Penalty for fornication or sodomy

p611 If the offender is someone with the capacity to remain chaste, then he or she is stoned to death (def: o12.6). (see photos below : women buried up to their waste so they cannot run and men have to sit on the ground …]

 

If the offender is not someone with the capacity to remain chaste, then the penalty consists of being scourged (def: o12.5) (photo below) one hundred stripes and banished to a distance of at least 81 km./50 mi. for one year.

[…] An offender is not scourged in intense heat or bitter cold, or when he is ill and recovery is expected (until he recovers), or in a mosque, or when the offender is a woman who is pregnant, until she gives birth and has recovered from childbed pains.

The whip used should be neither new nor old and worn-out, but something in between. The offender is not stretched out when scourged, or bound (O: as his hands are left loose to fend off blows), or undressed (O: but rather an ankle-length shirt is left upon him or her), and the scourger does not lay the stripes on hard (O: by raising his arm, such that he draws blood). The scourger distributes the blows over various parts of the body, avoiding the vital points and the face.

 

A man is scourged standing (see photo above);

 

a woman, sitting and covered (see photo above) (O: by a garment wrapped around her). If the offender is emaciated, or sick from an illness not expected to improve, then he or she is scourged with a single date palm frond (O: upon which there are a hundred strips, or fifty. If a hundred, such an offender is struck once with it, and if fifty, then twice), or with the edge of a garment. and is free, of age, and sane.

Note: scourging/lashing could also be applied to people guilty of crimes other than adultery, ranging from drinking beer, selling food on Ramadan (as the case in Aceh) to drug dealing (Singapore, Malaysia).

Cases :

 

President Omar al-Bashir  said those calling for an investigation into the ill-treatment (of a woman being brutally lashed in North Sudan, see video in link below) misunderstood Islam, because “sharia law has always stipulated that one must whip, cut, or kill”.

Video of woman in Sudan being brutally lashed  http://www.jihadwatch.org/2010/12/sharia-in-sudan-woman-brutally-lashed.html

 

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