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- Title
The Islamic penalty for adultery in the third century ah and Al-Shāfi'ī's Risāla.
- Authors
Pavlovitch, Pavel
- Abstract
At the end of the second century ah al-Shāfi'ī (d. 204/820) advocated stoning as the sole penalty for adultery instead of an earlier rule that combined flogging with stoning. Al-Shāfi'ī's innovative doctrine was barely noticed by the jurisprudents, exegetes and ḥadīth collectors during the first half of the third century ah, but apparently provoked a legal debate shortly thereafter. This article explores the development of the third-century dual- vs. single-penalty dispute and its implications for the chronology of al-Shāfi'ī's Risāla.
- Subjects
ISLAMIC law -- History; AL-Shafi'i, Muhammad; ADULTERY (Islamic law); STONING (Islamic law); CORPORAL punishment; HISTORICAL jurisprudence; EFFECTIVENESS &; validity of law
- Publication
Bulletin of the School of Oriental & African Studies, 2012, Vol 75, Issue 3, p473
- ISSN
0041-977X
- Publication type
Essay
- DOI
10.1017/S0041977X12000572