What is the prescribed punishment for the active partner in sodomy according to the strongest opinion?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The punishment is death by stoning (Rajm). This is based on the Hadith: 'Whoever you find committing the act of the people of Lot, kill the doer and the one to whom it is done,' and in another narration, 'Stonethe one above and the one below.' Furthermore, this is based on the consensus of the Companions (Sahaba) regarding his execution, though they differed on the specific method. This is also supported by the view of Ali, peace be upon him, and because God Almighty punished the people of Lot with stoning, so the one who commits their act should be punished similarly.
Supporting text
Abu Bakr Al-Siddiq, may God be pleased with him, ordered the burning of the sodomite, based on the consultation with the Companions after Khalid bin Al-Walid found a man engaging in such acts. Al-Hakam and Abu Hanifa ruled that there is no Hadd, arguing that the anus is not the proper place for penetration, thus resembling other acts besides the sexual organ.