Why do some judges settle for flogging the sodomite and imprisoning him without executing him?
Machine translationRead the Arabic original
Question : How do we see here that a sodomite is flogged a thousand lashes or more and imprisoned, so what prevented them from executing him?
Answer : What prevented them from executing him, and Allah knows best, is that it is not established, or that sodomy is not established in a legally valid manner, but there are circumstances that raise suspicion, so they do that, or they hold the other opinion that the hadd for sodomy is like that for zina (unlawful sexual intercourse), and the disagreement on this has been mentioned previously.
Answer : What prevented them from executing him, and Allah knows best, is that it is not established, or that sodomy is not established in a legally valid manner, but there are circumstances that raise suspicion, so they do that, or they hold the other opinion that the hadd for sodomy is like that for zina (unlawful sexual intercourse), and the disagreement on this has been mentioned previously.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 472- لماذا يكتفي بعض القضاة بجلد اللوطي وسجنه دون قتله؟ - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
