Dedicated to disseminating news & information not found in mainstream media....
By Dr. Antar Ibn-Stanford
Part IV of IV
Fiqh Positions on Homosexuality
Ahkam al-Qur’an by Muhammad ibn Abdullah aka Ibn al-Arabi
The nasty act (الفاحشة) is an unlawful sexual act (الزنا). It is an act of disobedience. The verse indicates that the stoning of the people with stones of died clay was punishment of the nasty act. Scholars differ on what punishment is required for such an act.
Al-Majmu’ Sharh al-Muhadhdhab by an-Nawawi
An-Nawawi writes that sodomy is forbidden because of Q. 7:80-- And (remember) Lot, when he said to his people: "Do you do the nasty act that no one in the world before you has done?” Also, the fact that Allah punished the people of Lot with what He had never punished people before indicates that it is forbidden. The Shafi’I school requires that its punishment is the same as the one for a fornicator. If the fornicator is a non-virgin, he is whipped and banished. If he is a virgin, he is to be stoned because the Prophet (pbuh) said: “When a man has sex with a man, they are fornicating. When a woman has sex with a woman, they are fornicating.” Also, Ibn Abbas (mabp) narrated that the Prophet (pbuh) said: “Whoever is found doing what the people of Lot did, kill the doer and one it is done to.”
Abu Hanifah states that the punishment has not been mentioned in the Qur’an or hadith (التعزير).
Ash-Shafi’I and a group of scholars state that the punishment is the same as the punishment for an unlawful sexual act (الزنا).
Malik and a group of scholars state that the punishment is flogging.
Abu Dawud, at-Tirmidhi, an-Nisa’I and others recorded that the Messenger of Allah (pbuh) said: “Whomever you find doing the thing the people of Lot did, then kill the one doing it and the one it is done to.” Ibn al-Arabi state that the hadith is not accepted as valid by consensus.
Al-Mughni wa Sharh al-Kabir by Ibn Qudama
Ibn Qudama states that the scholars agree that sodomy is forbidden.
Ibn Qudama wrote that Abu recorded that the Messenger of Allah (pbuh) said: “Whomever you find doing the thing the people of Lot did, then kill the one doing it and the one it is done to.” One narration read “stone the upper class and the lower class.” He writes that the companions agreed on killing the sodomite but not on the method. He argues that the one who opposes the prescribed punishment is disregarding the text of hadith and consensus. Performing sodomy on a woman is forbidden but has no prescribed punishment. Two women having sex have no prescribed punishment because there is no penetration. However, there is to be an appropriate punishment. Ibn Qudama points out that there is no difference between people who fornicate through the vagina or the behind. He adds that there is no punishment for a husband to sex with his wife in the behind.
The criteria for accepting or rejecting a passage or verse from books that appear in the different bibles or other religious scriptures are whether the Qur’an supports them. God says in the Qur'an 3:3: "He is the One Who has sent down the Book (the Qur'an) to you (Muhammad) with truth, confirming what came before it. He also sent down the Torah and the Gospel before it, as a guide to mankind. He sent down (each one as) the criterion between right and wrong.” Al-Bukhari (Book of Witnesses, Chapter of Not Asking Polytheists) recorded that Abu Hurayrah said that the Messenger of God said: “Do not verify the truthfulness of the people of the Book, nor deny their truthfulness. On the contrary say: ‘We believe in God and in what He has revealed to us’” (the Qur’an 2:136).
"And this Qur'an is not such that it could be invented by anyone other than God. On the contrary, it is a confirmation of that which was before it and an elaboration of the written regulations—in which there is no doubt—from the Lord of the worlds (the Qur’an 10:37).
The most serious reason for opposing certain sexual behavior is because Allah, the Exalted, opposes it. Those who engage in it and support it are saying they know better than Allah. Any punishment or discrimination for sodomy in contemporary times comes from Allah, the Exalted, via punishments in the hereafter and worldly trials and tribulations.