Ibn Majah

1؎: Ibn al-Talla‘ al-Maliki says in “Aqdhiyat al-Rasul ﷺ” that stoning (rajm) for sodomy (liwat) is not established from the Prophet ﷺ, nor is there any judgment from him on this matter. Rather, it is established from Ibn ‘Abbas and Abu Hurayrah (radi Allahu anhuma) that the Prophet ﷺ said: “Kill both the doer and the one done to.” Al-Bayhaqi narrated from ‘Ali (radi Allahu anhu) that he stoned a man who committed sodomy (8/232). Al-Shafi‘i says: Our position is that he should be stoned, whether he is married or unmarried. Al-Bayhaqi narrated that Abu Bakr (radi Allahu anhu) gathered the Companions (radi Allahu anhum) regarding a passive partner (ma‘mul) in sodomy, and on that day the strictest opinion was given by ‘Ali (radi Allahu anhu), who said: “No nation has committed this sin except one nation, so we think he should be burned with fire.” The Companions agreed on burning him with fire, so Abu Bakr (radi Allahu anhu) wrote to Khalid ibn al-Walid (radi Allahu anhu) to burn him with fire. However, this is not authentic, as there is a weak narrator in its chain, Ibrahim ibn Abi Rafi‘ al-Madani; some have even called him a liar. But there is another route for this narration, though it is only mursal. Abu Dawud has narrated with a sound chain from Ibn ‘Abbas (radi Allahu anhuma) that the one who commits sodomy should be stoned. Al-Bayhaqi has narrated with a sound chain from Ibn ‘Abbas (radi Allahu anhuma) that when he was asked about the one who commits sodomy, he said: “He should be thrown headlong from the highest building, then pelted with stones.”

Sodomy is unanimously forbidden and a major sin, but there is disagreement among the scholars regarding its punishment. Above, the view of some Companions was mentioned that its punishment is execution, whether the person is married or unmarried, and both the active and passive partners are equal in this punishment. This is also the position of Imam al-Shafi‘i. The Ahl al-Hadith hold that both the active and passive partners should be killed, even if they are not married, provided the passive partner was not coerced. Some have transmitted consensus (ijma‘) of the Companions on this. Al-Baghawi has transmitted from al-Sha‘bi, al-Zuhri, Malik, Ahmad, and Ishaq that he should be stoned, whether married or unmarried. Ibrahim al-Nakha‘i says: If stoning is established twice for the adulterer, then the one who commits sodomy should also be stoned. Al-Mundhiri says: Abu Bakr, ‘Ali, ‘Abdullah ibn al-Zubayr (radi Allahu anhum), and Hisham ibn ‘Abd al-Malik burned alive those who committed sodomy.

Imam al-Shafi‘i says: The clearer view is that the hadd (prescribed punishment) for the one who commits sodomy is the same as for the adulterer; if he is married, he should be stoned, otherwise he should be flogged and exiled. And the one with whom this vile act was done, i.e., the passive partner, should be flogged and exiled. Imam Abu Hanifah (rahimahullah) says: The Imam (ruler) may give whatever punishment he deems appropriate, but neither stoning nor flogging will be applied.

Nawab Siddiq Hasan says: The command of the Messenger of Allah ﷺ regarding the killing of both the active and passive partners is authentic and established, and it is also established that the Companions implemented this command, and they killed those who committed this grave indecency without differentiating between married and unmarried, and this occurred several times in their era, and none of them opposed it. Whereas, in a matter such as the shedding of a Muslim’s blood, it is not permissible for any Muslim to remain silent. And that was an era in which the truth, whatever it was and wherever it came from, was accepted. So, if the inclusion of the one who commits sodomy under the general evidences regarding the adulterer is correct, then the generality of the evidence regarding the killing of every active partner, whether married or unmarried, will be specified by it. (See: al-Rawdah al-Nadiyyah 3/283-286)