiss the sentence except the appeals court," he said.

    He said the public outcry and appeals against the death sentence were misplaced.

    "We have to allow due process of law to take its course since the application of Sharia law is constitutional," he added.

    Last week, the woman's lawyer, Imam Ibrahim, told reporters he filed the appeal for a stay-of-execution and would be seeking the woman's freedom.

    "My legal team is only interested in the freedom of the woman and will do everything possible within the Islamic legal system to ensure this at the appeal," he said.

    'My legal team is only interested in the freedom of the woman'
    The sentence passed by the court has been condemned by human rights groups in Nigeria and abroad.

    If Tungar-Tudu's appeal fails, the sentence is that she should be buried in a hole up to her neck and stoned on the head until she dies. The man with whom she was charged with committing adultery was freed by the same court for lack of evidence.

    Nigerian human rights groups have called the sentence a "war on the constitution" of the secular federal nation as well as a violation of her rights.

    The justice commissioner's announcement appeared to be a reversal of the previous position taken by Kano State authorities.

    Last month, Information Commissioner Attahiru Mai-Akwai Gwadabawa said the lower court's decision was "irreversible" because it was based on the Islamic legal code.

    "Changing the rules in favour of the accused person as it is being advocated by some human rights organisations will contradict the principles of Sharia (strict Islamic law)," he added. - Sapa-AFP


    Previously on this forum someone pointed out that a pregnant woman can't be stoned due to some Islamic law. Is this true? How can the man get off free and the woman not?

    #2
    Im not sure abt this what i remember is that there is a hadith which is similar to this incident where an adultering woman got preg and the Prophet PBUH asked her to raise the child till he was 3 yrs of age or able to eat regular food like bread before she was punished... i dont remember if she was stoned to death or not

    Comment


      #3
      First of all, I don't see that woman is pregnant. Howcome a case of adultery makes up only one person? There is something fishy in the case. How can a court judge case of adultery involving only one woman? Its not clear from the news item.

      Second, if woman really is pregnant, then court should allow the woman to deliver the baby. I'm not sure if 'raising' is consented in any fiqh. But this is for sure that pregnant woman cannot be stoned to death during pregnancy.

      ------------------
      We oughta be Changez like, don't we?

      Comment


        #4
        Originally posted by Changez_like:
        First of all, I don't see that woman is pregnant.

        Also look at http://www.iol.co.za/index.php?click...5B265&set_id=1

        Howcome a case of adultery makes up only one person? There is something fishy in the case. How can a court judge case of adultery involving only one woman? Its not clear from the news item.

        Second, if woman really is pregnant, then court should allow the woman to deliver the baby. I'm not sure if 'raising' is consented in any fiqh. But this is for sure that pregnant woman cannot be stoned to death during pregnancy.
        [/QUOTE]

        That is what I wish to know. How are the laws during Sharia (spelling?) determined? What about the man getting off free?

        Comment


          #5
          If a woman is pregnant, she "can't" be stoned. And the man is just as guilty as the woman. Period.

          ------------------
          Who says nothing is impossible? I've been doing nothing all my life!

          Comment


            #6
            Humsa's right, if the woman is pregnant she can't be stoned, and if she hasn't weaned her child, she can't be stoned *i think*.

            There's a really good hadith, about this sort of situation, let me look it up for you.



            [This message has been edited by Girl from Quraysh (edited November 14, 2001).]

            Comment


              #7
              Found them

              Here are two versions of the hadith from Muslim and dawood....

              Narrated Imran ibn Husayn:
              A woman from Juhaynah came to Allah's Apostle(peace be upon him) and she had become pregnant because of adultery. She said: Allah's Apostle, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allah's Apostle (peace be upon him) called her master and said: Treat her well, and when she gives birth bring her to me. He did accordingly. Then Allah's Apostle (peace be upon him) pronounced judgment on her. Her clothes were tied around her and then he gave the order and she was stoned to death. He then prayed over her (dead body). Thereupon Umar said to him: Allah's Apostle, you offer prayer for her although she had committed adultery! Thereupon he said: She has made such a repentance that if it were to be divided among seventy men of Medina, it would be enough. Have you found any repentance better than that she sacrificed her life for Allah, the Majestic?
              (Sahih Muslim)

              Narrated Imran ibn Husayn:
              A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (peace be upon him) and said that she had committed fornication and that she was pregnant. The Apostle of Allah (peace be upon him) called her guardian. Then the Apostle of Allah (peace be upon him) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (peace be upon him) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her. Thereupon Umar said: Are you praying over her, Apostle of Allah, when she has committed fornication? He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life. Aban did not say in his version: Then her clothes were tied to her.
              (Abu Dawood)

              Comment


                #8
                Dear Brothers and Sisters,

                When there is CLEAR instruction in the Qur'an, why run to Hadith?

                And this (He commands): Judge thou between them by what God hath revealed..... (5:49)
                The punishment for adultery (zina) in Islam AS ALLAH HAS REVEALED is:

                The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment (24:2)
                Please do not 'discard' the Qur'an.

                And the Messenger will say, `O my Lord, my people indeed treated this Qur'an as a thing to be discarded.' (25:30)
                ------------------
                These are GOD's revelations that we recite to you truthfully. In which Hadith other than GOD and His revelations do they believe?(45:6)
                JaddoN kaddya jaloos ghareeba tay shehr ich choatalee lug gayee

                Comment


                  #9
                  there r many things for which u have to go to hadith....
                  does the Quran tell u the number of rakaat in a prayer....
                  or the procedure, NO....
                  u have to to follow them simultaneously....
                  and surely the Prophet (pbuh) understood the Quran better than u, and if he did what is reported in the Hadith mentioned above, we r bound to follow him....
                  it is a verse of the Quran "(O Prophet) tell (the believers) that if you love Allah, then follow me and Allah will love u and forgive ur sins"
                  Both Halal & Haram r evident but between them r doubtful things, most ppl have no knowledge about them. So whoever saves himself from suspicious things saves his religion & honor, & whoever indulges in suspicious things indulges in Haram.

                  Comment


                    #10
                    Okay...so now I am confused. What have I missed?

                    The Quran says to flog them 100 times each.
                    Hadees says to stone them.

                    Which do you follow? And why would you advocate the hadees over the Quran?

                    Comment


                      #11
                      armughal,

                      Salat is NOTHING new. It was decreed on Abraham and all those who came after him, because Allah chose Abraham to start this religion.

                      And strive in the cause of ALLAH as it behoves you to strive for it. HE has chosen you and has laid no hardship upon you in the matter of religion; so follow the faith of your father Abraham; HE has named you Muslims both before and in this Book, so that the Messenger may be a witness over you, and you may be witnesses over mankind. Therefore observe Prayer and pay the Zakaat, and hold fast to ALLAH. HE is your Protector and an Excellent Protector and an Excellent Helper! (22:78)
                      Even the pagans in Mecca offered Salat, albeit to the dieties they set up against Allah.

                      Their prayer at the House (of God) is nothing but whistling and clapping of hands: (Its only answer can be), "Taste ye the penalty because ye blasphemed." (8:35)
                      Children of Israel were told to observe Salaat too.

                      God did aforetime take a covenant from the Children of Israel, and we appointed twelve captains among them. And God said: "I am with you: if ye (but) establish regular prayers, practise regular charity,..... (5:12)
                      AND on Hazrat Isa (Jesus) as well.

                      "And He hath made me blessed wheresoever I be, and hath enjoined on me Prayer and Charity as long as I live; (19:31)

                      Therefore Allah didn't have to 'spell out' the Salat, but only remind Muslims to maintain their Salaat.

                      Tell me brother, how did YOU learn to pray? did you read Hadith (btw nowhere in the Hadith is Prophet Muhammad quoted as saying "this is how we offer salaat") when you were nine years old?? NO, your elders taught you, and their elders taught them.. Before Hadith were written, people offered Salaat, before Qur'an was released, people offered Salaat.

                      The times of five prayers are in the Qur'an. also in the Qur'an are the takbeer, surah-e-fateha, bowing down, falling prostrate and what we recite during these and shahada while we sit.

                      We have been asked by Allah to understand His Message. We cannot excuse ourselves from this duty. Messenger's duty was ONLY to deliver the message.

                      On the Messenger lies only the conveying of the Message. And ALLAH knows what you disclose and what you hide (5:99)
                      Let's not discard the Qur'an. Let's not dispute on the matter of the punishment prescribed by Allah. Allah has provided guidance for all of us in this Book. Let's read and understand it, because Allah has told us EXPLICITLY to judge using this book.

                      WE have surely sent down to thee the Book comprising the truth, that thou mayest judge between men by what ALLAH has taught thee. And be not thou a disputer on behalf of the faithless; (4:105)
                      Punishment of those committing adultery hence stands at 100 lashes as prescribed by Allah. Please do not set up idols beside Allah. HE is the one we worship. Not the messengers, not the people who wrote Hadith.

                      ------------------------------------------
                      These are GOD's revelations that we recite to you truthfully. In which Hadith other than GOD and His revelations do they believe?(45:6)

                      [This message has been edited by PakistaniAbroad (edited November 15, 2001).]
                      JaddoN kaddya jaloos ghareeba tay shehr ich choatalee lug gayee

                      Comment


                        #12
                        If one committed the adultery is MARRIED then he/she needs to be stoned. If one who committed adultery is NOT-MARRIED than he/she gets 100 lashes.

                        ------------------
                        We oughta be Changez like, don't we?

                        Comment


                          #13
                          Originally posted by armughal:
                          there r many things for which u have to go to hadith....
                          does the Quran tell u the number of rakaat in a prayer....
                          or the procedure, NO....
                          u have to to follow them simultaneously....
                          and surely the Prophet (pbuh) understood the Quran better than u, and if he did what is reported in the Hadith mentioned above, we r bound to follow him....
                          it is a verse of the Quran "(O Prophet) tell (the believers) that if you love Allah, then follow me and Allah will love u and forgive ur sins"
                          armughal

                          I know PakiAbroad belongs to a sect called "Ahl-e-Quran", they dont believe in Hadith and sunnat of Prophet (PBUH). I have couple of cousins belong to that sect. Talking to them is like banging ur head against wall. You cannot convice them unless Allah give them hidaya.....

                          Comment


                            #14
                            OAsis, did I ever reveal to you what 'sect' I follow?

                            I am just a simple Muslim and I denounce all 'sects'.

                            But they (mankind) have broken their religion among them into sects, each group rejoicing in its tenets. (23:53)
                            I'm a student of Islam struggling to understand and know better. Thankfully, I do not have a lemming mentality.

                            Now do you have an argument?

                            And when ALLAH alone is mentioned, the hearts of those, who believe not in the Hereafter, shrink with aversion; but when those beside HIM are mentioned, behold! they begin to rejoice (39:45)
                            ------------------
                            These are GOD's revelations that we recite to you truthfully. In which Hadith other than GOD and His revelations do they believe?(45:6)
                            JaddoN kaddya jaloos ghareeba tay shehr ich choatalee lug gayee

                            Comment


                              #15
                              Changez,

                              Take a look at this:

                              .......And if, after they are married, they are guilty of lewdness, they shall have half the punishment prescribe for free married women. This is for him among you who fears lest he should commit sin....(4:25)
                              Here Allah ordains punishment for married women 'whom your right hand possesses' if they indulge in lewdness.

                              Now tell me how you 'stone' someone 'halfway to death'!??

                              Clearly this punishment means 50 lashes instead of the 100 lashes for married AND unmarried women.

                              ----------------------------------------
                              These are GOD's revelations that we recite to you truthfully. In which Hadith other than GOD and His revelations do they believe?(45:6)

                              [This message has been edited by PakistaniAbroad (edited November 16, 2001).]
                              JaddoN kaddya jaloos ghareeba tay shehr ich choatalee lug gayee

                              Comment

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