# Did Abu Hanifa hold that there is no hadd punishment for sodomy?

*Abu Hanifa and the hadd for sodomy: attacks on Hanafis, madrasa abuse, and a convenient fatwa*

- URL: https://muftiabulayth.org/r/housirokbvu/s/29/
- Date: 2020-04-19 · Kind: discussion · Transcript tier: machine · Recording: Shaykh Kashif Khan | Policing thought, Pornography & Pandora's box | MindTrap with Mufti #15 (2:28:54–2:33:37)
- Status: a view quoted in order to be discussed, not a position held
- Watch from the start of the segment: https://www.youtube.com/watch?v=hOusirOkBVU&t=8934s
- Recording page: https://muftiabulayth.org/r/housirokbvu/

**Topics:** Hudud and punishments; The Hanafi school and Imam Abu Hanifa; Cults, clergy and religious abuse

**Summary (not a quotation; machine-made, unchecked):** The guest says Abu Hanifa held there is no hadd for sodomy, that Salafis attack Hanafis for it, and that a Salafi mufti used the same view to shield one of their own scholars.

## Longer summary

The guest says Abu Hanifa held that there is no prescribed hadd punishment for sodomy, which Ibn Qudama described as opposing the consensus of the Companions, and that the Hanafis have defended him while Salafis in India and Pakistan attack him as legitimising sodomy, including his view on acts with animals. He says Salafis link this to abuse in Hanafi madrasas, and that recent videos from madrasas showed abuse of underage children, which traumatises them. He says one can interpret such opinions positively or negatively, and relates that when a Salafi scholar with a PhD was caught in such an act, the mufti of his own group, who did not want to punish him, used the views of Ibn Hazm and Abu Hanifa that the reports on the hadd are weak, whereas their fatwas normally say the person must be killed, by an Islamic court. He asks whether one would then say the fatwa provided the man with an Islamic justification.

## Sources and names cited

- Shaykh Kashif Khan (guest)
- Abu Hanifa
- Ibn Qudama
- Ibn Hazm
- hadd (prescribed punishment)
- ijma' of the Companions
- Salafi
- madrasa

## Transcript (machine tier, 2:28:54–2:33:37)

[2:28:36] was of the view that there is no hug there is no Sherri had Islamic [ __ ] punished capital punishment on the act of sodomy right so evening Adama and other scholars they say that Boo is Abu Hanifa opposed to a Jamal Sahaba onto the ship right who said no even if Nick Adama yeah he did Abu Hanifah as opposed to a Jamaa I'm just giving one the Hanafy they did defend abu hanifa by hook or by crook no not that and when therapy they attack abu hanifa in india pakistan that a pony for was trying to legitimize the sodomy

[2:29:16] he said there is no hard on base if you do it with an animal there is no other than that now every and hunt him always do this and their mother well a lot of them they like like a lot of them they get caught in my father-in-law used to go in the cushion mother decide and take the valuable em what they're doing like on you know and I ran them wrong so just make sure this yeah they are not doing and we got recently got a lot of videos from the mothers as well about they are doing with the underage children and like it's an abuse and the children did they you know we get from it traumatized they do

[2:29:55] and then they disgusting the stuff that goes on in some of these father yeah so these things okay well so Loki's attack them for these things to do in Medusa and they relate it with the Boniface Pascua they say no he was not doing for that listen Ted so all of these issues you can it's up to you you can either misinterpreted or you can interpret it you know in a positive way you can also interpret all the purpose and negative way as well and I'll tell you an interesting story a selfie for us he was caught doing this you know act of

[2:30:31] sodomy PhD that just made it interesting normal Salafi scholars the PhD odd Allah within their own Jamaat and I'm not claiming that the name of that Jamaat

[2:31:01] because it's been currently so what happened the most when they had a dollop and the justice system and the process professor the PhD professor was brought for this act the mukti he didn't want to punish that that scholar they use the photo of evening has them in Abu Hanifa and they said all the narrations of this on the had on the act of sodomy are we

[2:31:38] are they all are weak so they use the short forwards now normally in their Futaba they said oh no whoever does this kill the person in the one who does it yup it has to be in an Islamic court of course but this is the punishment the prescribed punishment but Abu Hanifah Aetna has on it didn't have this view so it's up to you you can you can say oh that guy was gonna do the sodomy anyway now you have provided him the Islamic legislation that he was gonna do because there is no punishment no he he was gonna do that with the code is that like an acronym

[2:32:18] for the greatest of all time you know so chicken came out

[2:32:58] which I was that much then he has to use shopping bag the plastic shopping bag yeah they use that they used to wrap around that those things because didn't have money for condoms and stuff like that please yes now you have provided him the photo then the question is this year people will ask that look is it not

[2:33:36] better if they do these things with guilt this is the question with killed therefore they would try to redeem themselves by asking for Tober later on and doing step far let's say they were later on or the question this way since they're doing it guilt free there's no you know a person is gonna be happy with themselves are we not just in the moment even afterwards and this is what do you say to that argument hey of course if you see of course when we about talk about pornography I often say according to the most of the

## Cite

Mufti Abu Layth Archive, segment hOusirOkBVU/s/29. https://muftiabulayth.org/r/housirokbvu/s/29/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.