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if he has committed this evil act a few times, the sultan of Islam should kill him. (Durr-e-Mukhtār, Rad-dul-Muḥtār, pp. 43-44, vol. 6) It’s not permissible for the masses to implement these punishments; only the Islamic ruler will execute.
Let’s consider two questions and their answers taken from page 397-398 of the book ‘Kufriyaĥ Kalimāt kay Bāray mayn Suwāl Jawāb’ comprising of 692 pages, published by Maktaba-tul-Madina, the publishing organ of Dawat-e-Islami.
Question: Will a person remain Muslim if he considers sodomy permissible or calls it permissible?
Answer: No. He will become a Kāfir. Islamic jurists have stated, ‘Whoever denied the prohibition of Ḥarām-e-Ijmā’ī (consensual Ḥarām) or doubted in its prohibition is a Kāfir. Examples of such Ḥarām acts are drinking alcohol, fornication, sodomy, interest, etc.’ (Minḥ-ur-Rauḍ, p. 503)
Imām-e-Aĥl-e-Sunnāt Maulānā Shāĥ Imām Aḥmad Razā Khān عَـلَيْهِ رَحْمَةُ الـرَّحْمٰنْ has commented about the person who considers sodomy as permissible, ‘A person who considers sodomy as Ḥalāl is a Kāfir.’ (Fatāwā Razawiyyaĥ, pp. 694, vol. 23)
To say ‘Would that sodomy is lawful!’ is profanity
Question: What is the ruling for a person who doesn’t consider it permissible, but wishes, ‘Would that sodomy is lawful!’?
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