Soon, the gentlemen say that it is expedient and we should change the limit and they cannot find a wall shorter than the Sharia, but we must first see the obstacles, see the effects of the implementation of this ruling on the people, so that we can implement this chapter of conflict, so first of all, we need experts Do they see that there is no way to implement the verdict without being slandered?
Dr. Ahmad Haj Dehabadi, full professor of Tehran University, on the 26th of May, at the scientific meeting “Jurisprudential Foundations of Article 225 of the Islamic Law”. Conversion of stoning to execution or flogging” which was organized by the Institute of Contemporary Jurisprudence Studies, by stating that according to the traditions and sources of Imami jurisprudence, there is a punishment of “stoning” in the Islamic Shari’a, it asked the question on what basis the legislator enacted this article. and stoning can be turned into execution or flogging?
In the first part of his speech, Hojjatul Islam and Muslim Ebrahim Bagheri, a member of the Judiciary Scientific Jurisprudence Council, in response to the question of the secretary of the meeting, stated that the main reason for proposing this article is human rights issues. The jurists are very different. Some were strongly against the conversion and the reason was some narrations besides the consensus that the limit of adultery is stoning. On the other hand, some believe that conversion is possible if expediency requires it. Like Imam Rahel, who was asked, can someone who is condemned to be stoned be shot? They said: If it is rotten in the stone, it will be. Ayatollah Sistani also said that if there is an important expediency, the conversion of the limit goes to the chapter of conflict and it is treated according to the rules of the chapter of conflict.
Paying attention to the reasons for changing the limit, he said: One is the issue of non-implementation of the limit in the enemy’s land, the other reason is the principle of creating hatred for religion. If stoning causes hatred of religion, then the end of this hatred must be severed or there is a prevailing suspicion, it can be converted, and this rule has been cited in various chapters. The third reason for applying the rules of conflict is; It becomes important and important between the implementation of stoning and non-implementation because what is important is that the basis of religion is preserved. Our legislator has also come to the conclusion that non-implementation is better.
Hojjat al-Islam wa al-Muslimeen Jafar Najafi Bostan further criticized the presented topics and stated that it should be seen whether the jurist has such authority to go beyond the limits or not? He stated: The issue here is that gentlemen will soon say that it is expedient and we must change the limit and they cannot find a wall shorter than the Sharia, but we must first see the obstacles, see the effects of the implementation of this ruling on the people, so that we can implement this chapter of confrontation. So, first of all, the experts should see that there is no way to implement the ruling without being weak?
Further, he stated that from the presented evidences, we do not understand the desired multiplicity between execution and stoning.