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Qur'an, Hadith and Scholars:Homosexuality (view source)
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The practice of homosexual sex and relationships is roundly condemned in the Islamic tradition, which sees these acts as unnatural and stemming from the wickedness of the people of [[Lut]]. Men who act effeminate or blatantly break gender norms are also condemned both by the tradition and the scholars. | |||
==Qur'an== | ==Qur'an== | ||
{{ quote |{{Quran|4|16}} (also see [[#Tafsir_Quran_4_16|Tafsirs]] of this verse below)|'''If two men among you are guilty of lewdness, punish them both'''. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful.}} | {{quote |{{Quran|4|16}} (also see [[#Tafsir_Quran_4_16|Tafsirs]] of this verse below)|'''If two men among you are guilty of lewdness, punish them both'''. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful.}} | ||
{{ quote |{{Quran|7|80}}|We also (sent) Lut: He said to his people: "'''Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practise your lusts on men in preference to women : ye are indeed a people transgressing beyond bounds'''. And his people gave no answer but this: they said, "Drive them out of your city: these are indeed men who want to be clean and pure!" But we saved him and his family, except his wife: she was of those who legged behind. '''And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime!'''}} | {{quote |{{Quran-range|7|80|83}}|We also (sent) Lut: He said to his people: "'''Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practise your lusts on men in preference to women : ye are indeed a people transgressing beyond bounds'''. And his people gave no answer but this: they said, "Drive them out of your city: these are indeed men who want to be clean and pure!" But we saved him and his family, except his wife: she was of those who legged behind. '''And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime!'''}} | ||
{{ quote |{{Quran|26|165}}| "'''Of all the creatures in the world, will ye approach males''', And leave those whom Allah has created for you to be your mates? '''Nay, ye are a people transgressing (all limits)!'''" They said: "If thou desist not, O Lut! thou wilt assuredly be cast out!" He said: "'''I do detest your doings. O my Lord! deliver me and my family from such things as they do!'''" So We delivered him and his family,- all Except an old woman who lingered behind. Then afterward We destroyed the others. '''We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)!'''}} | {{quote |{{Quran-range|26|165|173}}| "'''Of all the creatures in the world, will ye approach males''', And leave those whom Allah has created for you to be your mates? '''Nay, ye are a people transgressing (all limits)!'''" They said: "If thou desist not, O Lut! thou wilt assuredly be cast out!" He said: "'''I do detest your doings. O my Lord! deliver me and my family from such things as they do!'''" So We delivered him and his family,- all Except an old woman who lingered behind. Then afterward We destroyed the others. '''We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)!'''}} | ||
{{ quote |{{Quran|27|54}}|(We also sent) Lut (as a messenger): behold, He said to his people, "'''Do ye do what is shameful though ye see (its iniquity)? Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant!''' But his people gave no other answer but this: they said, "Drive out the followers of Lut from your city: these are indeed men who want to be clean and pure!" Then We saved him and his household save his wife; We destined her to be of those who stayed behind. And '''We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)!'''}} | {{quote |{{Quran-range|27|54|58}}|(We also sent) Lut (as a messenger): behold, He said to his people, "'''Do ye do what is shameful though ye see (its iniquity)? Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant!''' But his people gave no other answer but this: they said, "Drive out the followers of Lut from your city: these are indeed men who want to be clean and pure!" Then We saved him and his household save his wife; We destined her to be of those who stayed behind. And '''We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)!'''}} | ||
{{ quote |{{Quran|29|28}}|And (remember) Lut: behold, he said to his people: "'''Ye do commit lewdness''', such as no people in Creation (ever) committed before you. "'''Do ye indeed approach men''', and cut off the highway?- and practise wickedness (even) in your councils?" But his people gave no answer but this: they said: "Bring us the Wrath of Allah if thou tellest the truth." He said: "O my Lord! help Thou me against people who do mischief!" When Our Messengers came to Abraham with the good news, they said: "'''We are indeed going to destroy the people of this township: for truly they are (addicted to) crime.'''"}} | {{quote |{{Quran-range|29|28|31}}|And (remember) Lut: behold, he said to his people: "'''Ye do commit lewdness''', such as no people in Creation (ever) committed before you. "'''Do ye indeed approach men''', and cut off the highway?- and practise wickedness (even) in your councils?" But his people gave no answer but this: they said: "Bring us the Wrath of Allah if thou tellest the truth." He said: "O my Lord! help Thou me against people who do mischief!" When Our Messengers came to Abraham with the good news, they said: "'''We are indeed going to destroy the people of this township: for truly they are (addicted to) crime.'''"}} | ||
==Hadith== | ==Hadith== | ||
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===Sahih Bukhari=== | ===Sahih Bukhari=== | ||
{{ quote |{{Bukhari|7|72|774}}|Narrated Ibn 'Abbas: '''The Prophet cursed effeminate men'''; those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, "'''Turn them out of your houses.'''" The Prophet turned out such-and-such man, and 'Umar turned out such-and-such woman.}} | {{quote |{{Bukhari|7|72|774}}|Narrated Ibn 'Abbas: '''The Prophet cursed effeminate men'''; those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, "'''Turn them out of your houses.'''" The Prophet turned out such-and-such man, and 'Umar turned out such-and-such woman.}} | ||
{{ quote |{{Bukhari|8|82|820}}|Narrated Ibn 'Abbas: '''The Prophet cursed effeminate men''' and those women who assume the similitude (manners) of men. He also said, "'''Turn them out of your houses.'''" He turned out such-and-such person out, and 'Umar turned out such-and-such person.}} | {{quote |{{Bukhari|8|82|820}}|Narrated Ibn 'Abbas: '''The Prophet cursed effeminate men''' and those women who assume the similitude (manners) of men. He also said, "'''Turn them out of your houses.'''" He turned out such-and-such person out, and 'Umar turned out such-and-such person.}} | ||
===Abu Dawud=== | ===Abu Dawud=== | ||
{{ quote | {{Abudawud|38|4447}} | Narated By Abdullah ibn Abbas : The Prophet (peace be upon him) said: If you find anyone doing as Lot's people did, '''kill the one who does it, and the one to whom it is done'''.}} | {{quote | {{Abudawud|38|4447}} | Narated By Abdullah ibn Abbas : The Prophet (peace be upon him) said: If you find anyone doing as Lot's people did, '''kill the one who does it, and the one to whom it is done'''.}} | ||
{{ quote | {{Abudawud|38|4448}} | Narated By Abdullah ibn Abbas : If a man who is not married is seized committing sodomy, '''he will be stoned to death'''.}} | {{quote | {{Abudawud|38|4448}} | Narated By Abdullah ibn Abbas : If a man who is not married is seized committing sodomy, '''he will be stoned to death'''.}} | ||
{{ quote | {{Abudawud|31|4007}} | Narrated AbuSa'id al-Khudri: | {{quote | {{Abudawud|31|4007}} | Narrated AbuSa'id al-Khudri: | ||
The Prophet (peace be upon him) said: '''A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman'''. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover. }} | The Prophet (peace be upon him) said: '''A man should not look at the private parts of another man, and a woman should not look at the private parts of another woman'''. A man should not lie with another man without wearing lower garment under one cover; and a woman should not be lie with another woman without wearing lower garment under one cover. }} | ||
{{ quote | {{Abudawud|31|4008}} | Narrated AbuHurayrah: | {{quote | {{Abudawud|31|4008}} | Narrated AbuHurayrah: | ||
The Prophet (peace be upon him) said: '''A man should not lie with another man and a woman should not lie with another woman''' without covering their private parts except a child or a father. He also mentioned a third thing which I forgot.}} | The Prophet (peace be upon him) said: '''A man should not lie with another man and a woman should not lie with another woman''' without covering their private parts except a child or a father. He also mentioned a third thing which I forgot.}} | ||
{{ quote | {{Abudawud|11|2169}} |AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: '''Beware! No man should lie with another man, no woman should lie with another woman''' except with one's child or father. He also mentioned a third which I have forgotten...}} | {{quote | {{Abudawud|11|2169}} |AbuDawud said: From here I remembered this tradition from Mu'ammil and Musa: '''Beware! No man should lie with another man, no woman should lie with another woman''' except with one's child or father. He also mentioned a third which I have forgotten...}} | ||
{{Quote|{{Abudawud|32|4087}}|Narrated AbuHurayrah: | {{Quote|{{Abudawud|32|4087}}|Narrated AbuHurayrah: | ||
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===Al Tirmidhi=== | ===Al Tirmidhi=== | ||
{{ quote | Tirmidhi | {{quote |[https://sunnah.com/tirmidhi/17/40 Jami` at-Tirmidhi 3:15:1456 (Hasan)]|Narrated Ibn 'Abbas: That the Messenger of Allah said: "Whomever you find doing the actions of the people of Lut then kill the one doing it, and the one it is done to."}} | ||
{{ quote | Tirmidhi 1457|It was narrated by Jaabir (may Allah be pleased with him): "The Prophet (peace and blessings of Allah be upon him) said: ''''There is nothing I fear for my ummah more than the deed of the people of Loot.''''"}} | {{quote |[https://sunnah.com/tirmidhi/17/41 Tirmidhi 3:5:1457 (Da'if)]|It was narrated by Jaabir (may Allah be pleased with him): "The Prophet (peace and blessings of Allah be upon him) said: ''''There is nothing I fear for my ummah more than the deed of the people of Loot.''''"}} | ||
===Ibn Majah=== | ===Ibn Majah=== | ||
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==Scholars== | ==Scholars== | ||
===Classical | ===Classical=== | ||
{{ | {{anchor|Tafsir_Quran_4_16}} | ||
====Al Jalalayn==== | |||
(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. | {{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 |{{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}}|[وَاللَّذَانَ يَأْتِيَـنِهَا مِنكُمْ فَـَاذُوهُمَا] | |||
(And the two persons among you who commit illegal sexual intercourse, punish them both. [Qur'an 4:16]) 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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('''Whoever you catch committing the act of the people of Lut (homosexuality), then kill both parties to the act.''')}} | ('''Whoever you catch committing the act of the people of Lut (homosexuality), then kill both parties to the act.''')}} | ||
{{ quote | 1=[http://tafsir.com/default.asp?sid=7&tid=18236 The Story of Prophet Lut, upon Him be Peace, and His People]<BR>Tafsir 'Ibn Kathir|2=[أَتَأْتُونَ الْفَـحِشَةَ مَا سَبَقَكُمْ بِهَا مِنْ أَحَدٍ مِّن الْعَـلَمِينَ] | {{quote | 1=[http://tafsir.com/default.asp?sid=7&tid=18236 The Story of Prophet Lut, upon Him be Peace, and His People]<BR>Tafsir 'Ibn Kathir|2=[أَتَأْتُونَ الْفَـحِشَةَ مَا سَبَقَكُمْ بِهَا مِنْ أَحَدٍ مِّن الْعَـلَمِينَ] | ||
إِنَّكُمْ لَتَأْتُونَ الرّجَالَ شَهْوَةً مّن دُونِ النّسَآء] | إِنَّكُمْ لَتَأْتُونَ الرّجَالَ شَهْوَةً مّن دُونِ النّسَآء] | ||
("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 | ===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'''.}} | ||
== | ====IslamOnline==== | ||
{{ | |||
=== | {{Quote|{{cite web quotebox|url= http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545556|title= Death Fall as Punishment for Homosexuality|publisher= IslamOnline|author= |date= July 22, 2002|archiveurl= http://www.webcitation.org/query?url=https%3A%2F%2Fweb.archive.org%2Fweb%2F20091103195314%2Fhttp%3A%2F%2Fwww.islamonline.net%2Fservlet%2FSatellite%3Fpagename%3DIslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE%26cid%3D1119503545556&date=2014-10-28|deadurl=yes}}| | ||
'''Question (Ahmad - United Kingdom)''' | |||
Respected scholars of Islam, As-Salamu `Alaykum wa Rahamtu Allah wa Barakatuh. I have read in a newspaper that an Iranian man who was convicted of raping and killing his 16-year-old nephew is to be executed by being thrown off a cliff in sack; and if the man survives the fall down a rocky precipice, he will be hanged. What is your comment on this issue? | |||
'''Answer''' | |||
Dear brother in Islam, we do really appreciate your question, which shows how far you are interested in getting yourself well-aquatinted with Islam and its teachings. May Allah bless your efforts in the pursuit of knowledge! | |||
First of all, it should be clear that this man committed two heinous crimes: 1) homosexuality, and 2) murder. Each crime is sufficient to warrant death penalty. In addition, this man has severed ties of kinship by seducing and killing his nephew. | |||
The Glorious Qur’an is explicit in deciding the ''Hadd'' (legal penalty) for the crime of murder, when saying: '''“O ye who believe! the law of equality is prescribed to you in cases of murder: …”''' (Al-Baqarah: 178) | |||
Homosexuality, moreover, is an abomination and a grave sin. In Hadith, the Prophet, peace and blessings be upon him, clarifies the gravity of this abomination by saying: '''“Allah curses the one who does the actions (homosexual practices) of the people of Lut”''' repeating it three times; and he said in another Hadith: '''“If a man comes upon a man then they are both adulterers.”''' Here, he considered homosexuality tantamount to adultery in relation to the Shari’ah punishments because it is an abomination on the one hand and the definition of adultery applies to it on the other hand. | |||
However, death fall is not the sole penalty agreed upon by the Muslim Jurists as a punishment for this crime. The punishment here is controversial due to divergence of views among `Ulama in deducting ruling as regards this case from Shari`ah sources. | |||
Focusing more on the question in point, the eminent Muslim scholar, ''Sheikh `Abdel Khaliq Hasan Ash-Shareef'', states: | |||
“As regards this case (if genuine), this man committed two heinous crimes, which deserve severe punishment. He is a murderer and homosexual. Besides, he severed ties of kinship by doing such grave sins. | |||
Death penalty (''Qisas'') is well established by the Qur’an in more than one verse. Allah, Most High, says: '''“O ye who believe! the law of equality is prescribed to you in cases of murder: …”''' (Al-Baqarah: 178) | |||
As to the issue of how the homosexual person is judged in an Islamic State, the Companions of Prophet Muhammad, peace and blessing be upon him differed among themselves on this issue, and this led to different views maintained by Muslim Jurists. For example, in the Hanafi school of thought, the homosexual is punished through harsh beating, and if he/she repeats the act, death penalty is to be applied. As for the Shafi`i school of thought, the homosexual receives the same punishment of adultery (if he/she is married) or fornication (if not married). This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times. Hence, the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication, while the Hanafi differentiates between the two acts because in homosexuality, the anus (a place of impurity) may also be involved while in adultery (and fornication), the penis/vagina (which are reproductive parts) are involved. Some scholars hold the opinion that the homosexual should be thrown from a high building as a punishment for his crime, but other scholars maintain that he should be imprisoned until death. | |||
Based on the above fact, we can conclude that, the judge is invested with full discretion as to whether this man is to be thrown from a high place or not, as a punishment for his crime. However, if the man survives death fall, the judge has the right to sentence him to death.” | |||
Shedding more light on the legal penalty for homosexuality, Dr. ''Taha Jaber Al-`Alwani'', President of the Graduate School of Islamic and Social Sciences and President of the Fiqh Council, states: | |||
“The scholars of this Ummah are in agreement - based on what has been revealed in the Qur’an and what has been authenticated in the Prophetic Tradition (Sunnah)- on prohibiting both behaviors (gayness and lesbianism) because in each of two actions there is an assault on the humanity of a person, destruction of the family and a clash with aims of the Lawgiver, one of which is the establishment of sexual instincts between males and females so as to encourage the institution of marriage. | |||
Islam does not view sexual desire as the main aim of marriage; for marriage is a means to acquire tranquility and to actualize the love and mercy between spouses. Furthermore, it is a means for the survival of human kind and fostering a web of sound relations that aid in building sound families that constitute the smallest units for the society at large; this healthy society being the final aim of Islam. | |||
Actually, humans are not animals controlled by their sexual instincts, answering the call of sexual desires every time it is aroused in them. Rather, it is their responsibility to know how they can orient this craving, which is a trust Allah has implemented in them, both male and female, in addition to the will and power to choose, a blessing Allah has bestowed on humans; all this is what distinguishes them from the rest of the creatures in that they orient their conduct and do what is good. | |||
So, viewing (material) desires as aims in themselves is a deviation from one’s natural disposition and a departure from the natural order. If the trend in the West is to legalize this conduct, it should be noted that such things did not materialize until after religious values had been diluted and had been changed to relative values that glorify individuality and make pleasures as an end and aim. | |||
In Hadith, the Prophet, peace and blessings be upon him, clarifies the gravity of this abomination by saying: '''“Allah curses the one who does the actions of the people of Lut”''' repeating it three times; and he said in another Hadith: '''“If a man comes upon a man then they are both adulterers.”''' Here, he considered homosexuality tantamount to adultery in relation to the Shari’ah punishments because it is an abomination on the one hand and the definition of adultery applies to it on the other hand. It has also been narrated from the Companions (may Allah be pleased with them) that this crime deserves severe punishment more than that of adultery to insure its deterrence and restraint. Verily, the punishment here is the burning of both homosexuals (the actor and acted upon) or stoning them with rocks till death because Allah Most High stoned the people of Lut after demolishing their village. | |||
As for lesbians, the Prophet, peace and blessings be upon him, said about them: '''"If a woman comes upon a woman, they are both Adulteresses”'''. The scholars mentioned that it is incumbent on the authority to enact a reprimand on lesbians that is fitting to the crime committed. | |||
It is true that some of the scholars disagreed with these punishments not because of doubt that these actions constitute a crime, but because of a lack of divine textual stipulation for a worldly punishment. But the actions of the Prophet’s Companions do indicate that in fact this crime has a worldly punishment, to be carried out by those in authority among the Muslims. The story of Abu Bakr Al-Siddiq when Khalid Ibn Al-Waleed wrote to him on this matter is famous and can be referenced in many sources. | |||
[The story referred to above goes as follows: | |||
"In his book ''Fat-h al-Qadir'', the famous Hanafi scholar, Ibn al-Humam states: | |||
“Al-Bayhaqi reported in his book ''Shu`ab al-Iman'' on the authority of Abu ad-Dunya that Abd al-`Aziz ibn Abi Hazim related from Dawud ibn Bakr who related from Muhammad ibn al-Mukadir the following: | |||
“Khalid Ibn al-Walid wrote to Abu Bakr [seeking the legal ruling] concerning a man with whom another man had sexual intercourse. Thereupon, Abu Bakr gathered the Companions of the Prophet, peace and blessings be upon him, and sought their opinion. `Ali, may Allah be pleased with him, was the strictest of all, saying, 'Only one nation disobeyed Allah by committing such sin and you know how Allah dealt with them. I see that we should burn the man with fire.’ The Companions unanimously agreed on this.” This incident is also mentioned by al-Waqidi under the subject of apostasy at the end of the section on the apostasy of Bani Salim.]” }} | |||
==Related Issues== | ==Related Issues== | ||
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'''p75.20''' The Prophet (Allah Bless him and give him peace) said, | '''p75.20''' The Prophet (Allah Bless him and give him peace) said, | ||
"He who sodomizes a woman is accursed."}} | "He who sodomizes a woman is accursed."}} | ||
==See Also== | ==See Also== | ||
{{Hub4|Non-Muslims (Primary Sources)|Non-Muslims (Primary Sources)}} | {{Hub4|Non-Muslims (Primary Sources)|Non-Muslims (Primary Sources)}} | ||
{{Translation-links-english|[[Korán, hadísy a učenci: Homosexualita|Czech]]}} | |||
==References== | ==References== | ||
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[[Category:QHS]] | [[Category:QHS]] | ||
[[Category: | [[Category:Homosexuality]] | ||
[[Category:Sex]] | |||
[[Category:Shariah (Islamic Law)]] | |||
[[Category:Hudud (punishments)]] | |||
[[Category:Fiqh (legal theory)]] | |||