Ruling on sodomy and the effect on illegitimate children
Q 2: A Muslim man had sodomy with a boy under the age of puberty with the boy's consent and without any coercion; what is the ruling on both of them? Would this incident have a psychological or religious effect upon the child when he grows up. Likewise, is there any harm on an illegitimate child, though he has no guilt in what his parents did?
A: First, Sodomy is one of the major sins, whether it is committed with a boy or an adult, and whether it is with or without their consent. But it is most dreadful when it is committed by coercion. The person who is caught in this act with his consent should be stoned to death, if he is sane and pubescent. He should repent, ask for Allah's forgiveness, regret what he did and determine not to repeat this gain. The guardian of the boy should do Ta`zir (discretionary punishment) to the boy and protect him against the people of evil and corruption, in order to avoid repetition of this abominable act. Second, this may affect the boy's behavior and religion if he gets accustomed to it. He would then commit this when he grows up and consequently becomes indecent and untrustworthy. If the sin is proven by his confession or by the testimony (Part No. 22; Page No. 54) of two just men when he is Mukallaf (person meeting the conditions to be held legally accountable for their actions), he should be killed as reported in the Sahih (authentic) Hadith agreed upon by the Companions. Third, there is no harm or blame on an illegitimate child, for he has no liability for the crime. The liability and punishment are inflicted upon the male and female who committed Zina (adultery/fornication) and caused his/her birth.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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