Punishment for Homosexual

Salamo Alaikum Mufti

i am having a discussion with the other madhhabs , what is the view of the ijmaa of the sahaba and the view of the ahnaaf regarding the punishment of a homosexual

i read the following on shaikh al qaradawis website:

“In his book Fat-h al-Qadir, the famous Hanafi scholar, Ibn al-Humam states:

“Al-Bayhaqi reported in his book Shu`ab al-Iman on the authority of Abu ad-Dunya that Abd al-`Aziz ibn Abi Hazim related from Dawud ibn Bakr who related from Muhammad ibn al-Mukadir the following:

“Khalid Ibn al-Walid wrote to Abu Bakr [seeking the legal ruling] concerning a man with whom another man had sexual intercourse. Thereupon, Abu Bakr gathered the Companions of the Prophet, peace and blessings be upon him, and sought their opinion. `Ali, may Allah be pleased with him, was the strictest of all, saying, ‘Only one nation disobeyed Allah by committing such sin and you know how Allah dealt with them. I see that we should burn the man with fire.’ The Companions unanimously agreed on this.” This incident is also mentioned by al-Waqidi under the subject of apostasy at the end of the section on the apostasy of Bani Salim.]”
وعليكم السلام
باسمه تعالى
There are two types of punishment in Islamic Shariha; Hudood and Tahzeer. Hudood is the specific punishment prescribed by the Shariah, punishment for adultery for instance whereas Tahzeer is depended on the Hakeem-Islamic ruler or his deputy. As regard to the punishment for homosexuality is from Tahzeer. No specific punishment has been mentioned for it by the Shariah. But homosexuality is such a heinous crime that Allaah سبحانه وتعالىdestroyed the whole city by stoning and turning it upside down. Allaah سبحانه وتعالى mentioned that nation and the punishment they were given in the Glorious Qu’aan to disgrace them and inform people of the real punishment for that heinous crime. But this punishment cannot be implied by a Hakeem. However, the punishment must be similar to that people of Lut. Therefore, Sayedina Ibne Abbaas رضي الله عنهand the jurists after him stated that the homosexual must be thrown by head from a high place and stoned to death. Answering to Khalid Ibne Walid رضى الله عنه, Sayedina Abu Bakr رضى الله عنهwrote the unanimous decision of the Sahabah to burn the homosexual. Following the decision, Khalid Ibne Walid رضى الله عنهburnt that homosexual. Abdullah Bin Zubair رضى الله عنهalso burnt such criminal during his Khilafah. Usmaan رضى الله عنهwhipped the homosexual with hundred lashes. Ali رضى الله عنهstoned such person to death. Based on all these different punishments, Jurists have recommended the following punishments for homosexuality.
1) Stone to death even if not married
2) Stone to death if married, otherwise hundred lashes
3) Burn with fire
4) Kill him pushing wall or any other similar thing
5) Push from a high place on face and throw stone over
6) Kill such person
7) Lock up till repents or dies
8) Lock up in a preclusive place
والله اعلم بالصواب


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