#424: The Hadd (Punishment) Of Homosexuality

QUESTION

” So what is the hukm regarding such an act?? And is it a hukm that can be done individually or with the legalised authority. Refering to Homosexuality”

ANSWER

Alhamdulillāh.

We are sorry for the delay in answering your question, may Allah forgive our sins and yours, āmīn.

As for the punishment for it, it suffices here to quote the saying of Shaykhu Al-Islaam Ibn Taymiyyah – rahimahullaah – where he stated:

“It has come in the Sunan from the Prophet – salallāhu alayhi wasallam – “whosoever you find committing the act of the People of Lut, then kill both the doer and the one to whom it is done.”
For this reason, the Sahaabah are at a consensus on the obligation of killing them both.
Instead, they differed on the way the killing should be.
Some of them said: he is to be stoned to death, others said: he is to be thrown down from the highest peak in the city and then followed by stoning. Others said: he is to be burnt with fire. For this reason, the position held by majority of the Salaf and the Fuqahaa is that they are both stoned to death whether they have been previously married or not, free or in slavery, or whether one of them is a slave to the other.
And the generality of the Muslims have formed a consensus that whosoever considers it Halaal or legislate it as such is a Kaafir Murtad.”

Majmu’atu Al-Fataawa

The majority of the Fuqahaa, rahimahimullaah hold the position that such a person should be stoned to death like the people of Lut were stoned while it is the fatwa of Ibn Abbas – radiyallaahu ‘anhu – and some of the Ulamā that such a person be thrown from the highest peak.

In terms of implementation, what is known in our history is that majority of the Fuqahaa and Umaraa of the Islamic State established the hukm of stoning to death and not throwing from a height as the evidence used by Ibn Abbas – radiyallaahu anhuma – is found to be weak.

Who has the right to implement the Hadd punishment?

The Ulamā differed slightly on this. While majority of the Fuqahaa hold that it cannot be carried out but under the authority of the Amir/Imām of the Muslims, what is right is the position of the Muhaqqiqun that it is permissible but with the condition that there will not follow such an act Mafsada and disadvantages for the Muslim Ummah by carrying it out.

Allāhu A’alam

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

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