Tuesday, July 26, 2016
WikiIslam: Islam and Homosexuality
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Islamic Shari'ah law is extracted from both the Qur'an and Muhammad's Sunnah (found in the Hadith and Sira). Islamic jurisprudence are expansion of the laws contained within them by Islamic jurists. Therefore, they are seen as the laws of Allah. You need only look to the rulings under Shari'ah to see the accepted mainstream interpretation of Islam and its commandments to its followers. Homosexuality under this law, is not only a sin, but a punishable crime against God.
In the case of homosexuality, how it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty.
In the Hanafi school of thought, the homosexual is first punished through harsh beating, and if he/she repeats the act, the death penalty is to be applied.
As for the Shafi`i school of thought, the homosexual receives the same punishment as adultery (if he/she is married) or fornication (if not married). This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times. Hence, the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication.
The Hanafi differentiates between the two acts because in homosexuality, anal sex [something that is prohibited, regardless of orientation] may also be involved, while in adultery [and fornication], the penis/vagina (which are reproductive parts) are involved.
Some scholars, based on the Qur'an and various ahadith, hold the opinion that the homosexual should be thrown from a high building or stoned to death as a punishment for their crime, but other scholars maintain that they should be imprisoned until death. Another view is that between two males, the active partner is to be lashed a hundred times if he is unmarried, and killed if he is married; whereas the passive partner is to be killed regardless of his marital status.