The ruling on sodomy for the active and passive parties, and whether the child of fornication is harmed by the act
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The second question of Fatwa No. ( 4324 )
Q 2: A Muslim man who has reached puberty committed sodomy with a Muslim boy who has not reached puberty; this was with the boy's consent , and without coercion, so what is the ruling for both of them, and does this incident have any psychological or religious harm for the boy when he grows up, and likewise, is there any harm for the child of fornication, even though he had no hand in what his parents did?
A 2: First: Sodomy is a heinous act among the major sins, whether it is with a boy or an adult, and whether the passive party is willing or unwilling, but it is more reprehensible without consent. If it is established against a person and he did it willingly, he deserves the punishment of stoning if he is sane and has reached puberty, and it is obligatory for him to repent, seek forgiveness, feel remorse for what happened, and resolve not to return to it. The guardian of the boy must punish him, discipline him, and protect him from the deception of people of evil and corruption, and their meddling with him, so that he does not repeat the act of this heinous deed or the like of it. Second: That act may affect the boy morally and religiously when he grows up if he becomes accustomed to it and it occurs from him in his adulthood, in which case he will be despised, lacking in morals, dignity, and justice. And if it is established against him by his confession, or the testimony of
the upright, of his act after he became accountable, he is killed; as came in the authentic hadith and the Companions agreed upon it. Third: There is no blame or harm on the child of fornication; because he has no share in the crime, rather the sin of the crime and its punishment are on the one who committed it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 2: A Muslim man who has reached puberty committed sodomy with a Muslim boy who has not reached puberty; this was with the boy's consent , and without coercion, so what is the ruling for both of them, and does this incident have any psychological or religious harm for the boy when he grows up, and likewise, is there any harm for the child of fornication, even though he had no hand in what his parents did?
A 2: First: Sodomy is a heinous act among the major sins, whether it is with a boy or an adult, and whether the passive party is willing or unwilling, but it is more reprehensible without consent. If it is established against a person and he did it willingly, he deserves the punishment of stoning if he is sane and has reached puberty, and it is obligatory for him to repent, seek forgiveness, feel remorse for what happened, and resolve not to return to it. The guardian of the boy must punish him, discipline him, and protect him from the deception of people of evil and corruption, and their meddling with him, so that he does not repeat the act of this heinous deed or the like of it. Second: That act may affect the boy morally and religiously when he grows up if he becomes accustomed to it and it occurs from him in his adulthood, in which case he will be despised, lacking in morals, dignity, and justice. And if it is established against him by his confession, or the testimony of
the upright, of his act after he became accountable, he is killed; as came in the authentic hadith and the Companions agreed upon it. Third: There is no blame or harm on the child of fornication; because he has no share in the crime, rather the sin of the crime and its punishment are on the one who committed it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.