“There’s really no such thing as just Sharia, it’s not one monolithic Continuum – Sharia is understood in thousands of different ways over the 1,500 years in which multiple and competing schools of law have tried to construct some kind of civic penal and family law code that would abide by Islamic values and principles, it’s understood in many different ways…” — Reza Aslan
Not really: “[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.” — Qur’an 5:38
And the caliph Umar, one of Muhammad’s closest companions, maintained that the punishment of stoning for adultery (this story doesn’t specify the method of punishment, but the outcome of the punishment is the same in any case) was originally in the Qur’an:
‘Umar said, “I am afraid that after a long time has passed, people may say, “We do not find the Verses of the Rajam (stoning to death) in the Holy Book,” and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession.” Sufyan added, “I have memorized this narration in this way.” ‘Umar added, “Surely Allah’s Apostle carried out the penalty of Rajam, and so did we after him.” (Bukhari, vol. 8, bk. 82, no. 816)
“Allah’s Apostle” is, of course, Muhammad, who did indeed carry out stonings. Here is the hadith in which he challenges the rabbis about stoning, and in which there is amidst the barbarism and brutality a final act of love and compassion:
The Jews came to Allah’s Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah’s Apostle said to them, “What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?” They replied, (But) we announce their crime and lash them.” Abdullah bin Salam said, “You are telling a lie; Torah contains the order of Rajm.” They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. Abdullah bin Salam said to him, “Lift your hand.” When he lifted his hand, the Verse of Rajm was written there. They said, “Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (‘Abdullah bin ‘Umar said, “I saw the man leaning over the woman to shelter her from the stones.” (Bukhari, vol. 4, bk. 56, no. 829)
Even the monkeys practiced stoning, according to another hadith:
During the pre-lslamic period of ignorance I saw a she-monkey surrounded by a number of monkeys. They were all stoning it, because it had committed illegal sexual intercourse. I too, stoned it along with them. (Bukhari, vol. 5, bk. 58, no. 188)
Muhammad’s example is, of course, normative for Islamic behavior, since “verily in the messenger of Allah ye have a good example for him who looketh unto Allah and the Last Day, and remembereth Allah much” (Qur’an 33:21).
Hamas is lobbying for a stricter enforcement of Islamic law in Gaza — including provisions to cut off the hands of thieves, and execution of individuals who cheat on their spouses. A report in the Al-Hayat daily newspaper said that Hamas expects the new regulations to take effect in the coming months, after introduction of the legislation in the PA parliament.
Existing laws mete out the death penalty to individuals convicted of murder, spying, homosexuality, or selling land to Jews. The new legislation will expand the crimes for which individuals can be executed to include disloyalty to a spouse — having sexual relations outside the context of marriage. Other provisions of the law include chopping off the right hand of a thief (along with at least a seven year jail sentence), and lashes for a large number of “crimes,” including drinking alcoholic beverages and gambling. All the punishments are derived from sharia, Islamic law.
In addition, girls age 15 will be able to decide to marry on their own, without requiring permission from their parents. Individuals age ten and over are considered adults under the new legislation, and are subject to the full force of the law for offenses.
Hamas has a large majority in the PA parliament, with 74 of the 134 parliamentarians belonging to the Islamist party. Many of them belong to the fundamentalist Salafist movement, and they are behind the push for the new laws. While there is opposition in Hamas to the passage of the legislation at this point, it is expected to easily pass. Once it does, the laws will be extant in both Gaza and Palestinian Authority-controlled areas of Judea and Samaria, but it is not clear if they will be enforced there.