What is the prescribed punishment for a man engaging in sexual relations with an animal (beast)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There are differing narrations from Ahmad regarding the punishment for a man engaging with an animal. One narration states he receives disciplinary punishment (Ta'zīr) but no fixed Hadd. This view is narrated from Ibn Abbas, 'Ata', Al-Sha'bi, Al-Nakha'i, Al-Hakam, Malik, Al-Thawri, Ashab Al-Ra'y, and Ishaq, and is a position held by Al-Shafi'i. The basis for this view is the absence of a definitive established text, and that it cannot be strictly analogized to sexual intercourse between humans because the animal lacks reciprocal religious accountability and the act is naturally repulsive, thus suggesting no Hadd is warranted. Furthermore, the hadith supporting a harsher penalty is considered weak, with Ahmad doubting its validity due to the narrator 'Amr ibn Abi 'Amr. Fixed punishment is repelled by doubts, and this hadith contains such doubt and weakness.
Supporting text
A second narration states that the ruling is the same as for a man who commits sodomy (lūṭ). Al-Hasan stated that his punishment is the Hadd for the adulterer. Abu Salamah ibn 'Abd Al-Rahman stated that both the man and the animal should be killed, based on the narration: 'Whoever approaches an animal, kill him and kill it with him.' The opinion of Al-Kharqi suggests that the ruler should administer a severe disciplinary punishment (Ta'zīr) because it is intercourse in a forbidden passage (farj muḥarram) without any mitigating doubt, thus mandating Ta'zīr, similar to intercourse with a corpse.