Studying Islam

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[quote]assalaam o alaikum
As i tried to explain in my earlier response national laws can be formed evne on customs and cultural values. The Ahadith when we have seen that do not go against the Qru'an, the Sunnah, the established historical facts and common sense are also extremely important explanatory source. They tell us the way the Prophet understood and applied the religious directives. Therefore, the Muslim scholarship has used them as a very important tool.
Punishment of rajam cannot be given merely on the pretex that the ahdadith show that some of the people were punished this way. The Qur'an in no unclear terms tells that the punishment of adultery is flogging the criminal with a hundred lashes and cancelling his nikah with a chaste partner and rejection of his testimony in future. 
However, the Prophet did stone some people according the Qur'anic directive regarding the punishment of those who create nuisance in the land (fasaad fil ardh). These criminals were not stoned because they were married but because they had started raping the innoncent women openly making a mockery of law and putting the society in danger. 
This punishement has been mentioned in the Surah MAidah of the Quran verse 4.
A Qazi has to see whether an accused merely committed adultery forced by passsion or his act is tantamount to creating disorder in the society. He has to use his full knowlege and do all possible investigation before sentencing the criminal. If he had doen this honestly he will not be crossing the limits.
Regards,[/quote]

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