View Full Version : Punishment of homosexual acts in Hanafi school
18-03-2012, 07:38 PM
I wonder what is the punishment of homosexual acts in an Islamic state according to the Hanafi school, did Imam Abu Hanifa or Imam Abu Yusuf or Imam Muhammad make any rulings on this?
Shaykh Ul Islam
20-03-2012, 06:28 AM
wa 'alaykumus salaam wa rahmatullah,
The following is stated in the Kitaab al-Athar of Imam Abu Hanifa (رحمة اللہ علیه), p 361:
Imam Muhamamd ibn al-Hasan (رحمة اللہ علیه) said, "Imam Abu Hanifa (رحمة اللہ علیه) informed us saying, 'Hammad (رحمة اللہ علیه) nararted to us from Ibraheem (رحمة اللہ علیه) who said, "The sodomite has the same status as the adulterer."'" 
Imam Muhammad (رحمة اللہ علیه) said, "This is our verdict. If he is or has been married, he is stoned. If he is not or has not been married, he is flogged one hundred times as a hadd punishment."
 Imam ash-Shafi'ee (رحمة اللہ علیه) gave the same verdict, but Imam Abu Hanifa (رحمة اللہ علیه) said that he is not given a hadd punishment but a discretionary punishment. And there is in al-Jami' as-Sagheer that he is to be placed in prison until he turns in tawbah or dies. In az-Ziyadat there is that it is up to whatever the imam (sultan) thinks, and he may have him killed if he wishes or have him beaten and imprisoned if he wishes.
 Ibn Abi Shaybah narrated it in the Musannaf, Vol 5, p 493
20-03-2012, 03:31 PM
Barakallahu fik. Do you know which of the 2 opinions the scholars have chosen as the strongest position in the Hanafi madhab?
Powered by vBulletin® Version 4.2.0 Copyright © 2013 vBulletin Solutions, Inc. All rights reserved.