How about this for starters,http://www.goodreads.com/book/show/5988335
This is a recent book by Dr. Mostafa Mahmood, a very famous Islamic author may God bless his soul, in which he argues that there is no cause for stoning an adulteress. His main argument is that the rule for bond-maidens who commit adultery is specified by the Quran as one half that of the free woman (4:25
) and stoning cannot be halved! Was it you, Pragmatic, who made this same argument to me the other day? Dr. Ahmad Hijaazi As-Saqqa collaborated with Dr. Mahmood on the book.
Drs. Mahmood and As-Saqqa are not alone in their conclusion; Jawaad Moosa Muhammad Affaana published a book
, called الرأي الصواب في منسوخ الكتاب, refuting the abrogation doctrine and asserted that "the stoning ruling has most certainly been abrogated" by the Quran. Dr. Mahmood adds that applying the stoning ruling thus causes a killing without equivalent (قتل نفس بغير نفس).
If one is convinced that 24:2 was not abrogated, since neither the Sunna
nor the consensus
can abrogate the Quran, then the penalty of fornication/adultery can only be the flogging specified in 24:2. Since no specific penalty for adultery, as opposed to fornication, was specified by the written text of the Quran, then its ruling is general for both adultery and fornication. God knows best.