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Fatwa CenterRuling on bestiality and sex with a corpse in Islam
Question
Dear Scholar, I need your judgement in the light of Islamic Shareeah over the act of zoophillia also know as zoo-sexuality or such acts whether it is done with animal or dead animal or dead human body the punishment for this act is not available by Muslim scholars. Kindly brief the Islamic point of view over all these type of acts e.g homosexuality, beastality, zoosexuality having sex withe dead corps or such types of other evils. I urge to publish the judgment for the above topic over the internet so that the common people can know and answer the non Muslims who say that in Islam it is not prohibited and as a proof they also quote the fatwa of some scholars. Jazakallahu Khaer.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
The Prophet, sallallaahu ‘alayhi wa sallam, also said: "If someone engages in sexual intercourse with an animal, kill him and kill the animal." [Ahmad and others - Al-Arnaa’oot said its Isnaad is Hasan]
We have underlined the punishment of having sex with an animal in Fatwa 197803, so please refer to it.
There is no difference of opinion among the scholars regarding the prohibition of having sexual activity with a corpse; however, they only held different opinions as to whether the person who engages in sexual activity with a corpse is liable to receive the Hadd (i.e. punishment prescribed in the Sharee‘ah). The Maalikis maintained that he is liable to receive it. The Hanafis, on the other hand, held that he is liable only to receive Ta‘zeer (i.e. discretionary punishment); this was also the more valid opinion according to the Shaafi‘is and Hanbalis. As to bestiality, the majority of the scholars held there is no prescribed Hadd associated with it.
Al-Mawsoo‘ah Al-Fiqhiyyah (Kuwaiti Encyclopedia of Jurisprudence) reads, "The Hadd is not required in case of sexual contact with a corpse according to the majority of Muslim scholars because it is repulsive to sound human nature and thus does not require the application of the Hadd for Zina (fornication) as deterrence. The outweighed opinion according to the Shaafi‘is and one of the scholarly opinions of the Hanbalis is that the Hadd is incumbent on whoever engages in sexual activity with a corpse because having intercourse with a dead woman is similar to doing so with a living one. In addition, the sin is graver and the prohibition is more emphasized as it also involves violating the sanctity of the dead body. This is also the chosen opinion of Al-Awzaa‘i."
As for homosexuality, which consists of sodomy, the jurists unanimously agreed that it is prohibited. They also unanimously maintained that it is prohibited to have intercourse with an animal. This is well-known to all Muslims, so how could it be claimed that such acts are permissible in Islam, although lay Muslims, let alone scholars, know that it is prohibited?
Please refer to Fataawa 88137 and 89290 about the ruling on homosexuality.
Allaah Knows best.
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