Question:-
What is the ruling in regards to the burial of homosexuals? Do we treat them as normal Muslims and give them a Muslim burial or are they treated any different? Please explain!
Answer:-
If a person is involved in the act of homosexuality (whether secretly or openly) but considers the act of homosexuality as Haraam then he will be considered as a Faasiq (a transgressor of the laws of Shariah) but doesn’t lose his Imaan. (Fataawa Uthmaani Pg. 557 Vol.3) Hence, in the event of his demise, he will be buried just like any other Muslim person after being given Ghusl, Kafn and after performance of the Janaazah Salaah.
However, if a person openly declares that the act of sodomy is Halaal then he loses his Imaan. In fact, it is Waajib (obligatory) to have such a person killed in a Muslim state where the law of Shariah is exercised and practiced upon. Due to us residing in a non-Muslim country the above ruling will not be applicable. Yes, the normal procedure of Ghusl, Kafn and Janaazah Salaah that is applicable to general Muslims will not be applicable to this particular individual (in this instance) and he will not be buried as a Muslim, as he has lost his Imaan due to holding such a belief. However, if doesn’t openly declare such a belief (of homosexuality being Halaal) then he should be buried just like any another Muslim whereby he will be given a proper Ghusl and Kafn, with his Janaazah Salaah being performed.
ومن فعل ذلك مستحلا ارتد، ووجب قتله بالردة تارة رجما، وتارة غير رجم. كما يجوز أن يمثل بالمرتد (التجريد للقدوري مسئلة 1417)
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 02 Jumadal Ukhra 1443 / 05 January 2022
