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Sharia on Saturday--Stoning laws. A history

Recently, one of the US Presidential candidates, Newt Gingrich, declared his fear of Sharia replacing the US Constitution.  Now that struck me as funny on two levels.  One, perhaps he knows that under Sharia he could be stoned to death for committing adultery-twice.  And two, shouldn’t someone who is running for the office of President of the United States of America, at least have some knowledge of the American Constitution?  For those who share his fear, let me put those fears to rest, Sharia law could never replace the US Constitution.  Read it.

The Sharia he fears is that of 3rd world countries so he must think Americans are stupid.  Seriously, what could make that happen?  A Jinn under the control of a Saudi or a Nigerian casts a spell and all Americans wake up as uneducated, superstitious, Sunni tribes, believing they are riding camels in the deserts of Saudi Arabia?  Status update; switching tribes, new one does not stone for adultery.  Newt.

Tribal laws are as ancient as time and in the Mid East the majority of tribal laws come from one source, Hammurabi, the 6th king of Babylon.  And what’s truly interesting is, Hammurabi didn’t even believe in one God.

Hammurabi didn’t invent the laws as most had already been tribal laws for centuries.  He just wrote them down.  And even though Hammurabi lived thousands of years before the Torah, the Gospels or the Quran, his laws were ‘borrowed’ for God, Yahweh, Allah.  His laws made into all three books. 

110. If a "sister of a god" open a tavern, or enter a tavern to drink, then shall this woman be burned to death.
Yes, women have always been a problem, but in this law, it deals with a woman who claims to be a sister of A god…who drinks, and I guess that wasn’t a good thing.

129. If a man's wife be surprised (in flagrante delicto) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves.
Death by drowning for the adulterers.

130. If a man violate the wife (betrothed or child-wife) of another man, who has never known a man, and still lives in her father's house, and sleep with her and be surprised, this man shall be put to death, but the wife is blameless.
Child-wife?  I'm sure this is a surprise to those who think Muhammad invented this.
Death to rapists, especially child rapists, and don’t blame the victim.

131. If a man bring a charge against one's wife, but she is not surprised with another man, she must take an oath and then may return to her house.
Surprise!  But not in a good way. The Quran has a law very similar to this law.

132. If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband.
This is to prove her truthfulness.  See if any of these sound familiar

195. If a son strike his father, his hands shall be hewn off.

196. If a man put out the eye of another man, his eye shall be put out.

197. If he break another man's bone, his bone shall be broken.

198. If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina.
An eye for an eye, a tooth for a tooth, both of these laws can be found in all three books of one God, even though it was written by an Idolater.  Ah, the irony of it all.

137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.
Even the dowry and the math for inheritance laws are older than the sacred texts.  Child support is an age old issue.

138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go.
I’m sure this law seems familiar to Muslims.

Lineage is at the heart of these laws because then, just like now, the most important question is, whose yo daddy?  And because of that; laws protecting the sperm lineage included severe penalties for adultery.
Stoning people became popular somewhere along the line.  I’m guessing it had to do with lack of rivers in the other areas.

Deuteronomy 22:23-24 If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her; Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die; the damsel, because she cried not, being in the city.
Hmmm…I like Hummi’s law that the victim shouldn’t be blamed.

Leviticus 20:10And the man that committeth adultery with [another] man's wife, [even he] that committeth adultery with his neighbour's wife, the adulterer and the adulteress shall surely be put to death.
Adultery was seen as a punishable crime.

Deuteronomy 22:13-21 If any man take a wife, and say, I found her not a maid: Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: But if this thing be true, and the tokens of virginity be not found for the damsel: Then they shall bring out the damsel to the door of her father's house, and the men of her city shall stone her with stones that she die.

Deuteronomy 22:22 If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die. You must purge the evil from Israel.
Is that law only for Israel?

Leviticus 20:27 A man also or woman that hath a familiar spirit, or that is a wizard, shall surely be put to death: they shall stone them with stones: their blood [shall be] upon them.
Witches are still killed in Saudi Arabia.  Though I haven’t figured out why a witch would even want to live there…or why they can’t cast a spell to save themselves.

John 8:5 In the Law Moses commanded us to stone such women. Now what do you say?"

8:7 So when they continued asking him, he lifted up himself, and said unto them, he that is without sin among you, let him first cast a stone at her.
But they didn’t stop stoning adulterers.

So now you have a brief history of the stoning law, but what does the Quran say about stoning people?  Absolutely nothing.  The stoning laws for adultery were abrogated by the Quran.  Adulterers still got punished, but not killed.  1400 years ago lashings instead of death might have been seen as a good thing.

Not many countries continued with laws that punish adulterers, though crimes due to adultery are many, the law goes after the crime and the criminal, more than the motive.  But for some tribes, time has stood still, and the ancient code of law is still valid - even if they are 5,000 years old.  It doesn’t matter if it’s the law of Hammurabi or the law of Hadith (Arabic word for; tales, stories, narrations)

Narrated Ibn 'Umar

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand upand behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stonedto death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones.

The point of the group kill is so not one individual among the group can be identified as the one who kills the adulterer, everyone shares the guilt…?  They still use this ‘theory’ with execution by firing squad.

And there is a Hadith that says a goat ate the aya and that’s why the stoning law in not in the Quran.  But that doesn’t make any sense as the Quran is quite clear when dealing with adulterers.

24:2 As for the adulteress and the adulterer flog each of them with a hundred stripes, and let not compassion with them keep you from [carrying out] this law of God, if you believe in God and the Last Day; and let a group of the believers witness their chastisement
100 lashes.

24:3 The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers
Well, they can’t marry if they’re dead now can they?  It’s pretty clear, don’t kill adulterers.

17:32 And do not commit adultery-for, behold, it is an abomination and an evil way
Adultery was an issue more than 5,000 years ago, and it’s still an issue today.

24:4  And as for those who accuse chaste women [of adultery], and then are unable to produce four witnesses in support of their accusation, flog them with eighty stripes  and ever after refuse to accept from them any testimony - since it is they, they that are truly depraved
The 4 witnesses is needed to prove adultery, some switch the word adultery with the word rape but to be clear, 4 witnesses are needed to prove adultery.

24:6  And as for those who accuse their own wives of adultery, but have no witnesses except them­selves, let each of these accusers call God four times to witness that he is indeed telling the truth
The honor system.

The majority of Sharia countries do not stone their adulterers because they don’t have a death penalty…but some still have tribes who spend their days carrying water back to their villages, it’s still a matter of survival and much of that is dependent on maintaining laws.  Social order is important for survival.  Running water and electricity frees up time for education. These are things we take for granted. 
And but for the grace of (whatever) God, be glad you weren’t born in the outskirts of Afghanistan.
So don't be a hater, be helpful

For Newt and others to fear that we will all revert back to tribal law is ridiculous.  Humans are progress (well, most of them are) and there will come a time when there are no tribes left or tribal law. 

And props to Hammurabi for writing down the laws of the ancient…. laws that still have value.  Click the link and read them.  5,000 years later, we still have the same problems.
I think someone should name him as a prophet.
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