AL-LIWAAT (SODOMY) - PART 5

PUNISHMENT OF SODOMY BY THE ISLAMIC COURT:

Since sodomy is a greater sin than adultery and its evils are worse, the punishment of sodomy, in accordance with the Islamic Sharia’h is also more severe. Islam prescribes capital punishment for the active as well as the passive partner in the crime. If both are adults and sane, both of them have to be killed. The active partner has to be beheaded with the sword or killed by stonning or burnt alive or thrown from a height with the hands and the legs tied. It is at the descretion of the Islamic Qadhi (Judge) to determine the method. Similarly, the method adopted for the death of the passive partner is also determined by the Qadhi. According to Ameerul-Mu’mineen (as), a person who has committed this sin must also be burnt after being killed.

Sodomy is proved in one of the following two ways:

1.    Both the participants or one of them confesses four times before an Islamic Qadhi (Judge).

        If the guilty confesses less than four times, the legal penalty

        cannot be issued. The guilty is just warned and rebuked so

        that he does not repeat the act.

        The accused must be adult, sane, free and independent.

         If a minor confesses four times, he can only be reprimanded  

         for the act so that he does not repeat it. The same applies for

         a slave and an insane person.

         If someone is forced into such an act and is unable to avoid it

         there is no penalty for him.

2. Four Just witnesses see it being committed with their own eyes and testify in consonance.

If the witnesses are less than four, the testimony is not accepted.

If the witnesses are less than four, they should not testify otherwise they shall become liable for the penalty of Qazaf.

If the guilty repents before the four witnesses testify, the penalty is not imposed and he is not killed.

The testimony of the witnesses should be with regard to the penetration of the anus with the penis, only then the capital punishment is carried out. Otherwise, the punishment is a hundred lashes for them.

Ayatullah Abdulhussain Dasti Ghayb (ra) writes in Gunahaane kabeera that:
 

The aim of Islam in designing these laws is not merely to punish the offenders but to reform society. Islam aims at creating a sound environment for us where we can get the best of the world and the hereafter. A person who is guilty, he confesses and undergoes the penalty for it in this world, will have atoned for his sins and will not be subjected to the torture of the hereafter. Even so, it is better is he refrains from revealing his secrets and submits his case only before the Almighty. He should repent, weep and beg for forgiveness. Inshallah, Allah will forgive him. However, a person should not be complacent after seeking forgiveness. While he is hopeful of Allah’s Mercy, he should be dreadful of His retribution and must continue to implore Allah to forgive him.

Furtheron, the Late Ayatullah adds:

All the revealed religions are unanimous that Sodomy must be dealt with strictly. Not only is the human race inflicted with spiritual degradation and physical illness and disabilities, it also runs the risk of extinction. The boy who is sexually assaulted, loses his manliness. Sodomy takes the society to the depths of depravity. It is therefore incumbent on men and women to marry and satisfy their sexual urge in a healthy manner, the way the Nature has designed. This will ensure the continuity and well-being of the human race.

To be continued……………

Mulla Mujaheedali Sheriff

mulla@almahdi.org.uk