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Stoning

Method of capital punishment

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Stoning appears to have been the standard method of capital punishment in ancient Israel. Its use is attested in the early Christian era, but Jewish courts generally avoided stoning sentences in later times. Only a few isolated instances of legal stoning are recorded in pre-modern history of the Islamic world. In recent decades several states have inserted stoning and other hudud (pl. of hadd) punishments into their penal codes under the influence of Islamist movements. These laws hold particular importance for religious conservatives due to their scriptural origin, though in practice they have played a largely symbolic role and tended to fall into disuse.

The Torah and Talmud prescribe stoning as punishment for a number of offenses. Over the centuries, Rabbinic Judaism developed a number of procedural constraints which made these laws practically unenforceable. Although stoning is not mentioned in the Quran, classical Islamic jurisprudence (fiqh) imposed stoning as a hadd (sharia-prescribed) punishment for certain forms of zina (illicit sexual intercourse) on the basis of hadith (sayings and actions attributed to the Islamic prophet Muhammad). It also developed a number of procedural requirements which made zina difficult to prove in practice.

In recent times, stoning has been a legal or customary punishment in Iran, the United Arab Emirates, Qatar, Mauritania, Saudi Arabia, Sudan, Yemen, northern Nigeria, Afghanistan, Brunei, and tribal parts of Pakistan, including the northwest Kurram Valley and the northwest Khwezai-Baezai region though it is rarely carried out. In some of these countries, including Afghanistan, it has been carried out extrajudicially by militants, tribal leaders, and others. In some other countries, including Nigeria and Pakistan, although stoning is a legal form of punishment, it has never been legally carried out. Stoning is condemned by human rights organizations.

History

Stoning is attested in the Near East since ancient times as a form of capital punishment for grave sins. However stoning as a practice was not geographically limited to only the Near East, and there is significant historical record of stoning being employed among the Greeks and Romans as well. The ancient geographer Pausanias describes both the elder and younger Aristocrates of Orchomenus being stoned to death in ancient Greece around the 7th century BCE.

Stoning was "presumably" the standard form of capital punishment in ancient Israel. It is attested in the Old Testament as a punishment for blasphemy, idolatry and other crimes, in which the entire community pelted the offender with stones outside a city. The death of Stephen, as reported in the New Testament (Acts 7:58) was also organized in this way. Paul was stoned and left for dead in Lystra (Acts 14:19). Josephus and Eusebius report that Pharisees stoned James, brother of Jesus, after hurling him from the pinnacle of the Temple shortly before the fall of Jerusalem in 70 CE. Historians disagree as to whether Roman authorities allowed Jewish communities to apply capital punishment to those who broke religious laws, or whether these episodes represented a form of lynching. During the Late Antiquity, the tendency of not applying the death penalty at all became predominant in Jewish courts. Where medieval Jewish courts had the power to pass and execute death sentences, they continued to do so for particularly grave offenses, although not necessarily the ones defined by the law, and they generally refrained from use of stoning.

Aside from "a few rare and isolated" instances from the pre-modern era and several recent cases, there is no historical record of stoning for zina being legally carried out in the Islamic world. In the modern era, sharia-based criminal laws have been widely replaced by statutes inspired by European models. However, the Islamic revival of the late 20th century brought along the emergence of Islamist movements calling for full implementation of sharia, including reinstatement of stoning and other hudud punishments. A number of factors have contributed to the rise of these movements, including the failure of authoritarian secular regimes to meet the expectations of their citizens, and a desire of Muslim populations to return to more culturally authentic forms of socio-political organization in the face of a perceived cultural invasion from the West. Supporters of sharia-based legal reforms felt that "Western law" had its chance to bring development and justice, and hoped that a return to Islamic law would produce better results. They also hoped that introduction of harsh penalties would put an end to crime and social problems.

In practice, Islamization campaigns have focused on a few highly visible issues associated with the conservative Muslim identity, particularly women's hijab and the hudud criminal punishments (whipping, stoning and amputation) prescribed for certain crimes. For many Islamists, hudud punishments are at the core of the divine sharia because they are specified by the letter of scripture rather than by human interpreters. Modern Islamists have often rejected, at least in theory, the stringent procedural constraints developed by classical jurists to restrict their application. Several countries, including Iran, Pakistan, Sudan, and some Nigerian states have incorporated hudud rules into their criminal justice systems, which, however, retained fundamental influences of earlier Westernizing reforms. In practice, these changes were largely symbolic, and aside from some cases brought to trial to demonstrate that the new rules were being enforced, hudud punishments tended to fall into disuse, sometimes to be revived depending on the local political climate. The supreme courts of Sudan and Iran have rarely approved verdicts of stoning or amputation, and the supreme courts of Pakistan and Nigeria have never done so.

Unlike other countries, where stoning was introduced into state law as part of recent reforms, Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. Death sentences in Saudi Arabia are pronounced almost exclusively based on the system of judicial sentencing discretion (tazir) rather than sharia-prescribed (hudud) punishments, following the classical principle that hudud penalties should be avoided if possible.

In China, stoning was one of the many methods of killing carried out during the Cultural Revolution, including the Guangxi Massacre.

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