论伊斯兰法的石刑

Study on Stoning in Islamic law

对通奸罪判处石刑是伊斯兰法的一项古老的规定,形成于伊斯兰法的早期阶段,通过圣训正式确立下来。在伊斯兰法世俗化改革时期以及伊斯兰法复兴运动中,这一规定随着伊斯兰法律的变迁或存或废,与伊斯兰世界的政治变革密切相关。时至今日,对通奸罪判处石刑仍然出现在一些伊斯兰国家的法律中,正因法律的象征性作用以及伊斯兰法浓厚的政治特性,对通奸罪判处石刑的规定短期内不会在伊斯兰法律中消失。

The ancient Islamic law provided that adultery was sentenced to death by stoning. In the early stages of Islamic law, this provision was formally established through the Hadith. During the periods of secular reforms of Islamic law and Islamic law revival movement, the provision of imposing stoning on adultery was preserved or abolished which was also closely related with political movements in Islamic world. So far, the provision still exists in laws of some Islamic countries. Because of the symbolic function of law and the strong political characteristic of Islamic law, the provision of imposing stoning on adultery will not disappear in Islamic law in short time.