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The question

What is the ruling of the Sharia on the perpetrator of the crime of sodomy, and is it less than adultery?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The crime of sodomy is one of the most heinous crimes and a deviation from sound human nature. Jurists have different views regarding the prescribed punishment for its perpetrator:

1. That he is like the fornicator, so the married person is stoned and the unmarried person is lashed along with exile. However, the indicating this is weak.

2. This is the preponderant view: that both the perpetrator and the one upon whom it is perpetrated are killed absolutely if the latter was willing. This is based on the saying of the Prophet, peace and blessings be upon him: "Whoever you find doing the act of the people of Lut, kill the perpetrator and the one upon whom it is perpetrated."

3. He is thrown from a high place and pelted with stones. This is narrated from Ibn Abbas, may Allah be pleased with both of them.

4. Discretionary punishment (ta'zir) only. This was the view of Abu Hanifa, Ata', and Qatadah.

The preponderant view is the second one, and its Hadith is authentic and explicit. The crime of sodomy is more serious than adultery.

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Original fatwa ID
30967
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