The punishment for anal intercourse with one’s wife

Question

Question: A man committed the foul sin of sodomy (anal intercourse) with his adult lawfully wedded wife and with his wife’s minor sister. What is his punishment (but outside the scope of the government’s law)? Has the nikah also been broken or not? How can this nikah take place two years after committing this filthy act and repenting? Can a nikah be contracted with another man, or is nikah valid only with this same husband? In such a case, is it necessary to obtain a talaq or not? Will talaq take effect or not?

Answer

The punishment of such a person, according to Imam Abu Hanifa ﵀, is left to the discretion of the imam, that is, the ruler of the time: he may either sentence him to life imprisonment, or have him lashed, or throw him down from a high place and pelt him with stones, or bring a wall down upon him, or burn him in fire; and if this act has become his habit, he may execute him.

Source: Fatawa Mahmudiyya

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