Marife Turkish Journal of Religious Studies

Abstract

Islam forbids not only the act of adultery but also all acts that invite and
encourage the act of zina. Islam shuts the door to the root of every evil. The most
comprehensive definition of zina is: " Sexual intercourse between a man and a
woman without legal right or without the semblance of legal right (al-milk or shubhat
al-milk)." The Muslim scholars are of the opinion that the Shariah has prescribed
two separate punishments for the crime: 1- If an unmarried man or woman
commits zina the punishment shall be 100 lashes, 2- If an married man or woman
commits zina, the punishment shall be stoning to death. A verdict for zina requires
the confirmation of the crime by four male witnesses or the confession of the perpetrators.
The legitimacy of stoning as a form of punishment is derived from the
hadith. Stoning is not mentioned in the Koran. This article is about al-rajm (stoning
to death) during the Ottoman Empire. When we compare al-rajm with historical
events firstly we can see clearly that al-rajm has been definitely implemented.
Therefore, this article aims to indicate the al-rajm that implemented in the Ottoman
society with helping of the Shariah records of the court registers. (Mahkamah Sijills):
The verdict for the Zina given by the Qadi mentioned in historical books has
been determined from the Court registers as well. This original document of the
punishment of stoning has been made known and judged. As a result of this It has
appeared that this crime was implemented in the Ottoman Era.