The mention of the disagreement among jurists regarding the hadd punishment for sodomy?
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And in the noble verse here, its hadd is mentioned, and likewise in the Sunnah, there are authentic and explicit hadiths regarding this matter, concerning the hadd for sodomy. Therefore, the people of practice differed on three opinions. The first opinion is that its hadd is execution in all cases, meaning whether the active party and the passive party are married or unmarried. Do you know who a married person (muhsan) is? He is one who has married and had intercourse in a valid marriage. Some scholars said—and this is the second opinion—that its hadd is like the hadd for the fornicator, meaning that if he is married, he is stoned, and if he is unmarried, he is flogged and exiled. And some scholars said that there is no hadd for it, and that it is sufficient to rely on the psychological deterrent and what is abhorrent to souls. If something is abhorrent to souls, there is no hadd for it; one relies on the deterrent, just as with urine. Urine is more abhorrent than intoxicants, and intoxicants have a hadd. Does urine have a hadd? It has no hadd because souls recoil from it and consider it disgusting, so the natural deterrent is sufficient instead of the disciplinary deterrent. These are three opinions. As for the first opinion, they cited as evidence the hadith that came in this meaning, which is the saying of the Prophet (peace and blessings be upon him): Jami` at-Tirmidhi 1456Hasan (Darussalam) This is a hadith whose lowest status is that it is good. Then the Companions (may Allah be pleased with them all) agreed on executing the active and passive parties in sodomy, except that they differed on how he is executed. Some said that he is burned in fire, some said that he is stoned with stones, and others said that he is thrown from the highest place in the city. This is what the Shaykh al-Islam (may Allah have mercy on him) chose, that the active and passive parties are executed, based on the hadith, the reports from the Companions (may Allah be pleased with them), the meaning, and correct analogical reasoning, because this sin, and may Allah protect us from it, cannot be guarded against. If it does not have a strong deterrent, it spreads among people, and may Allah protect us, and becomes prevalent. This is one reason. And because it is a killing of the meaning of manliness, for the person becomes in the position of a woman. Yes, until some of them—and may Allah protect us from this—who are afflicted with this matter adorn themselves and dress
