Iran

This article does not focus on stoning only, but does explain the doctrine of Maslahat[analogy] or Zarurat[necessity], which has important implications to the stoning issue (starting on page 213.) Many religious scholars have admitted that stoning is an “Islamic” punishment and thus part for shariah. However, they can legitimately reject or ban such punishment, and any law, if causes enough harm to the Islamic Republic.

Sisters in Islam issued this alert calling for the Iranian government to abolish stoning “as a form of torture”. They also publish research on progressive alternative Islamic Family Law, which includes laws on adultery.

Shadi Sadr gives a brief background on stoning cases in the last 10 years. She then explains how adultery is proven in Iranian courts using “judges finding” (see narrative), instead of witnesses or confession. She also explains how in many cases, the execution of stoning is carried out before the execution of other punishments such as imprisonment, contrary to Article 98 of the Islamic Penal Code stating that lighter punishments must be carried out before more severe sentences.

The editor of Middle East and Africa service of the Economist interviewed Grand Ayatollah Saanei about different matters pertaining to Islamic law and politics. In response to a question about stoning, the Ayatollah mentioned that some scholars believe that punishments such as these were only suitable in the time of the Prophet and his successors and that nowadays, the punishment for adultery should be something other than execution.