Over the past years ISIS have sentenced dozens of Homosexuals to death [1], the Taliban topples walls on gays [2] and 16 countries execute homosexuals, All of them are muslim countries [3,4,5]. Why is this the case? Well to answer this question we need to look at Islam’s top sources on the issue: the Quran, tafsirs, the Hadiths, the opinions of Mohammad’s successors and the 4 schools of Sunni jurisprudence.
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The Quran
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The story of Lot from the Bible [6], is found in the Quran with a few differences. The Quranic rendition links the destruction of Sodom specifically to the homosexual activities of its inhabitants.
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Quran 7:80-84:
We also (sent) Lut: He said to his people: “Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practise your lusts on men in preference to women : ye are indeed a people transgressing beyond bounds. And his people gave no answer but this: they said, “Drive them out of your city: these are indeed men who want to be clean and pure!” But we saved him and his family, except his wife: she was of those who legged behind. And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime! [7]
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Quran 26:165-173:
“Of all the creatures in the world, will ye approach males, And leave those whom Allah has created for you to be your mates? Nay, ye are a people transgressing (all limits)!” They said: “If thou desist not, O Lut! thou wilt assuredly be cast out!” He said: “I do detest your doings. O my Lord! deliver me and my family from such things as they do!” So We delivered him and his family,- all Except an old woman who lingered behind. Then afterward We destroyed the others. We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)! [8]
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Quran 27:54-58:
(We also sent) Lut (as a messenger): behold, He said to his people, “Do ye do what is shameful though ye see (its iniquity)? Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant! But his people gave no other answer but this: they said, “Drive out the followers of Lut from your city: these are indeed men who want to be clean and pure!” Then We saved him and his household save his wife; We destined her to be of those who stayed behind. And We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)! [9]
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Quran 29:28-31:
And (remember) Lut: behold, he said to his people: “Ye do commit lewdness, such as no people in Creation (ever) committed before you. “Do ye indeed approach men, and cut off the highway?- and practise wickedness (even) in your councils?” But his people gave no answer but this: they said: “Bring us the Wrath of Allah if thou tellest truth.” He said: “O my Lord! help Thou me against people who do mischief!” When Our Messengers came to Abraham with the good news, they said: “We are indeed going to destroy the people of this township: for truly they are (addicted to) crime.” [10]
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The story is an incredibly odd one to say the least. First of all, it is impossible for a city to have a 100% homosexual population [11]. It is also hugely unlikely that the city was the first to experience homosexuality because depictions of Homosexuality go back to 9600BC [12]. But regardless, the story amounts to this: homosexuality is a sin, evil and a crime according to God.
For those who are not convinced that this is referring to homosexuals, let us look at Islam’s most famous commentators, Ibn Kathir, The two Jalals, Razi, Quartubi and Tabari as well as ibn Hazm, Tanwir Al-Miqbas and Allamah Shinqiti ccommenting on 7:80-81:
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Tafsir Ibn kathir:
They did things that none of the children of Adam or any other creatures ever did before them. They used to have sexual intercourse with males instead of females. This evil practice was not known among the Children of Adam before, nor did it even cross their minds, so they were unfamiliar with it before the people of Sodom invented it, may Allah’s curse be on them. [13]
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Tafsir Jalalayn:
Do you commit abomination that is penetrating the rears of men such as no one in all the worlds ever committed before you humans or jinn? [14]
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Tafsir Ibn Abbas:
(And Lot!) and We sent Lot to his people. (When he said unto his folk: Will ye commit abomination) i.e. sodomy (such as no creature ever did) this act (before you?) [15]
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Tafsir Tabari:
The immorality that they used to commit for which Allah punished them was having sex with men. [And regarding Allah’s statement] “as no one has preceded you with from among the worlds?” He (Allah) is saying: No one among the worlds preceded you in committing this immorality. [16]
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Ibn Hazm:
As for conduct like that of the people of Lut, that is horrible and disgusting. Allah says, “Do you commit such immorality as no one has preceded you with from among the worlds?” [17]
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Tafsir Quartubi:
Allah’s statement: ‘Do you commit such immorality’ means having sex with men, Allah called it an immorality to make it clear that it was adultery [zina] like in the following verse: “And do not approach unlawful sexual intercourse [zina]. Indeed, it is ever an immorality and is evil as a way.” [17:32] and the scholars differed on what is the [punishment] for the one who commits such an act after their consensus on it [homosexuality] being unlawful. [18]
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Tafsir Razi:
And the answer is: We see numerous people deeming this action as filthy, so if it is known that [this action] is despised by many then it is possible that a long time of period passed such that no one from the previous times committed this act. And there is another possibility as well: Perhaps they (the nation of Lut) committed this action altogether and this practice [homosexuality] was not practiced on such an all-encompassing scale in the previous times. [19]
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Tafsir Allamah Shinqiti:
Allah has made clear that the meaning of this immorality is homosexuality with His statement after [this verse]: “Do you approach men with desire, instead of women.” and He has also made it clear with His statement: “Do you approach males among the worlds” [26:165] and His statement: “and commit in your meetings evil.” [29:29] [20]
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So we see that when it comes to the Quranic narrative concerning Sodom and Gomorrah, all of these classical jurists are unanimously agreed that the sin of this nation was homosexuality. Such a consistent and uniform interpretation of the verses by these scholars clearly indicate that there is no disagreement on the matter. The fact that these multiple sources confirm that this has always been the view leaves absolutely no doubt homosexuality is a major sin according to Islam.
Homosexuality is also mentioned in another verse of the Quran:
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Quran 4:16:
And the two who commit it among you, dishonor them both. But if they repent and correct themselves, leave them alone. Indeed, Allah is ever Accepting of repentance and Merciful. [21]
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However commentators differed greatly on this verse coming up with 3 different interpretations. [22]
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The first opinion is that the verse is addressing the relationship between chaste men and chaste women. Tabari in his tafsir said that had the verse been addressing men only, it would have used the word al-lathīna (Arabic: الذين) to address men at large (more than one), or al-lathī (Arabic: الذي) to address a single man and employ the rule of extrapolation of a general one-to-many. This was also the opinion of: ‘Abdallah ibn Wahb ibn Muslim, Ahmad ibn al-Mufaddal al-Khoza’i, ‘Atta’ ibn Abu Rabah, Isma’il ibn ‘Abdur-Rahman al-Suddi, Muhammad ibn al-Hussain ibn ‘Ali, and Usama ibn Zaid al-Laithi among others.
The second opinion is that it is referring to hetrosexual relationships between men and women with no condition of chastity. Those who said that are: al-Hasan al-Basri, Abu Hisham al-Rifa’i (however he believes the third opinion is possible), Muhammad ibn Hummayyid, Yahya ibn Wadih al-Marwazi, and Yazid ibn Abi Sa’id al-Nahwi among others.
The third opinion is that it is referring to homosexual relationships [23]. The logic behind this interpretation is that the Arabic for “and the two persons” (اللذان) is a masculine plural of two males only. الذين is a plural of three or more males, or a mix of males and females that are more than three. Throughout the Quran, الذين Was used Hundreds of times. It means “those who”. For example, “those who believe and do righteous good deeds…”. But in Verse 4:16, it didn’t use الذين , which would’ve included males and females. He instead here used اللذان TWO MALES or TWO MEN. This opinion was said by: Abu Hisham al-Rifa’i, ‘Abdullah ibn Abu Najeeh, ‘Abdul-Malik ibn ‘Abdul-‘Aziz ibn Juraij, Yahya ibn Ayuub al-Masri, Mujahid Ibn Jabr [24], Qadi Thanaullah Panipati [25], Abu Muslim Isfahani [26] and Sayyid Qutb [27] Among others.
In conclusion: 4:16, the only reference that seems to come close to dealing with the sin of Sodomy, is so ambiguous that Muslim scholars cannot reach an agreement on its meaning. This puts a dent in the argument that the Quran is clear and easy to understand.
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The Sunni Hadiths:
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The Hadiths paint a much clearer picture on the issue of homosexuality in Islam. It shows that Mohammad (the final Prophet of Islam) was strongly anti-homosexuality, even going as far as cursing the appearance of Homosexuality.
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Sahih-Bukhari 5886:
Narrated Ibn `Abbas: The Prophet (ﷺ) cursed effeminate men (those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, “Turn them out of your houses.” The Prophet (ﷺ) turned out such-and-such man, and `Umar turned out such-and-such woman. [28]
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This is the first indication of Mohammad’s intolerance of homosexuality, yet he does not actually specify homosexuality in his narrations. In other narrations however, he names homosexuality/Sodomy directly as a sin.
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Mustadrak 8052:
It was narrated that Ibn ‘Abbas said: The Prophet said:”….. Cursed be the one who does the deed of the people of Loot (three times) [29]
Hadith Grade:
(Hasan) according to Darussalam
(Sahih) according to Albani
(Sahih) according to Shu’ayb Arna’oot
(Sahih) according to Ahmad Shakir
(Sahih) according to Dhahabi
(Sahih) According to al-Hakim [30]
(Sahih) according to Ibn Hibban [31]
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Jamat al-Tirmhidi 1457:
It was narrated by Jabir: “The Prophet said: ‘There is nothing I fear for my ummah more than the deed of the people of Lut.'” [32]
Hadith grade:
(Hasan Gharib) according to Tirmidhi
(Sahih) according to Albani
(Daif) according to Darussalam
(Daif) according to Shu’ayb Arna’oot
(Sahih) according to Dhahabi
(Sahih) according to Hakim.
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Jamat al-Tirmhidi 1165:
Ibn Abbas narrated that The Messenger of Allah said: “Allah will not look at a man who enters a man or a woman in the behind.” [33]
Hadith Grade:
(Hasan) according to Darussalam
(Sahih) according to Tirmhidi
(Sahih) according to Albani
(Sahih) according to Shu’ayb Arna’oot
(Sahih) According to Ibn Daqeeq al-‘Eid
(Hasan) According to Allamah Awwamah [34]
(Sahih) according to Ibn Hibban
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Shuab Ul Iman 4976:
The Messenger of Allah (ﷺ) said “Four people entail Allah’s wrath in night and day. ” It was asked, “Who are they, Messenger of Allah?” He answered, “Effeminate men and masculine women, the adulterer of animals and sodomizers.” [35]
Hadith Grade:
(Daif) According to Al-albani
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These narrations enforce social ostracisation in muslim lands and very clearly create a negative perception of Homosexuals in muslims and muslim communities in the west. The next Hadiths essentially criminalises same sexual contact, which shouldn’t be surprising considering that Mohammad cursed them.
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Sahih-Muslim 338a:
‘Abd al-Rahman, the son of Abu Sa’id al-Khudri, reported from his father: The Messenger of Allah (ﷺ) said: A man should not see the private parts of another man, and a woman should not see the private parts of another woman, and a man should not lie with another man under one covering, and a woman should not lie with another woman under one covering. [36]
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Musnad Ahmad 2773:
No man should have skin-to-skin contact with another man, and neither should a woman have skin-to-skin contact with another woman.” [37]
Hadith Grade:
(Sahih) According to Darusallam
(Sahih) according to Shu’ayb Arn’aut [38]
(Sahih) according to Hakim [38]
(Sahih) according to Dhadabi [38]
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What Mohammad says next is where things go to the next level. He actually prescribes a punishment for same sex acts among men.
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Jamat al-Tirmhidi 1456:
Narrated Ibn ‘Abbas: That the Messenger of Allah (ﷺ) said: “Whomever you find doing the actions of the people of Lut then kill the one doing it, and the one it is done to.” [39]
Hadith grade:
(Hasan) according to Darussalam
(Hasan Sahih) according to Al-Albani
(Daif) according to Shu’ayb Arna’oot
(Sahih) according to Ahmad Shakir
(Sahih) according to Dhahabi
(Sahih) according to al-Hakim
(Sahih) according to Ibn Hibban
(Sahih) according to Ibn Qayyim
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Sunan Ibn Majah 2562:
It was narrated from Abu Hurairah that the Prophet (ﷺ) said concerning those who do the action of the people of Lut: “Stone the upper and the lower, stone them both.” [40]
Hadith Grade:
(Daif) according to Tirmidhi
(Hasan) according to Darussalam
(Hasan) according to Albani
(Daif) according to Shu’ayb Arna’oot
(Sahih) according to Al-Hakim
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Sunan Abu Dawud 4463:
Narrated Abdullah ibn Abbas: If a man who is not married is seized committing sodomy, he will be stoned to death. [41]
Hadith Grade:
(Hasan) According to Darusallam
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Another Hadith says that homosexuals are guilty of Zina (illegal sexual intercourse):
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Al Kubra al Bayhaqi 16514:
The Prophet (ﷺ) said: If a man has sexual relations with another man, then they are both guilty of zina. If a woman has sexual relations with another woman, then they are both guilty of zina. [42]
Hadith Grade:
(Daif) According to Al-albani
(Munkar) according to Bayhaqi [43]
sexus
There are also multiple hadiths relating to homosexuality and the end times:
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Shub ul Iman 5086:
Narrated Anas Bin Malik that the Messenger of Allah (ﷺ) said “If my ummah accepts five things then it will face destruction. Habitual cursing of one another. Drinking wine, wearing silk, patronising female singers and men contenting themselves with men and women with women. [44]
Hadith Grade:
(Qawi). According to Al Bayhaqi.
(Hasan) According to Al-albani
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Al Mu’jam Al Kabeer 10556:
The Prophet said: Oh Ibn Masood! from the signs of the hour is that men will be satisfied with men and women with women. [45]
Hadith Grade:
(Daif) According to Majma az Zawaid
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Al Jalees As Salih 388:
Ibn`Abbas (RA) narrated that the Messenger of Allah said ” From the portents of the hour is that……………. the men will be satisfied with men and women will be satisfied with women and (men) will have protective jealousy for the boys (or men) just like one has for the virgin girl……….. and men will marry boys just like (how one used) to marry women and prepare themselves (for their homosexual partners) just like how the women dress (prepare) themselves. [46]
Hadith Grade:
(Munkar) according to Munajjid
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So as we can see from these narrations homosexuality is considered to be an abomination. Mohammad banned two men lying in bed together, cursed homosexuals, said that the legalisation of the practice will bring the muslims to destruction and said sodomites are to be killed by Stoning. However it doesn’t end at that. Mohammad’s successors and companions had different methods on how to carry out the act.
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Abu Bakr, Ali and Khalid Walid:
It is narrated from Khalid ibn al-Waleed that he found a man among one of the Arab tribes with whom men would have intercourse as with a woman. He wrote to Abu Bakr al-Sadiq (may Allah be pleased with him) and Abu Bakr al-Sadiq consulted the Sahabah (may Allah be pleased with them). ‘Ali ibn Abi Talib had the strongest opinion of all of them, and he said: “No one did that but one of the nations, and you know what Allah did to them. I think that he should be burned with fire.” So Abu Bakr wrote to Khalid and he had him burned.” [47]
Hadith Grade:
(Mursal) according to Bayhaqi
(Daif Jiddan) according to Ibn Hajar
(Mursal) according to As-Shawkani
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Abu Bakr was Mohammad’s immediately successor, and Ali was Mohammad’s son in law and the eventual leader of the muslims.
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Mishkat al-Masabih vol. 1, p. 765:
On the authority of Ibn Abbas it says that Ali had two people burned and that Abu Bakr had a wall thrown down on them.
Hadith Grade:
(Unknown)
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Ibn Abbas:
“The highest point in the town should be found and the homosexual should be thrown head first from it, then stones should be thrown at him. ” [47]
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Ibn Abbas was one of Muhammad’s cousins and one of the most prominent Quranic scholars of all time. Mohammad even prayed to Allah for him to have complete understanding of the Quran [48].
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Punishment for homosexuality in the schools of Jurisprudence in summary
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For those of you who don’t know, Schools of Islamic law (madhahib) are the paths people follow to the Quran and Prophet Muhammad. Essentially these schools interpret what the Sharia law is. Today, the 4 sunni schools of Islamic thought accepted by all Muslims are the Hanafi, comprising 31% of the Muslims; the Maliki, comprising 25% of the Muslims; the Shafi΄i, comprising 16% of the Muslims; and the Hanbali, comprising 4% of the Muslims. [49]
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Ibn Qayyim and Ibn Taymiyyah discussed this issue in al-Jawab al-Kafi and al-Siyaasah al-Shar’iyyah respectively, and mentioned the evidence and arguments of the 4 schools of Jurisprudence and the caliphs after mohammad. (Note: Malik is the head of the Maliki school, Ahmad is the head of Hanbali, Shafi is head of the Shafi and Abu Hanifa is head of the Hanafi school. I will quote their summaries of the issue and then I will quote the opinions of the 4 schools in detail.
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Ibn Qayyim:
Because the evil consequences of homosexuality are among the worst of evil consequences, so its punishment is one of the most severe of punishments in this world and in the Hereafter.
The scholars differed as to whether it is to be punished more severely than zina, or whether the punishment for zina should be more severe, or whether the punishments should be the same. There are three points of view:
Abu Bakr al-Sadiq, Ali ibn Abi Talib, Khalid ibn al-Waleed, ‘Abd-Allah ibn al-Zubayr, ‘Abd-Allah ibn ‘Abbas, Malik, Ishaq ibn Raahawayh, Imam Ahmad according to the more sound of the two reports from him and al-Shafi’i according to one of his opinions, were of the view that the punishment for homosexuality should be more severe than the punishment for zina, and the punishment is execution in all cases, whether the person is married or not.
Al-Shafi’i, according to the well-known view of his school, and Imam Ahmad according to the other report narrated from him, were of the view that the punishment for the homosexual should be the same as the punishment for the adulterer.
Imam Abu Hanifa was of the view that the punishment for the homosexual should be less severe than the punishment for the adulterer, and it is a punishment to be determined by the judge.
Those who favoured the first view, who are the majority of the ummah – and more than one scholar narrated that there was consensus among the Sahabah on this point – said that there is no sin that brings worse consequences than homosexuality, and they are second only to the evil consequences of kufr, and they may be worse than the consequences of murder, as we shall see below inshaAllah.
They said: Allah did not test anyone with this major sin before the people of Lut, and He punished them with a punishment that He did not send upon any other nation; He combined all kinds of punishment for them, such as destruction, turning their houses upside down, causing them to be swallowed up by the earth, sending stones down upon them from the sky, taking away their sight, punishing them and making their punishment ongoing, and wreaking vengeance upon them such as was not wrought upon any other nation. That was because of the greatness of the evil consequences of this crime which the earth can hardly bear if it is committed upon it, and the angels flee to the farthest reaches of heaven and earth if they witness it, lest the punishment be sent upon those who do it and they be stricken along with them. The earth cries out to its Lord, may He be blessed and exalted, and the mountains almost shift from their places.
Killing the one to whom it is done is better for him than committing this act with him, because if a man commits sodomy with another man, in effect he kills him in such a way that there is no hope of life after that, unlike murder where the victim is wronged and is a martyr. They said: the evidence for that (i.e., that the evil consequences of homosexuality are worse than those of murder) is the fact that in the case of murder, Allah gives the next of kin the choice: if he wishes he may have him executed and if he wishes he may let him off, but He enjoined executing the homosexual as a hadd punishment, as the companions of the Messenger of Allah were unanimously agreed, and as is clearly indicated by the Sunnah of the Messenger of Allah (peace and blessings of Allah be upon him) and there is no evidence to the contrary; rather this is what his companions and the Rightly-Guided Caliphs (may Allah be pleased with them all) did.
It is narrated from Khalid ibn al-Waleed that he found a man among one of the Arab tribes with whom men would have intercourse as with a woman. He wrote to Abu Bakr al-Sadiq (may Allaah be pleased with him) and Abu Bakr al-Sadiq consulted the Sahabah (may Allah be pleased with them). ‘Ali ibn Abi Talib had the strongest opinion of all of them, and he said: “No one did that but one of the nations, and you know what Allah did to them. I think that he should be burned with fire.” So Abu Bakr wrote to Khalid and he had him burned.
‘Abd-Allah ibn ‘Abbas said: The highest point in the town should be found and the homosexual should be thrown head first from it, then stones should be thrown at him.
Ibn ‘Abbas derived this hadd punishment from the punishment that Allah sent upon the homosexuals of the people of Lut.
Ibn ‘Abbas is the one who narrated from the Prophet (peace and blessings of Allah be upon him) the words: “Whoever you find doing the action of the people of Lut, execute the one who does it and the one to whom it is done.” This was narrated by the authors of al-Sunan and was classed as sahhi by Ibn Hibban and others. Imam Ahmad quoted this hadith as evidence, and its isnad meets the conditions of al-Bukhari.
They said: and it is narrated that he said: “May Allah curse the one who does the action of the people of lut, may Allah curse the one who does the action of the people of Lut, may Allah curse the one who does the action of the people of Lut,” and it is not narrated that he cursed the adulterer three times in one hadith. He cursed those who do a variety of major sins, but he did not curse any of them more than once, but he repeated the curse for the homosexual three times. The companions of the Messenger of Allah (peace and blessings of Allah be upon him) agreed unanimously that the homosexual is to be executed, and none of them differed concerning that. Rather they differed as to the method of execution. Some people thought that this difference means that they disagreed about executing him, so they narrated it as a matter concerning which the Sahabah differed, but it is a matter concerning which there was consensus among them, not a matter of difference.
And they said: Whoever ponders the words of Allah (interpretation of the meaning):
“And come not near to unlawful sex. Verily, it is a Faahishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to hell unless Allah Forgives him)” [al-Isra’ 17:32]
and what He says about homosexuality (interpretation of the meaning):
“And (remember) Loot (Lot), when he said to his people: Do you commit the worst sin such as none preceding you has committed in the ‘Aalameen (mankind and jinn)?” [al-A’raaf 7:80]
will see the difference between them. When Allah mentioned zina, He described it as a “great sin” (faahishah – indefinite) among other great sins, but when He mentioned homosexuality, He called it “the worst sin” (al-faahishah – definite). This suggests that it contains all the essence of evil and sin. [50]
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Ibn Taymiyyah:
With regard to homosexuality, some of the scholars said that the hadd punishment for it is the same as the hadd punishment for zina, and it was said that it is less than that. But the correct view on which the Sahabah were unanimously agreed is that both are to be killed, the active and the passive partners, whether they are married or not. The authors of al-Sunan narrated from Ibn ‘Abbas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Whoever you find doing the action of the people of Lut, execute the one who does it and the one to whom it is done.” And Abu Dawud narrated from Ibn ‘Abbas concerning the unmarried person who commits a homosexual act that he said: He is to be stoned. And something similar was narrated from ‘Ali ibn Abi Talib (may Allah be pleased with him). The Sahabah did not differ concerning the ruling that the homosexual is to be executed, but they differed concerning the methods. It was narrated from Abu Bakr al-Sadiq (may Allah be pleased with him) that he is to be burned, and from others that he is to be executed.
It was narrated from some of them that a wall is to be knocked down on top of him until he dies beneath it.
And it is said that both should be detained in the foulest of places until they die.
It was narrated from some of them that he should be taken up to the highest place in the town and thrown down from it, to be followed with stones, as Allah did to the people of Lut. This was narrated from Ibn ‘Abbas. According to the other report, he is to be stoned. This was the view of the majority of the salaf. They said: because Allah stoned the people of Lut, and stoning is prescribed for the zaani by analogy with the stoning of the homosexual. Both are to be stoned, whether they are free or slaves, or one of them is the slave of the other, if they have reached the age of puberty. If one of them has not reached the age of puberty, he is to be punished but not stoned, and none is to be stoned except one who has reached puberty. [51]
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So from this we can determine that scholars did have some disagreement on the punishment for homosexuality. However the majority opinion of mohammads companions and the schools of Jurisprudence was execution whether married or not. The opinion of the Shafi (punishment of adulterers) means those who are married are stoned and those who are not are lashed 100 times.
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Punishment for homosexuality in the Schools of Jurisprudence in detail:
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Whilst the scholarly writings i cited by Ibn Taymiyyah and Ibn Qayyim (particularly the one of Ibn Qayyim) are about sufficient in conveying the opinions of the schools of Jurisprudence, I feel it would be best for the reader if I cited the Tomes and quotes of the leaders and major scholars of the 4 schools of Jurisprudence. I will also quote the opinion of the Zahiri School of Jurisprudence.
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The Hanafi school:
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The first school of Jurisprudence, and possibly one of the most divided is the Hanafi school. Multiple Hanafi tomes detail how Abu Hanifa supported the punishment of Ta’zeer, while his two students named Abu Yusuf and Muhammad Shaibani supported the death penalty by stoning for the married homosexual, and 100 lashes for the unmarried homosexual.
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Mukhtasar Quduri:
The one who commits homosexual sodomy should be applied ”Ta’zeer” according to Abu Hanifa. According to Abu Yusuf and Muhammad, the two dissenting students of Abu Hanifa, he gets ”Hadd”. [52]
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Mukhtasar Tawahi:
‘Abu Hanifa said; ”Ta’zeer” and jail. Abu Yusuf and Muhammad said; He gets the same punishment as an adulterer. [52]
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Now the opinion of Abu Yusuf and Muhammad Shaibani is pretty clear in what the exact punishment is. However the opinion of Abu Hanifa is less clear as “Ta’zeer” is not a specific punishment. So here I will quote Hanafi books which give the maximum Ta’zeer punishment:
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At-Tahawi:
Maximum limit of ta’zeer accordingly to Abu Hanifa and Muhammad is less than 40 lashes. Accordingly to Abu Yusuf first it was 79 lashes and then he said; the Governor will decide what ever he wants with no limit’. [52]
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Mukhtasar Al-Wiqaya:
Maximum ta’zeer is 39 lashes, minimum is 3, it is permissible to lash and jail. [52]
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Lastly, there were other scholars in the Hanafi school who differed on what the Ta’zeer should be. However these opinions are contrary to the main policy of the school:
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Hawi Qudsi by Ghaznawi:
Some scholars described different types of Ta’zeer for the homosexual. Some said; Has to be thrown from the highest place. Some said; Has to be jailed in the most smelly place. And they suggested many other types of punishments besides chopping off the genital and castration. But the most correct opinion on the ta’dheer is lashes’! [52]
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The Maliki school:
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For the Maliki school, I shall quote a book called Ar-Risala by Ibn Abi Zayd al-Qayrawani who was the leader of the Maliki school in Tunisia, as well as an exchange between the founder of the Maliki school, Malik Ibn Anas, and another scholar relating to Sodomy as well as a commentary by the highly respected Maliki scholar named Walid Al-Bajji.
The exchange in question be can be found in a book by Malik himself called Malik’s Muwatta:
.
Malik’s Muwatta 41:11:
Malik related to me that he asked Ibn Shihab about someone who committed sodomy. Ibn Shihab said, “He is to be stoned, whether or not he is muhsan.” [53]
.
The commentary of Walid Al-Bajji:
The position of shihab regarding the stoning of the people of Lot is the position of Imam Malik and this is the dominant position of the school of Madina. […] The proof on what we say about this issue is what is reminded to us by Ibn Maawaz that Malik said: The messenger of Allah, peace and prayers on him, said: Kill the doer and the one to whom it is done. Malik said: And we have heard from the scholars that both are stoned whether chaste or not. [54]
.
Muhsan is a legal concept describing the personal status of an individual who is free and who either has never committed an act of illicit intercourse or has consummated a lawful marriage to a free partner. In this particular case it means you are stoned regardless of if you are married or not. [55]
And for the further evidence, here is the position of the Maliki school as said in Al-Risala by Qayrawani:
.
Al-Risala by Qayrawani:
37.30 Homosexual sodomy:
When someone commits the action of the people of Nabi Lut (alaihi salam) with a consenting adult male, they are both stoned, muhsan or not. The words are general, including free and slave and unbeliever. The action of the people of Lut was anal intercourse between males, whether the male is a slave or not. He excludes the female from this ruling. A person is not stoned for that, but if she is someone with whom intercourse is lawful for him, he is punished severely. If she is not lawful for him, he receives the hadd for illicit sex. A precondition for stoning the passive partner is that he is adult. That is also a precondition for the doer. If they are not legally responsible, then there is only discipline. [56]
.
The Hanbali school:
.
We have already seen in Jawab Al-Kafi by Hanbalite scholar Ibn Qayyim that Ahmad Hanbal quoted the Hadith about killing homosexuals as evidence, as well as the fact that Ahmad had two opinions on the matter. One saying death in all cases and another saying the punishment of the adulterer. [50]
More detail on these opinions can be found in the book “the great commentary”, a commentary of the book Al-Mughni by highly famous Hanbalite scholar Ibn Qudamah.
.
The great commentary:
There is a difference of opinion about the report on Ahmad, may allah have mercy on him, about the punishment. It is reported from him that the punishment is stoning whether they are chaste or Unchaste. […] The second opinion is that they are given the punishment of Zina. […] Ahmad uses the proof related from Ali, may Allah be pleased with him, that he had the opinion of stoning them. This is because Allah, the most high, punished the people of Lut by stoning and therefore it should be that the punishment on them is the same. [57]
.
The Shafi school:
.
We have seen already that Shafi had two opinions much like Ahmad Hanbal. One which said to kill in all cases and one where to punish the same as the adulterer. Ultimately, the Shafi school adopted the Adultery punishment. Evidence for this can be found in the Shafi tome called: “Reliance of the traveller”. In the chapter of justice, section 12 it states:
.
Reliance of the traveller:
O12.1: The legal penalty is obligatorily imposed upon anyone who fornicates or commits sodomy when they;
(a) have reached puberty;
(b) are sane;
(c) and commit the act voluntarily;
no matter whether the person is a Muslim, non-Muslim subject of the Islamic state, or someone who has left Islam.
O12.2: If the offender is someone with the capacity to remain chaste, then he or she is stoned to death, someone with the capacity to remain chaste meaning anyone who has had sexual intercourse with their spouse in a valid marriage, and is free, of age, and sane. A person is not considered to have the capacity to remain chaste if he or she has only had intercourse in a marriage that is invalid, or is prepubescent at the time of marital intercourse, or is someone insane at the time of marital intercourse who subsequently regains their sanity prior to committing adultery. If the offender is not someone with the capacity to remain chaste, then the penalty consists of being scourged one hundred stripes and banished to a distance of at least 81 km/50 miles for one year. [58]
.
The Zahari school:
.
Ibn Hazm, the most prominent Zahari scholar ever in his book Al-Muhalla states the opinion of the Zahiri scholars:
.
Al-Muhalla:
All of our scholars said there is no ”Hadd”, but lashing. [52]
.
The number of lashes Ibn Hazm prescribed were 10 as well as jail time. [59]
.
The Shias
.
In a previous article of mine titled “Burning people alive in Shia Islam” I quoted multiple shia narrations that support the death penalty for Sodomy by burning and beheading. I will quote them here again for you:
.
Al-Sahih min Sirah Al-Imam Ali vol. 11, p. 336:
“Chapter: The burning of the one who indulges in “homosexuality”
On the authority of ‘Abdullah Ibn Maymun who reported from Ja’far Al-Sadiq: “Khalid (Ibn Al-Walid) wrote to Abu Bakr: “Peace be upon you. I’ve been informed with clear evidence of a man that has been indulged in sodomy. Abu Bakr consulted the Sahabah who said: “Kill him.” He then consulted the Chief of The Believers ‘Ali ibn Abi Talib who said: “Burn him with fire, for killing alone means nothing to the Arabs.” ‘Uthman said: “What do you say [O Abu Bakr]?” He said: “I will go with what Ali has said, burn him with fire.” So he wrote back to Khalid ordering him to burn the homosexual with fire.” [60]
Hadith Grade:
(Sahih) according to Amili
.
Another Hadith from Al-Kafi clearly supports the punishment of executing homosexuals.
.
Al-Kafi, vol. 7, p. 201:
One day ‘Ali was sitting with his companions when a man approached and said “O Chief of the Believers, I have committed sodomy with a boy, please purify me (impose legal penalty upon me) ‘Ali told him, “Go home, you may have had some misunderstanding.” The next day the man returned and repeated his confession and requested for penalty. ‘Ali said, “Go home, you may not be in your sense right now.” He went away only to return the third time and repeat his confession and again asked for punishment. At last when he came for the fourth time, ‘Ali said, “The Holy Prophet has prescribed Three methods of dealing with the situation, you may choose any one of the three deaths – by having the arms and feet tied and thrown from the cliff, being beheaded or being burnt alive.” He said, “O, ‘Ali which is the worst of these methods?” Imam replied, “burning alive.” “Then I choose this death.” said the man. By permission of ‘Ali, he stood and prayed two rakāt prayer and then said, “O Allah ! A sin was committed by me of which You are well aware. Then I had the fear of this sin, I came to the Successor of your Prophet and requested him to purify me. He gave me a choice of three deaths. I chose the most dreadful death. I pray to you to consider this penalty as the expiation of my sin and do not burn me in the fire of Hell which is ignited by you.” Then he got up weeping and jumped into the pit into which the fire had been lit. He sat in the fire and the fire engulfed him from all the sides. ‘Ali began to weep, upon seeing this condition and the other companions were also in tears. ‘Ali said, “Arise, the one who has caused the angels of the earth and the sky to weep. Allah has certainly accepted your repentance. Get up but never approach the sin that you have committed.” It so happened that the man came out of the fire unscathed. The fire could not burn the one who repented. [61]
Hadith Grade:
(Hasan) according to Majlisi
.
Another Hadith says he beheaded then burnt homosexuals bodies
.
Maladh Al-Akhyar fi Fahm Tahthib Al-Ahkam by Muhammad Baqir Al-Majlisi, vol. 16, page 102-103:
[…] I heard Abu ‘Abdillah (Ja’far Al-Sadiq) saying: “Two sodomites (“homosexuals”) were caught during the reign of ‘Omar (Al-Faruq), one of them fled, the other one was caught and brought to Omar who consulted the people asking them what to do with him (i.e. captured sodomite). A group of people made some suggestions (i.e. as to how he should get executed), then ‘Omar consulted Abu Al-Hassan (‘Ali ibn Abi Talib), who said: “Strike off his neck (behead him)!” ‘Omar then stroke his (i.e. sodomites) neck and was about to carry him (i.e. in order for him to get buried) but ‘Ali said: “Leave it! There is still something left of his punishment.” ‘Omar asked: “And what is left of it?” ‘Ali called for wood (to build a fire) so ‘Omar brought it, then the Chief of the Believer (‘Ali) ordered the burning (of the sodomite’s corpse). [62]
Hadith Grade:
(Sahih) according to Majlisi.
.
So we can see that according to Shia Islam, homosexuals are to be executed according to multiple Sahih narrations. Either by fire, beheading or throwing off a cliff.
.
Shia Sharia
.
The formal punishments for Sodomy in Shia Sharia can be found in 3 places. The first is from the Shia website al-Islam. This website, whilst discussing the “eleventh greater sin” (sodomy) repeats the hadith from Al-Kafi, vol. 7, p. 201 that supports burning homosexuals to death. Just before that, it states the Sharia Penalty. The second is found in Al-Muqni’ by Ibn Babawaih Al-Qummi who was known as “the truthful”. The third is in Tahrir al-Wasilah by Ayatollah Khomeini.
.
Al-Islam:
Since sodomy is a greater crime than adultery and its evils are worse, the punishment for sodomy is also more severe than that of adultery according to the Islamic law. Islam prescribes capital punishment for the active as well as the passive partner in the crime. If both are major and sane, both of them have to be killed. The active partner is beheaded with the sword or killed by stoning or burnt alive or thrown from a height with the hands and the legs tied. These are the ways prescribed for punishing the criminal, but it is at the discretion of the Judge to determine the method. Similarly, the method adopted for the death of the passive partner is also determined by the Qazi. According to Amir ul-Mu’minīn ‘Ali (a.s.), a person who has committed this sin must also be burnt after being killed. [61]
.
Al-Muqni page 430:
Know, that the punishment for the one who sodomises a young male servant is to be burnt with fire or that a wall is to be knocked down on top of him or by the sword, and if he decides to repent, he should do so without informing the Imam of the Muslims, because if he does so he will be doomed (i.e. executed). This is because one of the capital punishments we have mentioned will be applied on him. [63]
.
Tahrir al-Wasilah page 428:
Problem no. 5 – The ruler may choose between the different form of the killing such as beheading with the sword, throwing him off a high place such as a mountain whilst his hands and legs are shackled or burning him with fire or stoning him according to one opinion, or that a wall is to be knocked down on top of him, on the active and passive alike. It is also permissible to reconcile between all these punishments and the burning, as in he gets killed first then gets burnt. [63]
.
In conclusion:
.
To conclude the status of homosexuality in Islam, I shall leave you this quote from Ibn Qayyim:
.
Both of them – fornication and homosexuality – involve immorality that goes against the wisdom of Allaah’s creation and commandment. For homosexuality involves innumerable evil and harms, and the one to whom it is done would be better off being killed than having this done to him, because after that he will become so evil and so corrupt that there can be no hope of his being reformed, and all good is lost for him, and he will no longer feel any shame before Allaah or before His creation. The semen of the one who did that to him will act as a poison on his body and soul. [64]
.
Thanks for reading!
.
[1] https://www.outrightinternational.org/dontturnaway/timeline
[2] http://www.rawa.org/handcut.htm
[3]
Yemen, Iran, Saudi Arabia, ISIS territory, Brunei, Mauritania, Sudan, Somalia, Afghanistan, Pakistan, Qatar, UAE, Nigeria, Iraq
https://ilga.org/downloads/2017/ILGA_State_Sponsored_Homophobia_2017_WEB.pdf
[4] Gaza: https://www.gatestoneinstitute.org/12496/palestinians-gays
[5] The muslim region of Chechnya in Russia: https://www.euronews.com/2019/01/15/russian-lgbt-network-reports-arrests-torture-and-deaths-part-chechnya-gay-purge-accusation
[7] Arabic to English translation of the Quran by Yusuf Ali, verses 7:80-84:
https://quranx.com/7.80-84
See also other translations as well as the Arabic and transliterations on this website:
https://www.islamawakened.com/quran/7/80/
[8] Arabic to English translation of the Quran by Yusuf Ali, verses 26:165-173:
https://quranx.com/26.165-173
See also other translations as well as the Arabic and transliterations on this website:
https://www.islamawakened.com/quran/26/165/
[9] Arabic to English translation of the Quran by Yusuf Ali, verses 27:54-58:
https://quranx.com/27.54-58
See also other translations as well as the Arabic and transliterations on this website:
https://www.islamawakened.com/quran/27/54/
[10] Arabic to English translation of the Quran by Yusuf Ali, verses 29:28-31:
https://quranx.com/29.28-31
See also other translations as well as the Arabic and transliterations on this website:
https://www.islamawakened.com/quran/29/28/
[11] https://www.google.com/amp/s/www.statista.com/chart/amp/6466/europes-lgbt-population-mapped/
[12] Margherita Mussi, Earliest Italy: An Overview of the Italian Paleolithic and Mesolithic (Kluwer Academic, 2002), pp. 340ff., especially pp. 343–344.
[13] https://quranx.com/Tafsir/Kathir/7.80
[17] Tawq al-Hamamah, pg. 76
[20] Adwa al-Bayan, 2/383-385
[21] Arabic to English translation of the Quran by Sahih International, verse 4:16
https://quran.com/4/16
See also other translations as well as the Arabic and transliterations on this website:
https://www.islamawakened.com/quran/4/16/
[22]
This was posted in answer to a question on Islam Stackexchange about the issue of Homosexuality in Quran 4:16. An Arabic Muslim explains the 3 opinions scholars came up with regarding the verse and quoted numerous names of the scholars in Question.
https://islam.stackexchange.com/questions/40359/does-the-arabic-in-quran-416-the-two-who-commit-it-necessarily-refer-t
[23]
The author of the citation above did not give a detailed analysis of the homosexuality argument. Thus, I briefly wrote the argument as explained by Osama Abdullah of Answering-Christianity: https://www.answering-christianity.com/blog/index.php/topic,2518.msg11539.html#msg11539
[24] Mujahid Ibn Jabr was not quoted by the author of citation 22 and I felt there were too few scholars listed, so I added a few more. Mujahid Ibn Jabr said regarding Quran 4:16: “It was revealed about the case of two men who do it.”
https://quranx.com/Tafsir/Kathir/4.16
[25] Qadi Thanaullah Panipati was a Sufi Hanafite and the author of the Tafsir of Mazhari. In this book he stated: “According to my view, this verse refers to those men who commit action of people of Lut. This is also view of Mujahid”.
https://www.scribd.com/document/33955465/Tafsir-Mazhar-Vol-2-Urdu-translation-by-Qadi-Thana-ullah-Pani-Pati
Page 285
[26]
In Tafrim Al-Quran by Al-Maudidi, he cites abu Muslim Isfahani, a prominent figure in the ʿAbbāsid administration, as supporting the idea that 4:15 refers to lesbianism and 4:16 refers to Homosexuality. Maudidi disagrees with his assessment:
http://quranx.com/Tafsir/Maududi/4.15
[27] In a Tafsir titled Fi Dhilal Al Qur’an by Sayyid Qutb, he supports the homosexuality opinion: “It seems clear that the reference in the expression to “the two from among you who are guilty” of gross immoral conduct refers to two homosexual men”
https://www.kalamullah.com/shade-of-the-quran.html
Volume 3 page 58
[28] https://sunnah.com/bukhari/77/103
[29] http://shamela.ws/browse.php/book-2266/page-8912
See also:
Kubra al-nasa’i 7297: http://shamela.ws/browse.php/book-8361/page-10083
Sahih Ibn Hibban 4417: http://shamela.ws/browse.php/book-1729/page-6611
Musnad Ahmad 1875, 2816, 2915, 2916, 2917:
https://archive.org/stream/EnglishTranslationOfMusnadImamAhmedBinHanbalVolume1/EnglishTranslationOfMusnadImamAhmedBinHanbal-Volume3#page/n33/mode/2up
Al Kubra Al-Bayhaqi 17017,17018:
http://shamela.ws/browse.php/book-7861/page-19411
Dhamm al-malahi 156:
http://shamela.ws/browse.php/book-8230/page-166
Abdur Razzaq 13494, 13495:
http://shamela.ws/browse.php/book-13174/page-14640
[30] Al-Hakim was the author of Al-Mustadrak and considered all the Hadith in his book as Sahih. Because the Hadith here was in Al-Mustadrak, it means Hakim considered it Sahih.
https://web.archive.org/web/20100323000342/http://members.cox.net/arshad/hadithcol.html
[31] Ibn Hibban was the author of Sahih Ibn Hibban and he deemed all of his Hadiths as reliable. Because of this, any hadith which is in Sahih Ibn Hibban will class as a Sahih rating from Ibn Hibban
https://aljumuah.com/lesser-known-hadith-compilations-sahih-ibn-khuzaymah-and-sahih-ibn-hibban/
[32] https://archive.org/stream/JamiAtTirmidhiVol.632913956EnglishArabic/Jami%20at-Tirmidhi%20Vol.%203%20-%201205-1896%20English%20Arabic#page/n241/mode/2up
See also:
Ibn Majah 2563:
https://www.sunnah.com/urn/1268800
Musnad Ahmad 15093:
http://shamela.ws/browse.php/book-25794/page-11434
Musannaf Abdur Razaq 13493:
http://shamela.ws/browse.php/book-13174/page-14639
Murtadrak 8057:
http://shamela.ws/browse.php/book-2266/page-8917
[33] https://sunnah.com/tirmidhi/12/20
See also:
Sahih Ibn Hibban 4418:
http://shamela.ws/browse.php/book-1729/page-6614
[34] Musannaf Ibn Abi Shaybah, Hadith #17070, Volume 9, Tahqiq: ‘Awwamah.
[35] http://library.islamweb.net/hadith/display_hbook.php?bk_no=682&pid=335609&hid=4976
[36] https://sunnah.com/muslim/3/90
[38]
Respective hadith grades reported by Askimam: “This hadith has also been narrated by Imam Hakim in his Mustadrak and he has stated that “this hadith meets the conditions set forth by Imam Bukhari” and Imam Dhahabi agreed with this. In addition, the latter-day hadith scholar and expert, Shu’ayb Arn’aut (may Allah have mercy on him) also agrees that this hadith meets the conditions set forth by Imam Bukhari [wa huwa kama qala].”
https://jamiat.org.za/sexual-diversity-in-islam/
[39] https://sunnah.com/tirmidhi/17/40
See also:
Sunan Abu Dawud 4462:
https://sunnah.com/abudawud/40/112
Sunan Ibn Majah 2561:
https://sunnah.com/urn/1268780
Musnad Ahmad 2727, 2732:
https://archive.org/stream/EnglishTranslationOfMusnadImamAhmedBinHanbalVolume1/EnglishTranslationOfMusnadImamAhmedBinHanbal-Volume2#page/n579/mode/2up
Mustadrak 8049:
http://shamela.ws/browse.php/book-2266/page-8909
[40] https://sunnah.com/urn/1268790
See also:
Mustadrak 8048: http://shamela.ws/browse.php/book-2266/page-8908
[42] http://library.islamweb.net/newlibrary/display_book.php?flag=1&bk_no=71&bookhad=16514
See also:
Al-Tabarani 4169:
http://library.islamweb.net/newlibrary/display_book.php?flag=1&bk_no=85&bookhad=4148
Shu’ab Al-Iman 5075:
http://shamela.ws/browse.php/book-10660/page-5534
[43] This is from Nayl al-Awtar (7/287) by As-Shawkani: “Its isnad includes Muhammad ibn ‘Abd al-Rahman whom Abu Hatim described as a liar. Al-Bayhaqi said: I do not know him. So the hadith is munkar with this isnad.”
[44] http://shamela.ws/browse.php/book-10660/page-5544
See also:
Shu’ab Al-Iman 5084-5085:
http://shamela.ws/browse.php/book-10660/page-5543
[45] http://library.islamweb.net/newlibrary/display_book.php?flag=1&bk_no=84&bookhad=10353
See also:
Mu’jam Al-Ausat 4858:
http://library.islamweb.net/newlibrary/display_book.php?flag=1&bk_no=85&bookhad=4836
[46] http://library.islamweb.net/hadith/display_hbook.php?bk_no=568&pid=486238&hid=388
[47] Quoted by Ibn Qayyim in al-Jawab al-Kaafi p. 260-263.
[48] https://www.sunnah.com/urn/1301700
[50] Al-Jawaab al-Kaafi p. 260-263
[51] al-Siyaasah al-Shar’iyyah p.138
[52] All the works cited and many others not mentioned for the sake of brevity are recorded on this Hanafite website: https://sulaimanahmed.com/2017/07/28/islamic-law-homosexuality-and-the-pulse-massacre/
[53] https://quranx.com/Hadith/Malik/USC-MSA/Book-41/Hadith-11
[54] http://www.academia.edu/32440970/Homosexuality_in_Islam.docx
Pages 9-10
[55] http://www.oxfordislamicstudies.com/article/opr/t125/e1587
[57] http://www.academia.edu/32440970/Homosexuality_in_Islam.docx
Pages 11-12
[58] https://www.amazon.com/Reliance-Traveller-Classic-Islamic-Al-Salik/dp/0915957728
Page 610
[60] https://shiascans.com/2017/04/09/ali-advised-abu-bakr-and-khalid-to-kill-homosexuals-with-fire/
[62]
Other sources where this narration is found are: Al-Istibsar by Al-Tusi, vol. 4, p. 219, Kulayni’s Al-Kafi, vol. 7, p. 199 and Tahdhib Al-Ahkam, vol. 10, p. 52 by Tusi
https://shiascans.com/2017/04/08/ali-punished-by-burning/
[64] Ad-Dā’i wa Dawā, p. 115
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