I don't want anyone to get killed in this case. But, I also wonder, why only the woman? What about the guy? Or is he unmarried, so, her gets a lighter sentence?
Originally Posted by Banh Mi
According to Islamic law, both male and female who committed adultery get the same punishment. So, if a husband committed adultery, he too will be stoned. But, statistics show that in these countries, the majority of convicted law-breaker for this particular law are women. You can make your own judgement, why it's like this.
Also, according to Islamic law, you are not supposed to force a confession from the accused. So, being beaten until she confess is wrong.
Excepts from http://www.jendajournal.com/vol1.2/iman.html
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Proof of Zina
Before any person (Muslim) is convicted of the offence of Zina one of the following facts must be established:
1. Production of 4 (honourable) witnesses, all of them at the same time saw the actual sexual intercourse.
2. Confession: The person making the confession must be adult, sane and such confession is given out voluntarily without inducement or rebuke.
3. Lian (action of imprecation): Failure of the husband or the wife to take the 4 judicial oaths denying committing Zina. This situation arises when a husband makes an allegation against his wife that she either committed Zina, or the pregnancy is not his or disowns the paternity of a particular child of the wife. If the husband confirmed his allegation against the wife by swearing on the Holy Quran 4 times and adding with 5th Oath that if the allegation he levied against the wife is false, may the curse of Allah descend on him. And where the wife, refuses to rebut this allegation by swearing 4 times denying such allegation, her failure to do so shall be a conclusive proof that she really committed Zina and shall be punished accordingly i.e. death by stoning (Rajamu).
4. Evidence of Pregnancy: This form of proof is only exceptional to Maliki Law School. The other schools, namely Shafii, Hanbali, Hanafi and even the Shia do not recognize evidence of pregnancy as proof of Zina.
It is not very difficult to find some contradictions even under the Maliki Law School, which recognises this type of proof as the school has fully recognises Lian as a proof to establish an illegitimate pregnancy where the other party fails to take the 4 Judicial Oaths to rebut the allegation levied against him/her.
Evidence of Pregnancy as proof of Zina may only be relevant where a girl (bikr) carries a pregnancy which in this case her punishment should not be death by stoning but stroke of 100 lashes. On the whole, it is safer to regard evidence of pregnancy as proof of Zina as rebuttable presumption/proof. Situations abound where pregnancies are taken outside wedlock, but Sharia does not take cognizance of them as Zina. Take for example, the case of pregnancy caused as a result of rape or pregnancy caused as a result of void or invalid marriages.