The major sin of an adulterer and homosexual/lesbian
An already-married who committed adultery should be stoned until dead, as the Prophet -peace and prayer of Allah be upon him- had stoned Ma’iz Ibn Malik Al Aslam, also he had stoned al Ghamidiya woman, two Jews, and others of them, and as muslims did, where they also practiced stoning after the death of the Prophet. The scholars have different stance, is the stoned one should be whipped 100 times before got stoned? In madzhab Ahmad and others, there are two stances regarding this matter. If the adulterer isn’t married, he or she should be whipped 100 times according to Allah’s Book, and exiled for a year by sunnah of the Messenger of Allah -peace and prayer of Allah be upon him, although some scholars viewed that the exile is not compulsory.
Stoning will not be established until there are four witnesses that bear witness of the adultery, or the adulterer himself or herself testify for him or herself by four testimonies, according to the majority of scholars. Some of them considered that one testimony upon him or herself is enough. Supposed that he or she denied it, and that adulterer drew his testimony, then some scholars said that the punishment is cancelled. While some others believed that it should not be cancelled.
Muhshan is free man who are already burdened to follow orders in shari’a, who has had sexual intercourse with a woman whom he married even just for once. Is it required for the woman to be equal in those characteristics to that man? Regarding this question, there are two stances of the scholars. And is a teenager who are about to be a grown-up considered as muhshan or not?
As for ahlu dzimmah (the protected, non muslim citizen), they are considered as muhshan according to the majority of scholars such as. Ash Shafi’i, and Ahmad. Because the Prophet -peace and prayer of Allah be upon him- had stoned two Jews at the side of the Mosque, and it was the beginning of stoning in Islam.
Scholars differed regarding pregnant woman who has no husband nor master (if she is a slave-girl) and there is no vagueness in her pregnancy. And here are two stances in madzhab Ahmad and others regarding this matter. It is said that there are no punishment (hadd) for her; since she might be pregnant due to rape, or due to various possibilities or due to vague intercourse. Another opinion said she must be punished. The latter is the more famous opinion that is narrated from the four caliph and it is closer to the principles of law in shari’a and it is the stance of the dwellers of Medina; because the seldom possibilities should not be taken into account, such as the chance of her and the witness lying.
As for the homosexual and lesbian, some scholars said that their punishment resembles the punishment for adultery. There are also people who said that it is not same, and this is the stance of the companions : both should be killed, the sinner and the victim, whether he or she is already married or not. The authors of Sunan books had narrated from Ibn ‘Abbas -may Allah be pleased with him-, from the Prophet -peace and prayer of Allah be upon him- said,
“Whomever you found doing the practice of Lot’s nation, should be killed, both the sinner and. the victim.”
Abu Daud narrated from Ibn Abbas -may Allah be pleased with him- about a girl who was found doing lesbian act, and according to him, she must be stoned. The same thing is narrated from Ali Ibn Abi Thalib -may Allah be pleased with him.
The companions agreed upon this law, but they had different opinions on how to kill them. It is narrated from ash Shiddiq -may Allah be pleased with him- that he ordered to burn them. The others said, they must be killed. Another opinion said that a wall should be stumbled upon them until they died under it’s wreckage, or they are caged in the most rotten place until dead. Some of them said, they are raised to the highest wall of the village and thrown from it together with some stones, as Allah did to the nation of Lot. This narration is from Ibn Abbas -may Allah be pleased with him-. And in another narration it is said that they should be stoned. This is the opinion of the majority of the scholars in past time, and they said, “Because Allah had stoned the nation of Lot, and He ordered to stone the adulterer which resembles the stoning that was afflicted upon the nation of Lot. ”
Both the sinner and the victim should be stoned, whether they are free men or slaves, or one of them is a slave and the other is a free man, if they are grown-ups. If one of them has not yet grown-up, then he should be punished with other punishment that killing, since stoning merely applied to the grown-ups.
Reference: “Collection of Fatwa of Ibn Taimiyya.” By Sheikh al Islam Ibn Taimiyya. Publisher: Darul Haq.
Article of www.whatisquran.com