Suspicion about the severity of the punishment for stoning in Islam, which is a fixed limit according to the authentic Sunnah and consensus, and the response to that suspicion is as follows
Whoever is subject to the punishment of stoning must have been married (Muhsan)
Muhsan: He is the one who married and had intercourse with his wife in a valid marriage, and they are both sane and free adults.
The conditions of immunity in general
Assignment: that is, the person who is obligated to be of sound mind
Freedom
Intercourse in a valid marriage
Al-Mardawi, may God have mercy on him, said in “Al-Insaaf” (10/172): His saying (and al-Muhsan: whoever had intercourse with his wife before her in a valid marriage)
In establishing the hadd punishment for stoning, it is not necessary for the man or woman to be married when he committed adultery. Whoever divorces or his wife dies after consummation of her, then he is married if he fulfills the rest of the conditions. Likewise, if she is divorced or her husband dies, then she is married.
Marital infidelity is a serious social disease that threatens the integrity and cohesion of society and must be punished
Secondly, there are very difficult conditions for the application of this severe punishment, and it is applied only in 3 cases
1- Confession, which is that a person confesses to himself, and in this case he is neither tied nor prevented from moving and he has to escape amid the execution of the punishment and no one chases him, because he is the one who chose the punishment
2- The curse, which is for the husband to testify that he saw the incident clearly, and here he is asked to testify by God 4 times that he is truthful, then he calls upon himself to be cursed if he is a liar ,The wife may invalidate his testimony by testifying 4 times that her husband is a liar, and then supplicating against herself for the wrath of God if he is sincere. If she does this, she will not be punished.
3- Witnesses of 4 or more negligent witnesses to clearly see the incident, and the meaning of the refusal of any witnesses to their honesty and good conduct, otherwise their testimony will not be accepted.
As for Christianity and Judaism
The prohibition of adultery is mentioned in the Ten Commandments, which represent the basis for the message of Moses, peace be upon him, and even the message of Jesus, peace be upon him as well.
In the Old Testament, we read: “Thou shalt not commit adultery” (Exodus 20:14), and the Old Testament not only forbade adultery, but also forbade exposure to it. We read: “Do not defile your daughter by exposing her to fornication, lest the earth commit fornication, and the earth be filled with depravity” (Leviticus 19:29).
The Old Testament imposed the death penalty for the crime of adultery. We read: “And if a man commits adultery with a woman, and if he commits fornication with his relative’s wife, then the adulterer and the fornicator shall be put to death.” (Leviticus 10:20), however, this punishment is more severe for the daughters of the priests, for it is not enough to kill in an ordinary way, but to burn with fire. We read: “If the daughter of a priest has been defiled by fornication, she has defiled her father. With fire they shall be burned” (Leviticus 21:9).
In the New Testament, Christ not only prohibited fornication, but also forbade what leads to adultery, forbidding looking at a foreign woman with lust and equating looking at her with fornication with her. We read: “You have heard that it was said to the ancients: Do not commit adultery. As for me, I say to you: Whoever looks at a woman with lust for her has committed adultery with her according to him. (Matthew 5:27-28)
And the Lord Christ considered the preservation of freedom from falling into adultery as one of the reasons for obtaining eternal life. In the New Testament, we read the following: And if someone came and said to him, “Good Teacher, what good thing shall I do that I may live?” And he said to him, "Why do you call me good? No one is good but one, that is God. But if you want to enter into life, keep the commandments. He said to him: What are the commandments? And Jesus said, Do not kill. do not fornicate. do not steal. Do not bear false witness” (Matthew 19:16-18).
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