Library Ethics Greater Sins Chapter 13 Eleventh Greater sin: Sodomy The Punishment of Sodomy
The Punishment of Sodomy
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The Punishment of Sodomy
Since sodomy is a greater crime than adultery and its evils are worse, the punishment for sodomy is also more severe than that of adultery according to the Islamic law. Islam prescribes capital punishment for the active as well as the passive partner in the crime. If both are major and sane, both of them have to be killed. The active partner is beheaded with the sword or killed by stoning or burnt alive or thrown from a height with the hands and the legs tied. These are the ways prescribed for punishing the criminal, but it is at the discretion of the Judge to determine the method. Similarly, the method adopted for the death of the passive partner is also determined by the Qazi.
According to Amir ul-Mu’minÄ«n ‘Ali (a.s.), a person who has committed this sin must also be burnt after being killed.
As in the case of adultery, the guilt of sodomy is also proved in one of two ways. The first is that both the participants, or one of them confesses four times before a Judge. If he confesses less than four times the legal penalty cannot be issued. He is only warned and severely rebuked so that he may never repeat it. Some Mujtahids believe that the four confessions should be on four different occasions. It is also required that the accused be major, sane, free and independent. Even if he confesses four times, a minor person can only be reprimanded for the act so that he never does it again. The same applies for the slave and the insane person. Apart from this, if someone is forced into such a crime and is unable to avoid it, there is no penalty for him.
The second method of proving the crime of sodomy is that four just witnesses see it being committed with their own eyes and testify in consonance. If the witnesses are less than four, the testimony is not accepted and the penalty for sodomy is withheld. If less than four people have seen this act, they should not testify. If they do so, they shall themselves become liable for the penalty of “qazaf”. This clause shall be elaborated later. If the guilty repents before the four witnesses testify, the penalty is not imposed and he is not killed. The confession or the testimony should be with regard to the penetration of the anus with the penis, only then the capital punishment is carried out. But if the two men cause ejaculation without penetrating the anus (by pressing the sexual organ between the thighs of another man or by rubbing with the buttocks), then the punishment is a hundred lashes for them.
