Salam
I'm not going to claim this by knowledge. I'm going to make a theory.
Metaphor and abrogation
The first thing I want to bring about is the issue of metaphor and expressions and needing to know these to understand Quran, in Misbahal Shariah we find:
The Commander of the Faithful said to a judge, 'Do you know the difference between those verses of the Qur'an which abrogate and those which are abrogated?'
'No'.
'Do you have a command of the intentions of Allah in the parables of the Qur'an?'
'No'.
'Then you have perished and caused others to perish,' the Commander of the Faithful replied.
(Imam Jaffar continues)
A judge needs to know the various meanings of the Qur'an, the truth of the Prophetic way, the inward indications, courtesies, consensus and disagreements, and to be familiar with the bases of what they agree upon and disagree about. Then he must have acute discrimination, sound action, wisdom, and precaution. If he has these things, then let him judge.
My comment: There is also the issue is that Quranic verses are situational. One situation it says do this, another situation it says, no longer do that, but do this. This is what Imam Ali (a) means by abrogated and that which abrogates.
This is because morality often deals with different situations. The Sunnah is said to be the same, that certain hadiths are in certain situations and abrogated by other hadiths.
And so you have to have knowledge of all this.
But going back intentions of God in parables, what does this have to do with legislation? This is a serious hint that some statements that were parables were taken literally by people.
The verse about stealing perhaps a parable?
As for the thief, man or woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah, and Allah is all-mighty, all-wise.
Now something to be said, Shiite hadiths say only two fingers (smallest and the one beside it) is to be chopped off. But does this verse allow that?
Sunnis say one hand is to be cut off, but does this verse allow that? It says cut of their hands, that means all their hands...
Another meaning of hands in Quran is power. For example, when it says about Dawood (a) "Thul-Ady" it means he had greater power. Same with describing Ibrahim, Isaac, and Yaqoub (peace be upon them).
Therefore since it can be metaphor, what would it mean in this case?
It would mean keep them from stealing... the power here means in terms of stealing, they should be cut off that power and capability.
Then it says after in the verse if they repent and reform, to let them go.
This can be either house arrest or Jail as well. So how do we know neither is meant? We also see Quran says "may the hands of Abu Lahab be cut off" but everyone understood this as in his influence not actual hands.
Imam Ali (a) dying wish
In Imam Ali (a) last will, he said never to maim anyone as he heard Mohammad (s) say "don't even maim a rabid dog". That means cutting of limbs was never part of Islam per this hadith, which is hard to deny, since it's his last words he spoke.
Imam Ali (a) is the fighter for the interpretation, and here in his dying wish, he makes it clear, Islam does not allow maiming people.
Imam Ali (a) words on beating and Imam Jaffar (a) words on lashing
Imam Jaffar (a) is reported to have said anyone who lashes a creature of God deserves to be lashed by God.
Imam Ali (a) is reported to have said that humans should not be beaten to learn, but rather reasoned to, as only animals can only learn from beating.
Anyways, I've shared those hadiths in the past, but I don't think they hold weight to people but thought I would just mention this.
Surah Nisa on acts of Zina
This chapter says if you find them to leave them in their house till death takes them or God finds another way. This may mean that repentance is required for them to be let go.
It doesn't actually put the time though they are to be in the house.
Another verse says "to bother them" when it comes to homosexual acts a man and a man, and a woman and a woman right after that verse.
What does it mean to bother them? Is every day supposed to be a vacation when in house arrest then how would they reform?
Perhaps bothering them, is by words, but 90 lashes every day is too much.
This leaves an open possibility for Surah Noor to be also metaphorical.
Surah Noor - lashing
In Surah Nisa, we see they are meant to be "bothered". There is two possibilties:
Physical lashing is to occur over 90 day period. Or metaphorical lashing in which they are "bothered" by believers about their crime per the verse in Surah Nisa.
90 at the same time right after each other can kill a person out of too much pain, which has happened in recent times.
If it's the case that lashing is metaphorical, what does it mean for believers to witness their punishment and not to let compassion get in the way of the punishment?
I think house arrest with believers bothering you can be stressful and anxiety provoking, a person might say, they learned their lesson, let them go.... but per this they are to fulfilling their days till we know they truly regret it. If they show no remorse, the time is continued till they do or death overtakes them.
Ahlulbayt (a) words on rulings changed in the Quran and Sunnah
Ahlulbayt heavily emphasized Tahreef in respect to rulings in Quran had taken place. This is why to me it doesn't make sense that Shiite Islamic rulings are almost exact same as Sunni.
Imam Mahdi (a) will be seen to bring a new religion because of how vastly his interpretation of Quran differs from the people of the time.
This can be one of the things, that physical punishments were never part of it.
I'm not going to claim this by knowledge. I'm going to make a theory.
Metaphor and abrogation
The first thing I want to bring about is the issue of metaphor and expressions and needing to know these to understand Quran, in Misbahal Shariah we find:
The Commander of the Faithful said to a judge, 'Do you know the difference between those verses of the Qur'an which abrogate and those which are abrogated?'
'No'.
'Do you have a command of the intentions of Allah in the parables of the Qur'an?'
'No'.
'Then you have perished and caused others to perish,' the Commander of the Faithful replied.
(Imam Jaffar continues)
A judge needs to know the various meanings of the Qur'an, the truth of the Prophetic way, the inward indications, courtesies, consensus and disagreements, and to be familiar with the bases of what they agree upon and disagree about. Then he must have acute discrimination, sound action, wisdom, and precaution. If he has these things, then let him judge.
My comment: There is also the issue is that Quranic verses are situational. One situation it says do this, another situation it says, no longer do that, but do this. This is what Imam Ali (a) means by abrogated and that which abrogates.
This is because morality often deals with different situations. The Sunnah is said to be the same, that certain hadiths are in certain situations and abrogated by other hadiths.
And so you have to have knowledge of all this.
But going back intentions of God in parables, what does this have to do with legislation? This is a serious hint that some statements that were parables were taken literally by people.
The verse about stealing perhaps a parable?
As for the thief, man or woman, cut off their hands as a requital for what they have earned. [That is] an exemplary punishment from Allah, and Allah is all-mighty, all-wise.
Now something to be said, Shiite hadiths say only two fingers (smallest and the one beside it) is to be chopped off. But does this verse allow that?
Sunnis say one hand is to be cut off, but does this verse allow that? It says cut of their hands, that means all their hands...
Another meaning of hands in Quran is power. For example, when it says about Dawood (a) "Thul-Ady" it means he had greater power. Same with describing Ibrahim, Isaac, and Yaqoub (peace be upon them).
Therefore since it can be metaphor, what would it mean in this case?
It would mean keep them from stealing... the power here means in terms of stealing, they should be cut off that power and capability.
Then it says after in the verse if they repent and reform, to let them go.
This can be either house arrest or Jail as well. So how do we know neither is meant? We also see Quran says "may the hands of Abu Lahab be cut off" but everyone understood this as in his influence not actual hands.
Imam Ali (a) dying wish
In Imam Ali (a) last will, he said never to maim anyone as he heard Mohammad (s) say "don't even maim a rabid dog". That means cutting of limbs was never part of Islam per this hadith, which is hard to deny, since it's his last words he spoke.
Imam Ali (a) is the fighter for the interpretation, and here in his dying wish, he makes it clear, Islam does not allow maiming people.
Imam Ali (a) words on beating and Imam Jaffar (a) words on lashing
Imam Jaffar (a) is reported to have said anyone who lashes a creature of God deserves to be lashed by God.
Imam Ali (a) is reported to have said that humans should not be beaten to learn, but rather reasoned to, as only animals can only learn from beating.
Anyways, I've shared those hadiths in the past, but I don't think they hold weight to people but thought I would just mention this.
Surah Nisa on acts of Zina
This chapter says if you find them to leave them in their house till death takes them or God finds another way. This may mean that repentance is required for them to be let go.
It doesn't actually put the time though they are to be in the house.
Another verse says "to bother them" when it comes to homosexual acts a man and a man, and a woman and a woman right after that verse.
What does it mean to bother them? Is every day supposed to be a vacation when in house arrest then how would they reform?
Perhaps bothering them, is by words, but 90 lashes every day is too much.
This leaves an open possibility for Surah Noor to be also metaphorical.
Surah Noor - lashing
In Surah Nisa, we see they are meant to be "bothered". There is two possibilties:
Physical lashing is to occur over 90 day period. Or metaphorical lashing in which they are "bothered" by believers about their crime per the verse in Surah Nisa.
90 at the same time right after each other can kill a person out of too much pain, which has happened in recent times.
If it's the case that lashing is metaphorical, what does it mean for believers to witness their punishment and not to let compassion get in the way of the punishment?
I think house arrest with believers bothering you can be stressful and anxiety provoking, a person might say, they learned their lesson, let them go.... but per this they are to fulfilling their days till we know they truly regret it. If they show no remorse, the time is continued till they do or death overtakes them.
Ahlulbayt (a) words on rulings changed in the Quran and Sunnah
Ahlulbayt heavily emphasized Tahreef in respect to rulings in Quran had taken place. This is why to me it doesn't make sense that Shiite Islamic rulings are almost exact same as Sunni.
Imam Mahdi (a) will be seen to bring a new religion because of how vastly his interpretation of Quran differs from the people of the time.
This can be one of the things, that physical punishments were never part of it.
