What is the evidence that one who commits sodomy with an animal is subject to discretionary punishment and not a fixed Qur'anic punishment?
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The questioner : The claim that there is no fixed Qur'anic punishment for the one who commits sodomy is, in itself, a false statement. So why do we not apply the same principle to the one who commits zina with carrion?
The Shaykh : He must be subject to discretionary punishment. We say that, at the very least, he is subject to discretionary punishment because he committed a forbidden act.
The questioner : What is the evidence for discretionary punishment rather than a fixed Qur'anic punishment?
The Shaykh : Discretionary punishment will be discussed, if Allah wills, in its own section. It is obligatory in every sin that has no fixed Qur'anic punishment and no expiation, for the sake of deterrence, because people’s conditions do not improve if their faith is weak except through the strength of the authority.
The questioner : No, what is the evidence that discretionary punishment is sufficient for the one who commits zina with carrion, rather than a fixed Qur'anic punishment? Why should the fixed Qur'anic punishment not be the required one?
The Shaykh : We said that the correct view is that the fixed Qur'anic punishment is obligatory. But those who said discretionary punishment is sufficient argue that this is because the pleasure is not obtained as it should be, and the soul detests it and rejects it, so the psychological deterrent is sufficient regarding this matter, and he is subject to discretionary punishment for his transgression.
The Shaykh : He must be subject to discretionary punishment. We say that, at the very least, he is subject to discretionary punishment because he committed a forbidden act.
The questioner : What is the evidence for discretionary punishment rather than a fixed Qur'anic punishment?
The Shaykh : Discretionary punishment will be discussed, if Allah wills, in its own section. It is obligatory in every sin that has no fixed Qur'anic punishment and no expiation, for the sake of deterrence, because people’s conditions do not improve if their faith is weak except through the strength of the authority.
The questioner : No, what is the evidence that discretionary punishment is sufficient for the one who commits zina with carrion, rather than a fixed Qur'anic punishment? Why should the fixed Qur'anic punishment not be the required one?
The Shaykh : We said that the correct view is that the fixed Qur'anic punishment is obligatory. But those who said discretionary punishment is sufficient argue that this is because the pleasure is not obtained as it should be, and the soul detests it and rejects it, so the psychological deterrent is sufficient regarding this matter, and he is subject to discretionary punishment for his transgression.