The Punishment For Lesbianism

𝑸𝑼𝑬𝑺𝑻𝑰𝑶𝑵❓

I know that homosexuality is haram, but I wanted to know the punishment for it. I was told by a fellow sister that it is the same as if someone committed zinah (adultery). The lashing if you are unmarried, and stoning if you are married. So which is correct for the punishment of this great sin???

𝑨𝑵𝑺𝑾𝑬𝑹❗️

Praise be to Allah.

Lesbianism means a woman having sexual relations with another woman. This is undoubtedly haraam, and some scholars regard it as a major sin.

See al-Zawaajir ‘an Iqtiraaf al-Kabaa’ir, no. 362.

The imams are agreed that there is no hadd punishment for lesbianism because it is not zina (unlawful sexual intercourse), rather it is to be punished with a ta’zeer punishment in which the judge punishes the one who does that with a punishment which will deter her and others  from doing this haraam action.

It says in al-Mawsoo’ah al-Fiqhiyyah (24/252):

The fuqaha’ are agreed that there is no hadd punishment for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed, because it is a sin.

Ibn Qudaamah said (9/59):

If two women engage in lesbian sexual relations, then they are guilty of zina and are cursed, because it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “If a woman has sexual relations with another woman, then they are both guilty of zina.” There is no hadd punishment for them because they did not have intercourse, rather it is likened to intimate relations that are less than intercourse, and they are to be subjected to a ta’zeer punishment.

It says in Tuhfat al-Muhtaaj, 9/105:

There is no hadd punishment for a woman who has sexual relations with another woman, rather they should be punished with a ta’zeer punishment.

Some people think that the punishment for lesbianism is the same as the punishment for zina, because of the hadeeth quoted by Ibn Qudaamah as referred to above.

This hadeeth was narrated by al-Bayhaqi from Abu Moosa (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) said: “If a man has sexual relations with another man, they are both guilty of zina, and if a woman has sexual relations with another woman they are both guilty of zina.”

This hadeeth is da’eef (weak); it was classed as da’eef by al-Albaani in Da’eef al-Jaami’, 282.

Al-Shawkaani said in Nayl al-Awtaar (7/287):

Its isnaad includes Muhammad ibn ‘Abd al-Rahmaan whom Abu Haatim described as kaadhib (a liar). Al-Bayhaqi said: I do not know him. So the hadeeth is munkar (rejected) with this isnaad. End quote.

Even if the hadeeth were saheeh, it is to be understood as meaning that they are guilty of zina in the sense that they are sinning, not with regard to hadd punishment. This was the view of al-Sarkhasi in al-Mabsoot, 9/78.

And the Prophet (peace and blessings of Allaah be upon him) said: “Every son of Adam has his share of zina. For the eyes may commit zina and their zina is looking; the hands may commit zina and their zina is touching; the feet may commit zina and their zina is walking; the mouth may commit zina and its zina is kissing. The heart desires and wishes and the private parts confirm that or deny it.” Narrated by al-Bukhaari, Muslim, and Ahmad. This version narrated by Ahmad, 8321.

And Allaah knows best.

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