What is the ruling on killing individuals in Yemen on charges of sodomy based on suspicion or bad reputation, and without witnesses or a trial? Is it permissible to spy on people for this purpose? What are the complete conditions for establishing the hadd punishment for sodomy? Is the testimony of four witnesses required? Can someone who has confessed to sodomy retract their confession? What about the rights of those who have been killed without proof or witnesses? Will Allah hold accountable those who killed them if no evidence was established against them? What is the punishment for sodomy and its preliminaries? Is it permissible to kill someone who practices sodomy, or should they be concealed or advised?
The preponderant view is that there is no distinction between a Muhsan (married) and a non-Muhsan in the obligation of execution. Sodomy is proven by the perpetrator's confession, from which he does not recant, or by the testimony of four upright witnesses who explicitly state that they clearly and precisely saw the penetration of one man's private part into the other's anus. Whoever kills the perpetrator without legal proof deserves retribution (qisas). The implementation of the حد (Hudud punishment) is the prerogative of the ruler or his deputy. The method of execution is a matter of differing opinions: some believe in stoning, some in throwing from a high place followed by stoning, and some in burning. The sodomy that necessitates the حد (Hudud punishment) is the insertion of the glans into the anus of a male. Anything less than that warrants discretionary punishment (ta'zir).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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