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Korán, hadísy a učenci: Homosexualita: Difference between revisions
Korán, hadísy a učenci: Homosexualita (view source)
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{{ 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}} | | {{ quote | {{Abudawud|31|4007}} | vyprávěl 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}} | | {{ quote | {{Abudawud|31|4008}} | vyprávěl 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.}} | ||
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{{ 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}}| | {{Quote|{{Abudawud|32|4087}}|vyprávěl AbuHurayrah: | ||
The Apostle of Allah (peace be upon him) '''cursed the man who dressed like a woman and the woman who dressed like a man'''.}} | The Apostle of Allah (peace be upon him) '''cursed the man who dressed like a woman and the woman who dressed like a man'''.}} | ||
{{Quote|{{Abudawud|32|4088}}| | {{Quote|{{Abudawud|32|4088}}|vyprávěl Aisha, Ummul Mu'minin: | ||
Ibn AbuMulaykah told that when someone remarked to Aisha that a woman was wearing sandals, she replied: '''The Apostle of Allah (peace be upon him) cursed mannish women'''.}} | Ibn AbuMulaykah told that when someone remarked to Aisha that a woman was wearing sandals, she replied: '''The Apostle of Allah (peace be upon him) cursed mannish women'''.}} | ||
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{{ quote | Tirmidhi 1:152 |Whoever is found conducting himself in the manner of the people of Lot, '''kill the doer and the receiver'''. }} | {{ quote | Tirmidhi 1:152 |Whoever is found conducting himself in the manner of the people of Lot, '''kill the doer and the receiver'''. }} | ||
{{ quote | Tirmidhi 1457|It was | {{ quote | Tirmidhi 1457|It was vyprávěl 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=== | ||
{{Quote|{{Ibn Majah|9|3|9|1903}}|It was | {{Quote|{{Ibn Majah|9|3|9|1903}}|It was vyprávěl from Abu Hurairah: | ||
that '''the Messenger of Allah cursed women who imitate men and men who imitate women'''. (Sahih)}} | that '''the Messenger of Allah cursed women who imitate men and men who imitate women'''. (Sahih)}} | ||
{{Quote|{{Ibn Majah|9|3|9|1904}}|It was | {{Quote|{{Ibn Majah|9|3|9|1904}}|It was vyprávěl from Ibn 'Abbas: | ||
that '''the Prophet cursed men who imitate women and woman who imitate men'''. (Sahih)}} | that '''the Prophet cursed men who imitate women and woman who imitate men'''. (Sahih)}} | ||
{{Quote|{{Ibn Majah|20|3|20|2561}}|It was | {{Quote|{{Ibn Majah|20|3|20|2561}}|It was vyprávěl from Ibn`Abbas that the Messenger of Allah said: “Whoever you find doing the action of the people of Lut, '''kill the one who does it, and the one to whom it is done'''.” (Hasan)}} | ||
{{Quote|{{Ibn Majah|20|3|20|2562}}|It was | {{Quote|{{Ibn Majah|20|3|20|2562}}|It was vyprávěl from Abu Hurairah that the Prophet said concerning those who do the action of the people of Lut: “'''Stone the upper and the lower, stone them both'''.” (Hasan)}} | ||
===Al Muwatta=== | ===Al Muwatta=== | ||
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===Různé=== | ===Různé=== | ||
{{Quote| | {{Quote|vyprávěl by Ahmad, 1878: Classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’, no. 5891|It was vyprávěl that Ibn Abbaas said: “The Prophet Muhammed (peace and blessings of Allah be upon him) said: "... cursed is the one who has intercourse with an animal, '''cursed is the one who does the action of the people of Loot'''."}} | ||
{{Quote|Mishkat, vol. 1, p. 765, Prescribed Punishments|Ibn Abbas and Abu Huraira reported God's messenger as saying, 'Accursed is he who does what Lot's people did.' In a version...on the authority of Ibn Abbas it says that Ali [Muhammad's cousin and son-in-law] '''had two people “burned”''' and that Abu Bakr [Muhammad's chief companion] '''had a wall thrown down on them'''.}} | {{Quote|Mishkat, vol. 1, p. 765, Prescribed Punishments|Ibn Abbas and Abu Huraira reported God's messenger as saying, 'Accursed is he who does what Lot's people did.' In a version...on the authority of Ibn Abbas it says that Ali [Muhammad's cousin and son-in-law] '''had two people “burned”''' and that Abu Bakr [Muhammad's chief companion] '''had a wall thrown down on them'''.}} | ||
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It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Kill the one who does it and the one to whom it is done.” (Reported by the four authors of Sunan. Its isnaad is saheeh. At-Tirmidhi said it is a hasan hadeeth). | It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Kill the one who does it and the one to whom it is done.” (Reported by the four authors of Sunan. Its isnaad is saheeh. At-Tirmidhi said it is a hasan hadeeth). | ||
Abu Bakr al-Siddeeq judged in accordance with this, and he wrote instructions to this effect to Khaalid, after consulting with the Sahaabah. ‘Ali was the strictest of them with regard to that. Ibn al-Qasaar and our shaykh said: the Sahaabah agreed that [the person who does homosexual acts] should be killed, but they differed as to how he should be killed. Abu Bakr al-Siddeeq said that he should be thrown down from a cliff. ‘Ali (may Allaah be pleased with him) said that a wall should be made to collapse on him. Ibn ‘Abbaas said, they should be killed by stoning. This shows that there was consensus among them that [the person who does homosexual acts] should be killed, but they differed as to how he should be executed. This is similar to the ruling of the Prophet (peace and blessings of Allaah be upon him) concerning the person who has intercourse with a woman who is his mahram [incest], because in both cases intercourse is not permitted under any circumstances. Hence the connection was made in the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him) who reported that the Prophet (peace and blessings of Allaah be upon him) said, “Whoever you find doing the deed of the people of Loot, kill them.” And it was also reported that he (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a woman who is his mahram, kill him.” And according to another hadeeth with the same isnaad, “Whoever has intercourse with an animal, kill him and kill the animal with him.” ( | Abu Bakr al-Siddeeq judged in accordance with this, and he wrote instructions to this effect to Khaalid, after consulting with the Sahaabah. ‘Ali was the strictest of them with regard to that. Ibn al-Qasaar and our shaykh said: the Sahaabah agreed that [the person who does homosexual acts] should be killed, but they differed as to how he should be killed. Abu Bakr al-Siddeeq said that he should be thrown down from a cliff. ‘Ali (may Allaah be pleased with him) said that a wall should be made to collapse on him. Ibn ‘Abbaas said, they should be killed by stoning. This shows that there was consensus among them that [the person who does homosexual acts] should be killed, but they differed as to how he should be executed. This is similar to the ruling of the Prophet (peace and blessings of Allaah be upon him) concerning the person who has intercourse with a woman who is his mahram [incest], because in both cases intercourse is not permitted under any circumstances. Hence the connection was made in the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him) who reported that the Prophet (peace and blessings of Allaah be upon him) said, “Whoever you find doing the deed of the people of Loot, kill them.” And it was also reported that he (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a woman who is his mahram, kill him.” And according to another hadeeth with the same isnaad, “Whoever has intercourse with an animal, kill him and kill the animal with him.” (vyprávěl by Ahmad, 2420; Abu Dawood, 4464; al-Tirmidhi, 1454; al-Haakim, 4/355). | ||
This ruling is in accordance with the ruling of sharee’ah, because the worse the haraam action is, the more severe the punishment for it. Having intercourse in a manner that is not permissible under any circumstances is worse than having intercourse in a manner which may be permitted in some circumstances, so its punishment is more severe. This was stated by Ahmad in one of the two reports | This ruling is in accordance with the ruling of sharee’ah, because the worse the haraam action is, the more severe the punishment for it. Having intercourse in a manner that is not permissible under any circumstances is worse than having intercourse in a manner which may be permitted in some circumstances, so its punishment is more severe. This was stated by Ahmad in one of the two reports vyprávěl from him. (Zaad al-Ma’aad, part 5, p. 40-41). | ||
'''The same applies to the sin of lesbianism. There is no doubt among the fuqahaa’ that lesbianism is haraam and is a major sin''', as stated by al-Haafiz Ibn Hajar (may Allaah have mercy on him). (Al-Mawsoo’ah al-Fiqhiyyah, part 24, p. 251). | '''The same applies to the sin of lesbianism. There is no doubt among the fuqahaa’ that lesbianism is haraam and is a major sin''', as stated by al-Haafiz Ibn Hajar (may Allaah have mercy on him). (Al-Mawsoo’ah al-Fiqhiyyah, part 24, p. 251). | ||
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 | 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 vyprávěl 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==== | ====Bakrin==== | ||
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A look at the nature of man exposes him as being disposed to varying indications. Some of these indication are good, while others are evil, bad and injurious to human existence. Therefore, there is the need for a restriction to human defiance which can result from bad inclination as it affects the society negatively. | A look at the nature of man exposes him as being disposed to varying indications. Some of these indication are good, while others are evil, bad and injurious to human existence. Therefore, there is the need for a restriction to human defiance which can result from bad inclination as it affects the society negatively. | ||
Allah has | Allah has vyprávěl to us the story of Prophet Lut and his people and the punishment meted to them when they first came with this evil act. The Quran says. “And remember Lut, when he said to his people. | ||
‘Do you commit the worst sin such as none preceding you has committed in the Alamin (mankind and .....) Verily, you practise your lusts on man instead of women. Nay, but you are a people transgressing beyond bounds by committing great sins. And the answer of his people was only that they said ‘Drive them out of your town, these are indeed men who want to be pure from sins. Then, we saved him and his family except his wife, she was of those who remained behind in the torment. And we rained down on them a rain of stones. Then see what was the end of the Mujrimun (sinners)” (Suratul A’raf: 80-84). | ‘Do you commit the worst sin such as none preceding you has committed in the Alamin (mankind and .....) Verily, you practise your lusts on man instead of women. Nay, but you are a people transgressing beyond bounds by committing great sins. And the answer of his people was only that they said ‘Drive them out of your town, these are indeed men who want to be pure from sins. Then, we saved him and his family except his wife, she was of those who remained behind in the torment. And we rained down on them a rain of stones. Then see what was the end of the Mujrimun (sinners)” (Suratul A’raf: 80-84). | ||
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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. | 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 | 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 vyprávěl 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. | 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. | ||
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Anal sex is strictly forbidden, even between heterosexual married couples. | Anal sex is strictly forbidden, even between heterosexual married couples. | ||
{{Quote| {{Abudawud|11|2157}}| | {{Quote| {{Abudawud|11|2157}}|vyprávěl AbuHurayrah: | ||
The Prophet (peace be upon him) said: '''He who has intercourse with his wife through her anus is accursed'''.}} | The Prophet (peace be upon him) said: '''He who has intercourse with his wife through her anus is accursed'''.}} | ||
{{Quote|{{Ibn Majah|9|3|9|1924}}|It was | {{Quote|{{Ibn Majah|9|3|9|1924}}|It was vyprávěl from Khuzaimah bin Thabit: | ||
that the Messenger of Allah said: “Allah is not too shy to tell the truth,” three times. ” '''Do not have intercourse with women in their buttocks'''.” (Sahih)}} | that the Messenger of Allah said: “Allah is not too shy to tell the truth,” three times. ” '''Do not have intercourse with women in their buttocks'''.” (Sahih)}} | ||
{{Quote|{{Ibn Majah|9|3|9|1923}}|It was | {{Quote|{{Ibn Majah|9|3|9|1923}}|It was vyprávěl from Abu Hurairah: | ||
that the Prophet said: “Allah will not look at '''a man who has intercourse with his wife in her buttocks'''.” (Sahih)}} | that the Prophet said: “Allah will not look at '''a man who has intercourse with his wife in her buttocks'''.” (Sahih)}} | ||