The Divergent Views of Jurists (Fuqaha) on Punishment of Sodomy (Liwat): Its Relevance to our Contemporary Society

Abstract

The Arabic term Liwāt used for Sodomy refers to the act of the people of prophet Lut(AS.), as they practised the perverted sexual relationship between man and man. And they happened to be the first nation who practised this sane sexual relationship in public. This heinous Sin was not known before to the people of prophet Lut (A.S.). Thus, homosexuality is said to be against the basic institutions and foundations of society, the family and the laws of Allah (S.W.T.) respectively. This article attempts to examine the concept of Sodomy, and its definition, who is a homosexual person? as well as the divergent views of Jurists on the punishment of Sodomy. The paper concludes that the Jurists differed as to the punishment of Sodomy and as such there is no fixed punishment specified for the Crime. Therefore, the malefactor is to be punished by Ta'zir. Thereupon, the paper recommends among others that people should be conscious of their Lord and distance themselves from this heinous act and if the culprit is before the law, he should be punished without favour, fear, mercy and or prejudice.