Sex with Animals and Islam Part 2/3

Part 2/3

Scholars’ View(Fiqh)

According to a report , Ibn Abbas, the companion of Prophet SAWW  was of the opinion that Prescribed Punishment i.e capital and corporal punishment for Zina can’t be applied on one who commits bestiality. This narration is more authentic than killing narration according to Tirmidhi and Abu Dawood. Later on, this view was adopted by the majority of scholars who said that a person who commits bestiality should be given Ta’zir/discretionary punishment and not prescribed punishment.

Note that it doesn’t rule out discretionary punishment.

Tirmidhi (1455), Abu Dawood(4465)

Ibn ‘Abbas said:
“There is no prescribed punishment for one who has sexual intercourse with an animal.” 1

Grade : Hasan (Darussalam)
Hasan (Al-Albani)

Both Abu Dawood and Tirmidhi said that this narration is more authentic than the one which says the one who commits bestiality should be killed.

 

Imam Tirmidhi said: this hadith is more authentic than the previous one(referring to killing hadith).   People of Knowledge acted upon this one(in matter of Hudood) and such is the ruling of Ishaq and Imam Ahmed.

Abu Dawud said: The tradition of ‘Asim proves the tradition of ‘Amr b. Abi ‘Amr as weak

Abu Dawood also said:

Abu Dawud said: ‘Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator.

 

Famous Hanbali Jurist Imam Shams-ud-Deen Muhammad bin Abi Bakr ibn Qayyim Al Jawziyyah(d 751 A.H.) writes in his book “Spiritual Disease and Its Cure” about earlier scholars view on penalty for Bestiality.
Reference: Spiritual Disease and its cure>> Topic: The punishment for homosexuality>> Sub Topic: The punishment for performing a sexual act on animals>> page 205-206
Online Source: http://www.kalamullah.com/spiritual-disease.html
Text:

The scholars have three opinions regarding this matter:
First, the doer of such act should be disciplined, without receiving any corporal punishment, which is the opinion of Malik, Abu Haneefah, and Shafii in one of his two opinions.
Second, its ruling is that of the adulterer; to be flogged if he is unmarried, and stoned to death if he is married; which was the opinion of Al-Hasan.
Third, its ruling is that of the homosexual, which was the opinion of Imam Ahmad. So the punishment is either irrevocable killing or the set punishment as given to an adulterer.
Those who have said that his punishment should be capital punishment have argued their case with the Hadith reported by Abu Dawud, on the authority of lbn ‘Abbas ~ that the Prophet ~ said: “Kill whoever has sexual intercourse with an animal, and kill the animal with him.
They said that since it is an illegal sexual act, its punishment should be like that of a homosexual. Those who did not consider any prescribed punishment for it have stated that the above Hadith is weak, and that if it were authentic, they would have explained this differently.
Isma’il bin Sa’id Al-Shalanji said: “I asked Ahmad about the one who had sexual intercourse with an animal, but he did not have any opinion. He could not confirm the Hadith of ‘Amru bin Abi ‘Amru (who reported from Ibn ‘Abbas).”
Tahawi has stated: “This Hadith is weak, and Ibn ‘Abbas had already given his opinion that there is no prescribed punishment for the one who had sexual intercourse with an animal.” Abu Dawud said that lbn ‘Abbas’s opinion weakens this Hadith.
There is no doubt that the natural reprimand of having sexual intercourse with an animal is stronger than that of homosexuality, yet it does not mean that both acts are considered the same, regarding people’s nature; in fact, relating one to the other is a wrong way to conduct comparative evaluation.

Bestiality is a major sin:

Shafi Scholar Ibn Hajar Haytami includes “Bestiality” in his list of enormities(i.e Grave sins) along with homosexuality, lesbianism and necrophilia.

Reference: Reliance of the traveler(Umdat as-Salik wa ‘Uddat an-Nasik)>> Haytami>>List of Enormities>> w52.1>> 338-343>> Page 986

Online Source: https://books.google.com.pk/books?redir_esc=y&id=AeFItwAACAAJ&focus=searchwithinvolume&q=338-43

reliance-of-traveler-bestiality

Online Fatwas:

Penal laws of Muslim countries:

Bestiality is illegal and a crime in all Muslim countries but following countries have specifically mention bestiality in their penal laws.

Pakistan:

In Pakistan, punishment for crime of homosexuality and bestiality is fine and imprisonment of 2 to 10 years.

Reference:  Pakistan Penal Code (Act XLV of 1860)>> CHAPTER XVI-A :OF WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT>> 377

Source: http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html#f156

377. Unnatural offences:
Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine.

Bangladesh:

Both Pakistan and Bangladesh penal code is based on 1860 penal code but they have made some amendments later on.

In bangladesh, Punishment for bestiality is imprisonment of life which may not exceed 10 years.

Reference: THE PENAL CODE, 1860  (ACT NO. XLV OF 1860)>> CHAPTER XVI
OF OFFENCES AFFECTING THE HUMAN BODY

Online Source: http://bdlaws.minlaw.gov.bd/sections_detail.php?id=11&sections_id=3233

Text:

Unnatural offences
377. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with2[ imprisonment] for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

 

Brunei has similar penal law

Online Source: http://www.commonlii.org/bn/legis/pc22130/

 

 

Gambia:

Maximum Punishment: 14 years

Reference: Criminal Code 1965>> PART II – CRIMES>> Chapter XV – Offences against Morality

Online Source: http://www.oit.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=75289&p_country=GMB&p_count=43&p_classification=01.04&p_classcount=8

Text:

Article 144: Unnatural offences

(1) Any person who—
(a) has carnal knowledge of any person against the order of nature; or
(b)  has carnal knowledge of an animal; or
(c)  permits any person to have carnal knowledge of him or  her against the order of nature; is guilty of a felony, and is liable to imprisonment for a term of 14 years.

Palestine:

Maximum Punishment: 10 years

Reference: The British Mandate Criminal Code Ordinance, No. 74 of 1936>> Section 151

Online Source: https://www.nevo.co.il/law_html/law21/PG-e-0633.pdf

Text:

(2) Any person who:—
( a ) has carnal knowledge of any person against the order of
nature; or
(6) has carnal knowledge of an animal; or
(c) permits a male person to have carnal knowledge of him
or her against the order of nature,
is guilty of a felony, and is liable to imprisonment for ten years.

Iran:

Maximum Punishment: 79 lashes, capital punishment on 4th offense

Reference:  OHCHR>> Table of Capital Offenses in the Islamic Republic of Iran,
and their Sources in Statute Law and Islamic Law>> II: Table of Capital Offenses>>  2: Huddud>>  e:  Vaty-e heyvanat va Mayet-e-insan ( bestiality and necrophilia)>> 21th  offense  and 17th offense in Hudood

Source:  http://www2.ohchr.org/english/bodies/hrc/docs/ngo/NGO_submission_ELEI_Add.1.pdf (PDF)

Text: 

[Capital Punishment on] Fourth conviction of intercourse with  animals (lesser convictions are punished by ta‘zir as determined by the judge). Source: Tahrir Ul Wasela  4/247/3

iran-bestiality
Snapshot taken from PDF file

 

Syrian Arab Republic:

Syrian penal law says imprisonment of upto 3 years on crime of bestiality.

Reference: Law No. 148/1949 on the Syrian Penal Code>>

Online Source: http://www.wipo.int/wipolex/en/details.jsp?id=10918( Arabic,PDF)

Text: 

المادة ٥٢٠كل
مجامعة على خلاف الطبيعة يعاقب عليها بالحبس حتى ثلاث سنوات

Tranlation:

Article 520

“Any unnatural sexual intercourse shall be punished with a term of imprisonment of up to three years.”

 

Notes:

  1.  Jami` at-Tirmidhi In-book reference: Book 17, Hadith 39
    English translation: Vol. 3, Book 15, Hadith 1455
    Online Source: https://sunnah.com/tirmidhi/17/39
    Sunan Abi Dawud In-book reference: Book 40, Hadith 115
    English translation: Book 39, Hadith 4450
    Online Source: https://sunnah.com/abudawud/40/115
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