68. In light of this verse and other references in the Qur'an, sodomy is established as one of the deadliest sins; and that it incurred God's scourge on those who indulged in it. We also know from the teachings of the Prophet (peace be on him) that the Islamic state should purge society of this crime and severely punish those guilty of it. There are several traditions from the Prophet (peace be on him) which mention that very severe punishments were inflicted on both partners of this act. According to one tradition, the Prophet (peace be on him) ordered that both partners be put to death. (See Ibn Majah, Kitab al-Hudud, 'Bab man 'amila 'Amal Qawm ut'- Ed.) In another tradition it has been added that the culprits should be put to death whether they are married or un-married. (Ibn Majah, Kitab al-Hudad - Ed.) In another tradition it has been said that both parties should be stoned (to death). (Ibn Majah, Kitab al-Hudad, 'Bab man 'amila 'Amal Qawm Lut ' - Ed.) However, since no case of sodomy was reported in the lifetime of the Prophet (peace be on him), the punishment did not acquire a very clear and definitive shape. Among the Companions, 'Ali is of the view that such sinners should be beheaded and instead of being buried should be cremated. Abu Bakr also held the same view. However, 'Urnar and 'Uthman suggest that the sinners be made to stand under the roof of a dilapidated building, which should then be pulled down upon them. Ibn 'Abbas holds the view that those guilty of such a sinful act should be thrown from the top of the tallest building of the habitation and then pelted with stones. (See al-Fiqh 'ala al-Madhahib al-Arba'ah, vol. 5, pp. 141-2 - Ed.) As for the jurists, Shafi pronounces the punishment of death on both partners to sodomy irrespective of their marital status, and of their role whether it be active or passive. According to Sha'bi, Zuhri, Malik and Ahmad b. Hanbal, they should be stoned to death. Sa'id b. al-Musayyib, 'Ata', Hasan Basri, Ibrahim Nakha'i, Sufyan Thawri and Awa'i believe that such sinners deserve the same punishment as laid down for unlawful sexual-intercourse: that unmarried ones should be lashed a hundred times and exiled, and that married ones should be stoned to death. Abu Hanifah, however, does not recommend any specific punishment. For him, the sinner should be awarded, depending on the circumstances of each case, some deterrent punishment. According to one of the reports, the same was the view of Shafi'i. (See Ibn Qudamah, al-Mughni, vol. 8, pp. 187-8 - Ed.)

It should also be made clear that it is altogether unlawful for the husband to perpetrate this act on his wife. The Prophet (peace be on him), according to a tradition in Abu Da'ud, said: 'Cursed be he who commits this act with a woman.' (Abu Da'ud, Kitab al-Nikah, 'Bab fi Jami ' al Nikah' - Ed.) In other collections of Hadith such as Sunan of Ibn Majah and Musnad of Ahmad b. Hanbal. we find the following saying of the Prophet (peace be on him): 'God will not even look at him who commits this act of sodomy with his wife in her rectum.' (Ibn Majah, Kitab al-Nikah', 'Bab al-Nahy'an Ityan al-Nisa' fi Adbarihinn', Ahmad b. Hanbal, Musnad, vol. 2, p. 344 - Ed.) Likewise the following saying of the Prophet (peace be on him) is mentioned in Tirmidhi: 'He who makes sexual intercourse with a menstruating woman, or indulges in sodomy with a woman. or calls on a soothsayer, believing him to be true, denies the faith sent down to Muhammad (peace be on him).' (Ibn Majah, Kitab al-Taharah, 'Bab al-Nahy 'an ityan al-Ha'id'- Ed.)