Sodomy and Sexual Intercourse with Animals.
The Quran mentions the story of Prophet Lot (Lut) and the destruction of Sodom and Gomorrah, which is often interpreted as a condemnation of homosexual acts. However, there are differing interpretations within Islamic scholarship regarding the specific punishment for such acts and whether they are explicitly detailed in the Quran.
Here's a breakdown:
Quranic Perspective:
Story of Lot:
The Quran narrates the story of Prophet Lot (Lut) and his people, who were punished for their wickedness, including engaging in sexual relations with men instead of women. This narrative is frequently cited as evidence against homosexual acts.
No Explicit Punishment:
While the Quran condemns the actions of Lot's people, it does not explicitly detail the specific punishment for homosexual acts.
Interpretation of "Iniquity":
Some scholars interpret the term "iniquity" used in the Quran in the context of Lot's story as referring to homosexual acts specifically. In contrast, others suggest it could encompass a broader range of indecent or unethical behaviors.
Interpretations of Punishment:
Traditional View:
Most traditional Islamic scholars interpret the Quranic narrative as a basis for the prohibition of homosexuality and believe that it should be punished.
Differing Views on Punishment:
While there's agreement on the prohibition, there are varying opinions on the specific punishment for homosexuality, with some suggesting stoning or other severe punishments based on interpretations of hadith (sayings and actions of Prophet Muhammad).
Lenient Interpretations:
Some scholars, particularly those from the Mu'tazilite school of thought, have offered more lenient interpretations, suggesting that homosexual acts might be considered a form of adultery (illicit sexual relations) and subject to the same disciplinary measures.
Modern Interpretations:
In modern times, some scholars have argued for a more nuanced understanding of the Quranic verses and have suggested that homosexual acts may not necessarily warrant the same harsh punishments as adultery.
Other Relevant Points:
Adultery:
The Quran does address adultery (illicit sexual relations), but this is generally understood to refer to heterosexual relationships outside of marriage.
Homosexuality in Hadith:
Some hadith collections mention punishments for homosexuality, but there are also debates about the authenticity and interpretation of these hadith.
Diversity of Opinion:
It is important to note that there is a diversity of opinion within Islamic scholarship regarding homosexuality and its punishment, and not all Muslims share the same views.
In conclusion: While the Quran condemns homosexual acts through the story of Lot, it does not explicitly detail the punishment for such acts. Interpretations of the Quran and hadith vary, with some scholars advocating for severe punishments and others suggesting more lenient approaches.
1. It is reported by Hadrat Jabir (may Allah be pleased with him) that the Holy Prophet (peace and blessings of Allah be upon him) observed: 'My major concern is that my faithful should not perform the deeds of the sodomists.' (Jbn Majah, Tirmidhi).
2. The following tradition has also been reported by Hadrat Jabir (may Allah be pleased with him) that the Holy Prophet (peace and blessings of Allah be upon him) affirmed, "When sodomy becomes popular among a certain people, God forsakes those people, and God cares not if these people are killed in a forest." (Tibrant). This means that God turns indifferent
This treatment will be repeated and has no use for such people.
3. A tradition is reported by Hadrat Ibn 'Abbas (may Allah be pleased with him) that the Apostle of God (peace and blessings of Allah be upon him) observed, "Seven types of sinners are cursed by the angels of seven heavens.'' This curse is enough to send the wretch to utter damnation:
(1) "'A sodomist is a cursed person.' This the Prophet repeated three times.
(2) He who slaughters in the name of something else besides God is a cursed one.
(3) The person who commits sexual intercourse with animals is a cursed one.
(4) The person who makes his wife and the mother of his wife his cohabiting partners at the same time (whether he joins the two together in wedlock or commits fornication with his mother-in-law), is a cursed one.
(5) An unfilial person is a cursed one.
(6) He who changes the signposts indicating the | | boundaries of the land is a cursed person. |
(7) The servant who seeks alliance with someone else besides his patron is a cursed one. (Tibrant, Bathaqt).
4. Abu Huraira (may Allah be pleased with him) relates that the Apostle of God (peace and blessings of Allah be upon him) has said: "One who indulges in sexual intercourse with the animals remains under the curse of God for all the twenty-four hours." (Bathaqi, Tibrant).
5. Hadrat Ibn 'Abbas (may Allah be pleased with him) relates that the Prophet of God (peace and blessings of Allah be upon him) observed: '"'May God curse him who removes signposts from the ground; may God curse him who misguides a blind man; God's curse be on him who rebukes his parents; God's curses be on him who attaches himself to someone else as a client leaving aside his owner and master. God's curses be on him who commits sodomy. The Prophet repeated this last sentence thrice." (Bazhaqi).
6. Ibn 'Abbas (may Allah be pleased with him) reports that the Holy Prophet observed concerning those who indulge in sexual intercourse with animals that the performer of this act and the object with which the act is performed, "Slay both." (Abu Dawud) Although the animal is not liable to be slaughtered, yet it has been ordained as a compulsory duty.
7. Abu Huraira (may Allah be pleased with him) relates that the Holy Prophet of God (peace and blessings of Allah be upon him) observed: 'The faith of these three persons is never acceptable:
(1) The sodomist and the catamite;
(2) Two women who maintain unnatural relationships with one another;
(3) A tyrannical king.”’ (Tztbrant).
The implication is that the affirmation of Kalimah: There is no god but Allah and Muhammad is His Prophet, by the above three persons will not save them from torment, save until they repent.
8. Hadrat Ibn 'Abbas (may Allah be pleased with him) reports a tradition that the Prophet of God (peace and blessings of Allah be upon him) observed: "The Almighty Lord would not even look at a person who commits sodomy with a male person or performs a sodomist act with a woman." (Tirmidhi).
9. Hadrat Ibn 'Umar (may Allah be pleased with him) relates a tradition that the Prophet of God (peace and blessings of Allah be upon him) observed: "The sexual use of the anus of a woman is, ir a way, sodomy." (Ahmad, Bazz2z).
10. Hadrat 'Uyba b. 'Amir relates that the Prophet of God (peace and blessings of Allah be upon him) observed: 'He who uses the anus of a woman for a sexual act is a cursed one.' (Ttbrant).
11. Hadrat Abu Huraira (may Allah be pleased with him) said: "He who performs an act of sodomy with a woman is an infidel." (Tibranz).
In other words, such a man is a great transgressor, for despite having access to natural means, he uses. unnatural means.
12. Hadrat Abu Huraira (may Allah be pleased with him) relates this tradition also that the Prophet of God (peace and blessings of Allah be upon him) observed: '*He who copulates with a woman during menses or'uses the anus of a woman for sexual act or affirms the claims of a kahin (soothsayer), that man negates the veracity of the Holy Qur'an. (Tirmidh, Nasa'i).
13. According to a tradition reported by Hadrat Jabir (may Allah be pleased with him), the Prophet of God (peace and blessings of Allah be upon him) stated:
"Be ashamed before Almighty God. God is not ashamed of revealing the truth. ! It is unlawful to use the anus of a woman for an unnatural act.” (Dar Qutnz)
[Bestiality is absolutely unlawful and a major crime in Islam. This needs no explanation.]
The tradition related by Ibn `Abbas merely affirms that there is no penal punishment for the act. There are very few specifically prescribed penal punishments. However, in the event that such an act occurs, the perpetrator would be punished as per the discretion of the government.
But Islam says the punishment is death:
(بِسْمِ ٱللّٰهِ ٱلرَّحْمٰنِ ٱلرَّحِيمِ)
ٱلْحَمْدُ لِلَّهِ ٱلَّذِى خَلَقَ ٱلسَّمَـٰوَٰتِ وَٱلْأَرْضَ وَجَعَلَ ٱلظُّلُمَـٰتِ وَٱلنُّورَ ۖ ثُمَّ ٱلَّذِينَ كَفَرُوا۟ بِرَبِّهِمْ يَعْدِلُونَ ١
Bestiality is a grave sin and a reprehensible crime. Allah, The Exalted, says (what means): {And do not approach immoralities – what is apparent of them and what is concealed.}
[Surah al Anam /6: Ayat 1)
The Prophet, also said: "If someone engages in sexual intercourse with an animal, kill him and kill the animal."
[Ahmad and others - Al-Arnaa'oot said its Isnaad is Hasan]
What is the punishment of bestiality in Islam?
There are three views on the legal punishment for Bestiality in Shariah:
There is a Hadd for it: the offender (be they married or unmarried) will be killed. This is based on the following hadith from the Prophet:
Who fell upon a beast and killed it and killed the beast
Whoever copulates with an animal, kill him and kill the animal.
Abu Daud, Ibn Majah, Tirmidhi
This is also the law of the Torah (Exodus 22:18/19 and Leviticus 20:15). Scholars supporting this also make an analogy with sodomy based on Quran 7:80-81. This is one of the views of the Shafi'is and one of the views of the Hanbalis.
The Hadd of Zina applies. A muhsan (married) offender will be stoned to death (Rajm) while an un-married offender will be whipped 100 lashes. This is based on the reasoning that Bestiality resembles and is analogous to Adultery: private parts meet and interact, fluid is exchanged and desire is gratified.
An unmarried offender will not be executed because of the well known hadith of the Prophet:
It does not dissolve the blood of a Muslim, he testifies that there is no god but Allah, and the Messenger of Allah is not the only one.
The blood of a Muslim ... cannot be shed except in three cases:
i) In Qisas (retaliation) for murder,
ii) a married person who commits illegal sexual intercourse and
iii) the one who reverts from Islam (apostate) and leaves the Muslims
Sahih Bukhari
This is one of the views of the Shafi'is. It is a view of the Malikis according to الفقه على المضحب الالعربية,
but I couldn't find corroboration in the few other texts that I read.
A Tazir punishment is mandatory on the judge but not a Hadd, because they argue:
There is no clear evidence that there is a Hadd for it. The first hadith is disputed and there is a contradictory report from the narrator Ibn Abbas, who is also reported to have said:
ليس على دهي ياطي البهيمة حد
There is no Hadd for one who has sexual intercourse with an animal.
Abu Dau
Bestiality is different from Zina: It does not come under the dictionary definition of Zina. It does not lead to repercussions for others like defiling another human's honor or conception of an illegitimate child. It is not enticing or tempting to the heart but rather considered repulsive and abominable.
If there is no Hadd punishment on it then a Ta'zir punishment applies. That is because bestiality is haram (23:5-7) and there is Ijma' on its prohibition:
وتفقوا على ان إتيان البهايم
And it is agreed upon that bestiality is haram
Iqnaa' fi Masaa'il al-Ijmaa'
And a Ta'zir is prescribed for every sin which does not have a Hadd punishment - since we have been commanded to change wrongdoing with our hands (i.e. using strength), and this too is agreed upon:
The scholars have agreed that tazeer is legitimate in every sin, there is no limit to it, and there is no expiation
The scholars have a consensus that Ta'zir is prescribed for every sin for which there is no Hadd or Kaffarah.
— Majmoo' al-Fataawa
The nature and severity of a Tazir is left to the Qadi (judge), he may choose a punishment that he feels is appropriate and adequate to act as a deterrence on a case-by-case basis. Punishments may include imprisonment, chastisement, lashes (must be fewer in number than in Hudood) etc. A repeat offender or one who considers it lawful may be executed.
This is the view of the Hanafis, one of the views of the Shafi'is, Hanbalis and Malikis. And this is the majority view.
Below I am providing my personal translation of some relevant Fiqh texts:
The views of the Sunni Madhabs as related in الفقه على المداحب الالعدرة:
Al-Hanafiyyah - They said: There is no limit to this al-fahsha as there is no mention of it in the Book of God, nor in the Sunnah of His Messenger, may God's prayers and peace be upon him. And it was not proven that the Messenger, may God bless him and grant him peace, set a limit on those who fell in this scandal. But he must be punished by what the ruler sees, from imprisonment or beating or reprimanding or otherwise.
The Hanafis say there is no Hadd for this lewd sin. There is no mention of a legal punishment in the Book of Allah or the Sunnah of the Prophet of Allah, nor is it proven that the Prophet enforced a Hadd on a doer of this deed. But it is wajib on the Ruler that according to his opinion he should give whatever punishment. He may imprison, or whip or chastise such that it would provide deterrence.
Al-Malkiyya - Qalwa: إن حدة كحد الزنا, فيلج البكر, ويرجم المحصن, and that's because نكاح فرج محرم شرعاً مشتهى تعاباً, مشل القبل, والدبر, فاوجب الحد كالزنا.
The Malikis say: the punishment of this action is the same as Zina. The unmarried adult would be whipped and the mohsan would be stoned. [ similarity to Zina as explained above ]
Al-Shafi'ia - They said: They have three views: Ahraha, Al-Had as Al-Malkiyya said, so his rule is like adultery, the second saying: He kills a virgin, or a female, and that's when it was narrated on the authority of the Messenger, may God's prayers and peace be upon him, that he said: (It falls on an animal, so kill them and kill the animal) narrated by Imam Ahmad, and Abu Dawood, and al-Tirmidhi narrated on the authority of Ibn Abbas. Ismail nar Dawood bin Al-Hoseen nar Akram, nar Ibn Abbas that the Messenger of God صلى الله عليه وسلم said: قول الذهز: إنه يعزر, ولا حد فيه, حسب ما يراه الإمام لمجهب الحنفية.
The Shafi'is say they have three opinions, the most correct of which is that the person would get the Hadd as the Malikis say, that the ruling is similar to that of Zina.
The Second saying is that this person, married or unmarried, should be killed because [first hadith quoted above and its narrators and works recording it]
The Third saying is that the person should be punished with Tazir, as is the opinion of Abu Hanifa
الحنابلة - قالوا: جوب عليه الحد, وفي سفة الحد عندهم روايتان, إحداحما كاللواطة وثانيهما انه يعزر, وحو الراجح عندهم, مسل قول الحنفية.
The Hanbalis say that the Hadd is obligatory and there are two opinions about its nature. First, that the Hadd of homosexual sodomy should be enforced on them. The second is that they should be given Tazir punishment. And the opinion that is preferred among them is (the second one) that is similar to the view of the Hanafis.
Tafsir Qurtubi on 7:80:
آلة : فن أتى بهيمة قد قيل : لا يقتل هو ولا البهيمة
. وقيل : يقتلان ; حكاه بن المنزر عن ابي سلمة بن عبد الرحمن .
And in the chapter of the hadith narrated by Abu Dawud and the Darqatni on the authority of Ibn Abbas, he said, the Messenger of God, may God bless him and grant him peace, said: Whoever falls on a beast, kill it and kill the beast with it. We said to Ibn Abbas: What is the animal? He said: What did he mean by that, except that he hates to eat her meat and he did it with that action. Ibn Al-Manthir said: If one hadith is established, then it must be said, and if it is not established, then God will forgive those who do it often, and if the judgment of the ruler is good. Allah knows best.
وقد قيل : إن قطل البحيمة لعلا تقلي خلقا مشوها ; فيكون قلمها سلمها ليزو من السنة ما جاء من السنة.
Allah knows best.
وقد روى ابو داود عن بن عباس said: ليس على الذهي زنى بالبحيمة حد.
Abu Dawud said: And then he gave. وقل الحكم : أرى أن يجلد ولا بيعن به الحد . Al-Hasan said: He is like Al-Zani. وقل الزهري: يجلد مائة احصن و لم يحصن.
واقل ماليك والثوري واحمد وصحاب الراي يعزر . وروي عن عطا والنخعي والحكم . واختلفت الروافع عن الشافعي, ووتو اشبه على المدهبه في هذا الباب. And Jaber bin Zayd said: يقام عليه الحد, إلا أن تكون البهيمة له
If someone came to an animal, then about it it has been said that neither the man would be killed nor the animal.
And there is also a saying that: both shall be killed. This has been narrated by Ibn Mundhir from Abu Salmah bin Abdur Rehman. And on this topic is also another hadith which Abu Daud has narrated from Ibn Abbas "the one lays with an animal, then kill him and also kill the animal" ... Ibn Mundhir said: If this Hadith is proven then acting according to it is obligatory, and if not then the person should repent in front of Allah and the Ruler should enforce Tazir on him. And Allah knows best.
And it has been said that the command to kill the animal is so that no abomination should be born of it ... Abu Daud narrated from Ibn Abbas that a person who copulates with an animal, Hadd will not be enforced on him. Abu Daud said: Ata said the same. And Hakam said: My opinion is that he should be whipped with lashes but they should not reach the number as in a Hadd. And Hassan said: He is similar to the case of a Zani (adulterer\fornicator). And Zuhri said: He should be whipped with 100 lashes, be he married or unmarried.
Malik, Thawri, Ahmad and the Ashab al-Ra'y (Hanafis) had the opinion: He should be given a Tazir. This is narrated from Ata, Nakha'i and Hakam. From Shafi'i one narration is different from this, and that is closer to his madhab...
Tafsir Jassas on Surah Nur:
The one who comes to the animal The one who comes to the animal said Abu Hanifa, Abu Yusuf, Wazfar, Muhammad, Malik, and Uthman al-Batti: "There is no limit to him.
وروي مشله عن بن عمر. وقل الاوزاعي: "عليه الحد" عبو بكر said: صلى الله عليه وسلم: لا يدم عمرئ عليه وسلم: لا يدم عمرئ مسلم على بيحدى آلى إثسان وكفر عدد يمان وكتول نفس بير نفس ينفي كلمة فعال التولون; إذ ليس تولو بزنا في للغة, ولا حسائل إفتحة على من ترقيق التوقيف و عرض المزيد, ولا معدون في ساقلتنا, ولا حسائل إفتحه من ترقيق المقاعيس.
it was narrated by ʿAmr ibn Abi ʿAmr on the authority of Ikrmah on the authority of Ibn Abbas who said: The Messenger of God, may God bless him and grant him peace, said: Whoever finds it on an animal, kill it and kill the animal, and ʿUmr is weak and does not prove its proof. However, it was narrated by Shaaba, Sufyan, and Abu Awana on the authority of Asim on the authority of Abu Razin on the authority of Ibn Abbas, and he came to the animal: "There is no limit to him," as well as on the authority of Isra'il, Abu Bakr bin Ayyash, and Abu Al-Ahwas and all of them on the authority of Asim on the authority of Abu Razin on the authority of Ibn Abbas, for example.
A man who has intercourse with an animal:
Imam Abu Hanifa, Imam Abu Yusuf, Imam Muhammad, Imam Malik and Uthman's saying is that such a person would be given Tazir punishment and a Hadd will not be enforced. The same is narrated from Ibn Umar. Awzai's saying is that the Hadd will be enforced on him.
Abu Bakr Jasas says that the Prophet's saying:
The blood of a Muslim ... cannot be shed except in three cases:
i) In Qisas (retaliation) for murder, ii) a married person who commits illegal sexual intercourse and iii) the one who reverts from Islam (apostate) and leaves the Muslims
negates the action of killing a person for this deed, because according to a dictionary this action is not called Zina, nor is it valid to make analogy of it with it.
[narration chain] narrated from Ibn Abbas that the Prophet said: "Whoever copulates with an animal, kill him and kill the animal."
The narrator of this tradition, 'Amr b. Abi 'Amr is weak and no evidence can be based on his narration.
With this, there is also the narration:
[narration chain]
"There is no Hadd for one who has sexual intercourse with an animal."
If the first narration is correct then Ibn Abbas would not have narrated against it.
However, even if it is proven that the (first) narration is correct we would interpret that it applies when a person does it while considering his action to be lawful (i.e. is an apostate)and it is also not valid to make an analogy with it.
[chain of narration] narrated from Ibn Abbas that the Prophet (peace and blessings of Allaah be upon him) said: "Whoever has sexual intercourse with an animal, kill him and kill the animal."
The narrator of this hadeeth, 'Amr b. Abi 'Amr, is weak and there is no evidence to support his narration.
With this, there is also a narration:
[chain of narration]
"There is no Hadd for someone who has sexual intercourse with an animal."
If the first narration is correct then Ibn Abbas would not have narrated against it.
However, even if it is proven that the (first) narration is correct, we would interpret that it applies when a person does it while considering his action to be lawful (i.e. is an apostate).
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