How should a student of knowledge act if he finds that the hadith, "Whomever you find committing the act of the people of Lot, kill the doer and the one to whom it is done," is flawed? Should he adopt the view of those who say that its ruling is like that of the fornicator? And how should one respond to the majority of scholars who affirmed the punishment of execution? Did the hadith escape their notice? And what is the ruling on killing him without proof? And is it sufficient to respond that there is no specific text, and the judge has the right to issue a discretionary punishment?

Scholars differed regarding the prescribed punishment (حد) for sodomy. Some said that stoning is obligatory, based on the hadith: "Kill the one who does it and the one to whom it is done." This hadith's authenticity is disputed, but it is supported by the consensus of the Companions on killing. Others said that the prescribed punishment for adultery (حد الزنا) is obligatory, based on the hadith: "If a man comes to a man, then they are both adulterers." This hadith has been weakened by a group of scholars. Abu Hanifa held that the punishment for sodomy is discretionary (تعزير), determined by the judge, and is not a prescribed punishment (حد مقدر).