Does sodomy fall under the definition of unlawful sexual intercourse?
Machine translationRead the Arabic original
The questioner : When the jurists named sodomy as unlawful sexual intercourse in the definition mentioned, is that correct or not? Because Allah the Exalted named sodomy as sodomy, and named unlawful sexual intercourse as unlawful sexual intercourse.
The Shaykh : They say it is committing a lewd act in the front or the back. This is a technical term, and there is no dispute over technical terms. However, the correct view is that sodomy is greater and more heinous than unlawful sexual intercourse. The correct view is that the punishment for sodomy is execution in all cases, whether the perpetrator and the one acted upon are married or unmarried. This is because this orifice is not permissible in any case, and because it is not possible to guard against it.
Unlike the woman's orifice in unlawful sexual intercourse, which may be permissible in some circumstances, such as upon marriage, and it is also possible to guard against it. You can find a man and a woman and ask, "What is your relationship to this woman?" if they are among the accused. But the issue of sodomy is a problem; all men walk in the markets.
The Shaykh : They say it is committing a lewd act in the front or the back. This is a technical term, and there is no dispute over technical terms. However, the correct view is that sodomy is greater and more heinous than unlawful sexual intercourse. The correct view is that the punishment for sodomy is execution in all cases, whether the perpetrator and the one acted upon are married or unmarried. This is because this orifice is not permissible in any case, and because it is not possible to guard against it.
Unlike the woman's orifice in unlawful sexual intercourse, which may be permissible in some circumstances, such as upon marriage, and it is also possible to guard against it. You can find a man and a woman and ask, "What is your relationship to this woman?" if they are among the accused. But the issue of sodomy is a problem; all men walk in the markets.