I think it ought to be made clear that being a homosexual, as in, having sexual feelings for a member of the same sex, is not in of itself a punishable offense in the Shariah. Zina, or sex outside of marriage and adultery, is an offense with a hudud punishment, as is liwat, or anal sex/sodomy. Furthermore, the burden of proof required to carry at a hadd punishment is so high that it is almost impossovle unless the one who did it confesses and actively seeks the punishment. A historical incident mentioned in the article illustrates that idea:
A magistrate from the Hanafi school of law had a gorgeous wife, who was lusted over by a Shafi magistrate. This Shafi judge took advantage of his colleague’s absence to enter the couple’s house and consummate the affair. But a jealous neighbor who also was in love with the wife informed the husband, who immediately returned home, busted into his room and found the couple in his bed. The Shafi magistrate pleaded with the fuming husband, offering him money not to disgrace him publically. The man’s wife pleaded along Shariah lines, saying, “Satr is called for.” But the husband refused and locked them in the bedroom until the authorities arrived. When confronted, the Shafi magistrate confessed to zinā and even wrote out his confession before another magistrate.
Hearing of this scandal, the Mamluk Sultan, al-Ghūrī, was livid at the corruption uncovered amongst his magistrates. So he asked for a ruling by a Shafi judge, who declared (correctly) that the couple should be stoned. The chief judge affirmed, and the Sultan, who had been acknowledged as overly zealous in punishment, was elated. He’d be commemorated for his justice, he exclaimed, since “history would record that someone was stoned for zinā in his time.”
But in the meantime, the couple retracted their confession. Leading scholars wrote that the Hudud punishment would have to be dropped. The Sultan responded in outrage, “O Muslims! A man goes into the house of another man, commits iniquity with his wife, they are caught together under the covers, the man confesses to what he’d done and writes a confession with his own hand, and they say after all this that he can retract it?!” The Sultan convened all the senior judges and jurists at his court, including the then nonagenarian pillar of the Shafi school, Shaykh al-Islam Zakariyyā al-Anṣārī (d. 1520). One leading Shafi scholar, Burhān al-Dīn Ibn Abī Sharīf (d. 1517), replied to the Sultan, “That is God’s law,” warning that whoever executed the couple would be liable for their murder. Zakariyyā al-Anṣārī agreed. Enraged, the Sultan executed the couple anyway, fired all the chief judges and scholars from their judgeships and teaching positions and sent Ibn Abī Sharīf into exile.[56]
We must appreciate what took place in this episode: several leading scholars and judges of Mamluk Cairo accepted dismissal from their posts and exile rather than affirming the application of a Hudud punishment. Writing a century later, the historian Najm al-Dīn al-Ghazzī (d. 1650) remarked that the Sultan’s crime of executing two people without legal right and ignoring the protocols of the Shariah was a cause of the fall of the Mamluk state, which the Ottomans conquered only three years after this scandal.
RE: "Your Son Is Better Off Dead Than Gay": A Steemian's Defense Of Sharia Law