Sodomy between a crime and Sharia law

Authors

  • Ali Qassem Zaidan Al-Mahdawi كلية القانون / جامعة ديالى

Abstract

A prayer, for example, is viewed in terms of being an act that God Almighty enjoined on the servant to perform it at its full times, and it is the subject of the attachment of God Almighty’s mandated speech. It is described (obligatory) with this consideration. Then it is viewed in terms of the existence of its entity related to the fulfillment of its pillars and conditions set by the Legislator for it, and the correctness of its performance depends on the existence of a reason to rely on it, so with this consideration we describe it as valid if the conditions and pillars are met, and describe it as corrupt when a defect occurs with a condition or pillar so that it is caused by the occurrence of a cause, which is the entry of time We can describe the sale of alcohol as (prohibited) due to the fact that it is forbidden, and its sale is an absolute prohibition, and the prohibition is an obligatory ruling. At the time, he denied his half (invalidity) due to the imbalance of one of the conditions of the validity of the sale contract. Invalidity is one of the sections of man-made rule. Likewise, the rest of the acts of worship, such as fasting, zakat, Hajj, etc., civil transactions and contracts, contracts related to personal status, and felonies that necessitate contracts such as theft, murder, drinking, etc. It is less important than that, but it is more important, so it is viewed by these two views as well. Considering that it is forbidden to inflict it on the part of the Lawgiver as an inevitable prohibition, it is called (prohibition). The necessity of limiting, reinforcing, or the punishment estimated in Sharia, and the reason is one of the types of positivist judgment. This research entitled (Crime and Homosexuality between Sharia and Law) is one of the important legal studies in the community because of its close relationship in the life of the family and their social conditions, as the community is in dire need of commitment to what this research entailed and to move away from this crime because of what it involves in preserving society from Congenital septic. With the help of the Almighty, I divided this research into four demands: - The first bump: definition of sodomy. The second section: minor sodomy. The third requirement: The punishment for sodomy, and it consists of three sections: The first section: The punishment for sodomy in Sharia The second section: The punishment for sodomy in man-made laws The third section: A comparison between the punishment of Sharia and the man-made laws The fourth requirement: On the health harms of sodomy

Published

2023-06-05

How to Cite

[1]
م.م علي قاسم زیدان المھداوي, “Sodomy between a crime and Sharia law”, jfath, vol. 12, no. 4, pp. 352–356, Jun. 2023.