Qur'an, Hadith and Scholars:Homosexuality: Difference between revisions

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==Scholars==
==Scholars==


===Classical Views===
===Classical===
 
{{anchor|Tafsir_Quran_4_16}}
====Al Jalalayn====
 
{{Quote|{{cite web quotebox|url= http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=16&tDisplay=yes&UserProfile=0&LanguageId=2|title= Surah 4 Ayah 16|publisher= Royal Aal al-Bayt Institute for Islamic Thought|author= Feras Hamza (trans.)|series= Tafsir al-Jalalayn|date= |archiveurl=http://www.webcitation.org/query?url=http%3A%2F%2Fwww.altafsir.com%2FTafasir.asp%3FtMadhNo%3D0%26tTafsirNo%3D74%26tSoraNo%3D4%26tAyahNo%3D16%26tDisplay%3Dyes%26UserProfile%3D0%26LanguageId%3D2&date=2014-05-29 |deadurl=no}}|And when '''two of you''' (read wa’lladhāni or wa’lladhānni) '''men''', commit it, that is, a lewd act, adultery or homosexual intercourse, punish them both, with insults and beatings with sandals; but if they repent, of this [lewd act], and make amends, through [good] action, then leave them be, and do not harm them. God ever turns [relenting], to those who repent, and is Merciful, to them. This [verse] is abrogated by the prescribed punishment if adultery is meant [by the lewd act], and similarly if homosexual intercourse is meant, according to al-Shāfi‘ī; but according to him, the person who is the object of the [penetrative] act is not stoned, even if he be married; rather, he is flogged and banished. Judging by the dual person pronoun, it seems more obvious that '''homosexual fornication is meant [by this verse]''', even though the former [sc. al-Shāfi‘ī] was of the opinion that it referred to an adulterer and an adulteress; but this [opinion of his] may be countered by the fact that [the reference to] the two [men] becomes clear on account of the particle min being attached to a masculine pronoun [minkum, ‘of you’], and by the fact that they suffer the same punishment, [both effect the action of] repentance and [are both granted] that they be left alone [thereafter], '''[all of] which applies specifically to men''', given that for women detention is stipulated, as was stated before.}}
 
====Ibn Kathir====


{{ quote | 1=[http://tafsir.com/default.asp?sid=4&tid=10619 The Adulteress is Confined in her House; A Command Later Abrogated]<BR>Tafsir 'Ibn Kathir|2=[وَاللَّذَانَ يَأْتِيَـنِهَا مِنكُمْ فَـَاذُوهُمَا]
{{ quote | 1=[http://tafsir.com/default.asp?sid=4&tid=10619 The Adulteress is Confined in her House; A Command Later Abrogated]<BR>Tafsir 'Ibn Kathir|2=[وَاللَّذَانَ يَأْتِيَـنِهَا مِنكُمْ فَـَاذُوهُمَا]


(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until '''Allah abrogated it with flogging or stoning,''' as we stated. Mujahid said, "It was revealed about the case of two men who do it.'' As if he was referring to the actions of the people of Lut, and Allah knows best. The collectors of Sunan recorded that Ibn `Abbas said that the Messenger of Allah said,
(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until '''Allah abrogated it with flogging or stoning,''' as we stated. Mujahid said, "It was revealed about the case of two men who do it." As if he was referring to the actions of the people of Lut, and Allah knows best. The collectors of Sunan recorded that Ibn `Abbas said that the Messenger of Allah said,


«مَنْ رَأَيْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ، فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِه»
«مَنْ رَأَيْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ، فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِه»
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("Do you commit lewdness such as none preceding you has committed in all of the nations Verily, you practice your lusts on men instead of women.") meaning, you left women whom Allah created for you and instead had sex with men Indeed, '''this behavior is evil and ignorant because you have placed things in their improper places.''' }}
("Do you commit lewdness such as none preceding you has committed in all of the nations Verily, you practice your lusts on men instead of women.") meaning, you left women whom Allah created for you and instead had sex with men Indeed, '''this behavior is evil and ignorant because you have placed things in their improper places.''' }}
====Ibn Al Qayyim====


{{Quote|Ibn al-Qayyim: Ad-Dā'i wa Dawā, p. 115|Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allaah’s creation and commandment. '''For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allaah or before His creation.''' The semen of the one who did that to him will act as a poison on his body and soul. The scholars differed as to whether the one to whom it is done will ever enter Paradise. There are two opinions which I heard Shaykh al-Islam (may Allaah have mercy on him) narrate.” }}
{{Quote|Ibn al-Qayyim: Ad-Dā'i wa Dawā, p. 115|Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allaah’s creation and commandment. '''For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allaah or before His creation.''' The semen of the one who did that to him will act as a poison on his body and soul. The scholars differed as to whether the one to whom it is done will ever enter Paradise. There are two opinions which I heard Shaykh al-Islam (may Allaah have mercy on him) narrate.” }}


===Modern Views===
===Modern===
 
====Al Munajjid====


{{Quote|[http://www.islam-qa.com/en/ref/38622/Stoning The punishment for homosexuality]<BR>Islam Q&A, Fatwa No. 38622|'''The crime of homosexuality is one of the greatest of crimes, the worst of sins and the most abhorrent of deeds''', and Allaah punished those who did it in a way that He did not punish other nations. It is indicative of violation of the fitrah, total misguidance, weak intellect and lack of religious commitment, and it is a sign of doom and deprivation of the mercy of Allaah. We ask Allaah to keep us safe and sound. }}
{{Quote|[http://www.islam-qa.com/en/ref/38622/Stoning The punishment for homosexuality]<BR>Islam Q&A, Fatwa No. 38622|'''The crime of homosexuality is one of the greatest of crimes, the worst of sins and the most abhorrent of deeds''', and Allaah punished those who did it in a way that He did not punish other nations. It is indicative of violation of the fitrah, total misguidance, weak intellect and lack of religious commitment, and it is a sign of doom and deprivation of the mercy of Allaah. We ask Allaah to keep us safe and sound. }}
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With regard to the specific type of punishment mentioned in the question – stoning to death – this kind of punishment is for the adulterer who is married. '''The shar’i punishment for the crime of homosexuality is execution – by the sword''', according to the most correct view – as was narrated in the discussion above about the differences among the scholars as to how this execution should be carried out. As far as lesbianism is concerned, there is no hadd for it, but it is subject to ta’zeer [unspecified punishment to be determined at the discretion of the qaadi]. (al-Mawsoo’ah al-Fiqhiyyah, part 24, p. 253).}}
With regard to the specific type of punishment mentioned in the question – stoning to death – this kind of punishment is for the adulterer who is married. '''The shar’i punishment for the crime of homosexuality is execution – by the sword''', according to the most correct view – as was narrated in the discussion above about the differences among the scholars as to how this execution should be carried out. As far as lesbianism is concerned, there is no hadd for it, but it is subject to ta’zeer [unspecified punishment to be determined at the discretion of the qaadi]. (al-Mawsoo’ah al-Fiqhiyyah, part 24, p. 253).}}
====Bakrin====


{{Quote|1=[{{Reference archive|1=http://www.tribune.com.ng/index.php/eyes-of-islam/33537-homosexuality-the-islamic-viewpoint|2=2012-01-06}} Homosexuality: The Islamic viewpoint]<BR>Imam Sirajudeen Bakrin, Nigerian Tribune, December 30, 2011|2='''Homosexuality is one of the worst crimes against creation, nature, religion and human existence'''. Its implications on the individuals and the society at large are manifold. Dr Muhammed, in his book entitled “Islam and Medicine” lists these implications to include:
{{Quote|1=[{{Reference archive|1=http://www.tribune.com.ng/index.php/eyes-of-islam/33537-homosexuality-the-islamic-viewpoint|2=2012-01-06}} Homosexuality: The Islamic viewpoint]<BR>Imam Sirajudeen Bakrin, Nigerian Tribune, December 30, 2011|2='''Homosexuality is one of the worst crimes against creation, nature, religion and human existence'''. Its implications on the individuals and the society at large are manifold. Dr Muhammed, in his book entitled “Islam and Medicine” lists these implications to include:
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However, there is a divergence of opinions on the methodology to be used in executing the punishment. '''While some scholars such as Abu bakr [the first Rightly-Guided Caliph] and Ali [Muhammad's son-in-law and the fourth Rightly-Guided Caliph ] were of the view that such a person should be beheaded and set on fire thereafter, Umar [the second Rightly-Guided Caliph] and Uthman [the third Rightly-Guided Caliph] thought the wall should be fell on him. To Ibn Abbas [Muhammad's cousin], he should be taken to the tallest building in the town, thrown upside down while some men stand on the ground waiting to meet him with stone in replication of the destruction done to the people of Lut by Allah'''.}}
However, there is a divergence of opinions on the methodology to be used in executing the punishment. '''While some scholars such as Abu bakr [the first Rightly-Guided Caliph] and Ali [Muhammad's son-in-law and the fourth Rightly-Guided Caliph ] were of the view that such a person should be beheaded and set on fire thereafter, Umar [the second Rightly-Guided Caliph] and Uthman [the third Rightly-Guided Caliph] thought the wall should be fell on him. To Ibn Abbas [Muhammad's cousin], he should be taken to the tallest building in the town, thrown upside down while some men stand on the ground waiting to meet him with stone in replication of the destruction done to the people of Lut by Allah'''.}}
==Commentaries==
{{anchor|Tafsir_Quran_4_16}}
===Tafsir Al-Jalalayn===
{{Quote|{{cite web quotebox|url= http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=4&tAyahNo=16&tDisplay=yes&UserProfile=0&LanguageId=2|title= Surah 4 Ayah 16|publisher= Royal Aal al-Bayt Institute for Islamic Thought|author= Feras Hamza (trans.)|series= Tafsir al-Jalalayn|date= |archiveurl=http://www.webcitation.org/query?url=http%3A%2F%2Fwww.altafsir.com%2FTafasir.asp%3FtMadhNo%3D0%26tTafsirNo%3D74%26tSoraNo%3D4%26tAyahNo%3D16%26tDisplay%3Dyes%26UserProfile%3D0%26LanguageId%3D2&date=2014-05-29 |deadurl=no}}|And when '''two of you''' (read wa’lladhāni or wa’lladhānni) '''men''', commit it, that is, a lewd act, adultery or homosexual intercourse, punish them both, with insults and beatings with sandals; but if they repent, of this [lewd act], and make amends, through [good] action, then leave them be, and do not harm them. God ever turns [relenting], to those who repent, and is Merciful, to them. This [verse] is abrogated by the prescribed punishment if adultery is meant [by the lewd act], and similarly if homosexual intercourse is meant, according to al-Shāfi‘ī; but according to him, the person who is the object of the [penetrative] act is not stoned, even if he be married; rather, he is flogged and banished. Judging by the dual person pronoun, it seems more obvious that '''homosexual fornication is meant [by this verse]''', even though the former [sc. al-Shāfi‘ī] was of the opinion that it referred to an adulterer and an adulteress; but this [opinion of his] may be countered by the fact that [the reference to] the two [men] becomes clear on account of the particle min being attached to a masculine pronoun [minkum, ‘of you’], and by the fact that they suffer the same punishment, [both effect the action of] repentance and [are both granted] that they be left alone [thereafter], '''[all of] which applies specifically to men''', given that for women detention is stipulated, as was stated before.}}
===Tafsir Ibn Kathir===
{{Quote|{{cite web quotebox|url= http://www.qtafsir.com/index.php?option=com_content&task=view&id=698&Itemid=59|title=  The Adulteress is Confined in her House; A Command Later Abrogated|publisher=Tafsir Ibn Kathir|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.qtafsir.com%2Findex.php%3Foption%3Dcom_content%26task%3Dview%26id%3D698%26Itemid%3D59&date=2014-05-29|deadurl=no}}|(And the two persons among you who commit illegal sexual intercourse, punish them both.) Ibn `Abbas and Sa`id bin Jubayr said that this punishment includes cursing, shaming them and beating them with sandals. This was the ruling until Allah abrogated it with flogging or stoning, as we stated. Mujahid said, "'''It was revealed about the case of two men who do it.''' As if he was referring to the actions of the people of Lut, and Allah knows best. }}


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