伊斯兰教的通奸法和现代世界的石刑

Souha Korbatieh
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引用次数: 4

摘要

这篇文章着眼于伊斯兰学者对通奸罪施加石刑的法律依据。传统上,人们普遍认为,根据古兰经、圣训和正道的哈里发的例子,石刑是伊斯兰教对已婚通奸者的惩罚。然而,经过仔细检查,这些来源似乎不像曾经认为的那样可靠。虽然大多数人对石刑的看法仍然存在,但有一些著名的学者,无论是传统的还是现代的,都对这些论点表示怀疑、质疑甚至拒绝。尽管如此,作为其保障的高证据标准大大缓和了惩罚的严重性。简要讨论这些保障措施。这篇文章的第二部分着眼于现代世界的石刑,这是现代穆斯林国家伊斯兰教法应用现象不断上升的副产品。这些国家面临的挑战是,如何在实施石刑等伊斯兰教法惩罚的同时,维护伊斯兰教法关于平等、社会正义和道德的目标。针对现有的和新兴的穆斯林国家在实施惩罚方面提出了解决方案,并为前进的道路提出了切实可行的建议。这篇文章的主要论点是,穆斯林学者和法学家必须重新评估实施石刑等伊斯兰教法惩罚的合法性,并就穆斯林世界死刑的未来得出有意义的结论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Adultery Laws in Islam and Stoning in the Modern World
This article looks at the legal basis within Islamic scholarship for imposing stoning for the crime of adultery. Traditionally it has been accepted that, based on Qur'an, hadith and examples from the Rightly Guided Caliphs, stoning is the Islamic punishment for married adulterers. However, upon closer inspection it appears these sources may not be as solid as once believed. While the jumhoor (majority) opinion for stoning remains, there are notable scholars, traditional and modern, who discount, question and even reject these arguments. Despite the jumhoor, the severity of the punishment is greatly tempered by the high evidentiary standards that act as its safeguard. These safeguards are briefly discussed. The second part of this article looks at stoning in the modern world, which has occurred as a by-product of the rising phenomenon of sharia application in modern Muslim countries. The challenge for these countries is how to apply sharia punishments such as stoning, while maintaining sharia’s aims of equality, social justice and morality. Solutions for existing and emerging Muslim states regarding the application of punishments are made and practical suggestions for a way forward. This article essentially argues Muslim scholars and jurists must reassess the legitimacy of imposing sharia punishments such as stoning and reach meaningful conclusions about the future of capital punishment in the Muslim world.
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