Does ownership affect the ruling or punishment for sodomy?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There is no difference in ruling whether the partner is one's owned slave or a stranger, because the male organ is not the designated receptacle for the male act (Luwat), and therefore, ownership has no bearing on the legal status.
Supporting text
If a man has sexual intercourse with his wife or female slave in the anus, the act is forbidden, but there is no Hadd applied, because the female organ is generally a receptacle for sexual intercourse, and some scholars permit this act, thus creating a doubt that prevents the Hadd, unlike the case of sodomy.