Bestiality - Definition, Etymology, and Legal Implications in Islam
Definition
Bestiality, engaging in sexual acts with animals, is condemned in Islamic jurisprudence as reflecting a severely vitiated appetite and utmost depravity of sentiment. Islamic scholars and jurists have addressed this act with specific rulings and guidance.
Etymology
The term ‘bestiality’ derives from the Medieval Latin bestialitas, from bestia, meaning ‘beast,’ reflecting the involvement of animals in the act.
- Arabic: بهيمية (بَهِيميَّة)
- Turkish: Hayvanlık
Legal Implications in Islam
According to Islamic law, while bestiality is considered highly immoral, it does not incur the Ḥadd (stated punishment) generally applied to adultery or fornication, since the act is not considered to have the properties of whoredom. Instead, the person guilty of bestiality is subject to discretionary punishment (Taʿzīr).
Prescribed Punishment
- Discretionary Correction (Taʿzīr): The offender is subjected to a discretionary punishment which can vary based on the judge’s determination.
- Concerning the Animal: Islamic law dictates that the beast involved should be killed. If it belongs to an eatable species, it must be burnt.
Reference:
- Hidāyah, Volume II, Page 27.
Comparison with Mosaic Law
In contrast to Islamic law, the Mosaic code prescribes the death penalty for bestiality. The Biblical reference states: “Whosoever lieth with a beast shall surely be put to death” (Exodus 18:19).
Recommended Books for Further Studies
- “Shari’a: Islamic Law in the Contemporary Context” - Edited by Abbas Amanat and Frank Griffel
- “Introduction to Islamic Law” - Wael B. Hallaq
- “The Oxford Handbook of Islamic Law” - Edited by Anver M. Emon and Rumee Ahmed
- “Ethics and the Islamic Tradition: Continuity and Change” - Edited by M. Ashraf A. M. Khomeini and A. Saeed
Takeaways and Conclusion
- Bestiality is considered a severe deviation from moral behavior in Islam.
- The act does not incur the Ḥadd penalties, but it is punished by Taʿzīr as decided by a judge.
- The animal involved must be sacrificed to maintain purity and moral standards.
- Comparative religious studies show significant differences in the prescribed punishments between Islamic and Mosaic laws.
Understanding these nuances in Islamic jurisprudence highlights the ethical considerations and legal structures aimed at preserving morality and human dignity.
