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

(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»

إِنَّكُمْ لَتَأْتُونَ الرّجَالَ شَهْوَةً مّن دُونِ النّسَآء]

Undoubtedly the sin of homosexuality is one of the worst sins; indeed, it is one of the major sins (kabaa’ir) that Allaah has forbidden. Allaah destroyed the people of Loot (peace be upon him) with the most terrifying kinds of punishment because they persisted in their sin and made this evil action commonplace and acceptable among themselves. Allaah says (interpretation of the meaning): [Quotes Quran 11:82-83, Quran 11:83, and Quran 54:37]

[...]

Imaam Ibn al-Qayyim (may Allaah have mercy on him) said:

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.” (Narrated 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 narrated 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).

(1) Aversion for women. Those who practise homosexuality usually don’t have desire for women. This negates one of the essence of marriage, procreation, which can only occur through cohabitation between men and women. Where individuals are compelled to have same sex wives or husbands, such people are deprived of love, mercy and tranquillity, which are the targets of marriage.

(2) Negative impacts on the nerves. This habit is injurious to the soul as it impacts negatively on the soul. This results into attack of psychological reflex in the character of the individual. He thinks that he ought not to have been created as a male. That is why you see gays dressing like women, especially those who occupy the portion of ‘wives’ in this animalistic tendency.

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 narrated 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).

In suratul Hud, Allah says: “So when our commandment came, we turned the towns of Sodom upside down and rained on them stones of baked day piled up. Marked from your lord and they are not ever far from the Zalimun (evil doers)” (Hud: 82-83).

From the aforementioned verses of the Quran, it is obvious that Allah destroyed the first set of people to embark on this act by turning their towns upside down while they were thereafter pelted with stones.

Since this act is one of the most criminal acts in Islam, equally its punishment is one of the greatest. All Muslim scholars agreed that death is the basic judgement such individuals deserve. This is in line with the saying of Prophet Muhammad as reported by Ibn Abbas: “If anyone is caught committing the act of the people of Lut, kill both the committer and the person with whom the act is committed” (Abu Dawud).