In fact, Roman law prohibited capital punishment at the hands of local courts such as those of the Jews. Capital punishment in any case had been made virtually impossible according Jewish law, which required that the two witnesses see each other, that the witnesses warn the perpetrator, etc.—all making it almost impossible that that Jews would have wanted to actually go through with an execution. Under Roman rule, Jews themselves, without Pilate, without the Romans, would never have been permitted to carry on capital punishment of anybody.

-Prof. Lawrence Schiffman, New York University

We are told by an early historian, Josephus, that Chief Yahya/John the Baptist was put to death because of his political importance. The belief that he was is probably related to the New Testament story of his beheading at the behest of Salome, a story the truth of which we reject. Josephus does not mention the manner of his death.

Others have stated that he was beheaded. If it be true that Chief Yahya was put to death by Herod Antipas on the suspicion of planning an insurrection as Josephus indicates, the punishment would not have been beheading. Under Roman law, only Roman citizens were sentenced to beheading. Any non-Roman citizen was sentenced to death by crucifixion for such activity.

This was the case with Jesus, a non-Roman citizen, being accused of treason and sentenced to crucifixion. In addition, we see that when Paul was sentenced to die, he pleaded that he was a Roman citizen so that he would be beheaded and not crucified (Acts 22:27-28).

Certainly, if it is the case that Chief Yahya’s followers were many, spread far and wide, as it has been reported by some, and that Josephus mentions that the Jews were greatly moved by his words, and that Herod Antipas feared that Chief Yahya’s influence over the masses would cause a rebellious uprising leading to a revolt by the Jews against the Romans (Antiquities 18:5.2 116-119), then this would be in accord with the practice of capital punishment of said criminals under Roman law. That is, that non-Roman citizens be crucified.

As far as his being beheaded by Antipas, now believed to be a fiction, we know that records show Herod the Great lost his power to execute anyone. It is also known that he had to bring those whom he wanted to execute to the Roman authorities as he had lost his title of “Caesar’s Friend.”

With that in mind, there is nothing whatsoever showing that this power to execute prisoners was ever restored to his heirs one of whom was Herod Antipas. If Antipas had wanted to execute Chief Yahya/John the Baptist, he most likely would have needed permission from Rome to do so. If this be true , then the punishment would have to have been crucifixion and not beheading as this was reserved for Roman citizens.

Josephus’ account of the imprisonment and execution of Yahya/John the Baptist would place it in the middle of the fourth decade, say 35 or 36 AD and therefore years after the events of the supposed crucifixion of Jesus, not before.

In the New Testament: An Islamic Perspective, Crook writes, “Josephus’ evidence creates a colossal chronological problem of enormous consequences.”

That is still true . Since we also know that while the gospels portray John in their narratives primarily to introduce and testify to Jesus’ superior stature, we also know from Josephus, that John/Yahya was a major player on the Palestinian stage, not just a walk-on to herald the messiahship of Jesus.”

Subsequently, Pontius Pilate and Caiaphas were both removed in 36 AD. Where does the supposed crucifixion of Jesus fit in here exactly? The two principal characters in the gospels responsible for allegedly crucifying Jesus were no longer in power (Roman governor Pontius Pilate–Ant. XVIII, iv, 2; Caiaphas the High Priest–Ant. XVIII, iv, 3).

As far as we know, all the prophets mentioned by name in the Quran were delivered from their enemies. Yet, the Prophet Yahya, whose name ironically means “He Lives”, is popularly supposed to have been put to death. Clearly, you can see how this story of the beheading creates an inconsistency with a text believed by muslims all over the world to be internally consistent.

It is my belief that Prophet Yahya was possibly put on the cross and not Jesus. However, he did not die on the cross. By God’s giving him the name of Yahya (“he who lives”) in the Quran and the Quranic fact that the Messiah was not crucified, but it appeared to the people as such, the Quran is telling us that that person was Chief Yahya (The Black Prophet).

Chief Yahya survives as he lives out the words from God of “peace be upon him” as was the case with Prophet Abraham when he was thrown in the fire yet he was saved, “We said: O fire! Be coolness and peace for Abraham!” (21:69); hence: “Peace be on Abraham! Thus We give recompense to the ones who are doers of good! (37:110)”

Chief Yahya died a natural death at some later time, as did Jesus. It is my belief from my understanding of the Quran that Yahya was raised up in honor (rafa‘a) as was Jesus. Because this is not mentioned in the Quran, it does not mean that it could not have happened this way.