Lesbianism not equated with sodomy by analogy

24-2-2015 | IslamWeb

Question:

Salam alaikum Why is the punishment for lesbianism different from sodomy? They are both abhorrent acts against the natural laws of Allah(swt) and a great crime, shouldn't they both carry the hadd of capital punishment? Yet Ulema said that the punishment for lesbianism is only tazir. Can you please explain? Jazakum Allah(swt) khayr

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger. 

There is a difference between lesbianism and sodomy, so it is not correct to equate them by analogy.

Shaykh ‘Abdul Muhsin Al-‘Abbaad said in his commentary on Abu Daawood's Sunan: "Lesbianism is not equivalent to sodomy by analogy because if a homosexual act takes place without penetration, but only by touching and bodily contact, then the doer will be punished according to Ta'zeer (discretionary punishment), but this punishment does not extend to killing. Lesbianism, on the other hand, does not involve any (penetration). Similarly, there is no prescribed punishment (Hadd) for pleasure without sexual intercourse, but only Ta'zeer." [End of quote]

He said the above based on the fact that a homosexual act that requires the Hadd consists in inserting the head of the penis into the anus of the male; this is mentioned by An-Nafraawi from the Maaliki School of jurisprudence in his book Al-Fawaakih Ad-Dawaani. This description is not achieved in lesbianism, and the mere presence of two parties or the existence of pleasure is not enough for applying to it the same rule as that of sodomy.

For more benefit, please refer to Fatwa 92314.

Allaah Knows best.