Documental and Implicational Study of Stoning Decree

Subject Areas : Private law

Aliakbar Rabinataj ¹ , Zeynab Zargar ² , Hajar Asadi ³ , Mojtaba Hosseinezhad ⁴

1 - دانشگاه مازندران
2 - دانشگاه مازندران
3 - دانشگاه مازندران
4 - دانشگاه مازندران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Shiite jurisprudence, stoning, Islamic punishment, Stoning tradition, Adultery,

Abstract :

Doctrine of Islamic punishment aims to create individual and social security for the society. Also, safety of the society is depended on stability of the foundation of family. Stoning is a fixed and necessary decree from the perspective of the majority of Islamic sects, but some groups deny it based on their different viewpoints. The judicial approach is one of the most important approaches, because in addition to consensus, numerous traditions will corroborate this decree. These traditions are divided in terms of meaning in two positions: Evidence and Proof. Therefore, although some of the opponents accept these traditions in the position of Evidence, but others reject it in terms of Proof or implementation of stoning in the era of The Prophet and Infallible Imams, and so they try to show them invalid by criticizing the text and document of these traditions too. This study, by explanatory and analytical method, checks the validity of the traditions of stoning decree implementation in the four books of Shiite. The findings indicate correctness of these traditions and implementation of stoning in the era of The Prophet (pbuh) and after it.