and the same view was upheld by ʿAbd Allāh ibn Maʿmar, al-Zuhrī, Rabīʿah, and Isḥāq ibn Rāhwayh.
• Imāms al-Shāfiʿī and Aḥmad held that the punishment for sodomy is identical to the punishment for fornication, whether the person is the active or the passive partner. This was likewise the opinion of ʿAṭāʾ, al-Ḥasan, Saʿīd ibn al-Musayyib, al-Nakhaʿī, Qatādah, and al-Awzāʿī, adducing as proof what al-Bayhaqī narrates from Abū Mūsā: “If a man beds another man, then both of them are fornicators.”
• Imām Abū Ḥanīfah, however, maintained that its punishment is less severe than that for fornication and consists of discretionary chastisement (taʿzīr).
The proponents of the first view—the majority of the ummah—state that no sin causes greater corruption than this one. Allah combined for its perpetrators a variety of punishments that He inflicted on no other community, precisely because of the enormity of the harm it brings about.
Indeed, Allah left the execution of a murderer to the discretion of the victim’s guardian, whereas He made the killing of the sodomite a mandatory ḥadd (fixed legal penalty). The Companions unanimously agreed on this, and it is affirmed by clear, sound prophetic reports that were acted upon by the Companions and the Rightly Guided Caliphs, may Allah be pleased with them.
The Companions differed only over the method of execution: ʿAlī ibn Abī Ṭālib said, “I am of the opinion that he should be burned with fire,” while Ibn ʿAbbās said, “He is to be thrown from a high place and then stoned.”
Those who contend that the punishment for sodomy is less than that for fornication—and is limited to taʿzīr—argue that Allah and His Messenger, blessings and peace be upon him, did not stipulate a fixed ḥadd for it; therefore, it falls under discretionary chastisement. They add that it is intercourse in a place toward which the natural disposition feels no desire; and the legal maxim holds that when a sin is already repelled by one’s nature, that innate deterrent suffices without a ḥadd, whereas a ḥadd is imposed for acts toward which the nature is inclined—hence the prescribed ḥudūd for fornication, theft, and intoxication, but not for eating carrion.
I say: These pretexts cannot stand when weighed against the textual evidence and the consensus of the Companions.