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If there are fewer than four witnesses, or if one is not upstanding, then they are all to be chastised with 80 lashes for slander. Sodomy is proven either by the perpetrator confessing four times or by the testimony of four trustworthy Muslim men, who were eyewitnesses to the act.
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If muḥṣan and free, one must be stoned to death, while a free bachelor must be punished with 100 lashes and banished for a year. Treated like fornication, and must be punished in the same manner.
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In 1928, the Saudi judicial board advised Islamic judges to look for guidance in two books by the Hanbalite jurist Marʿī ibn Yūsuf al-Karmī al-Maqdisī (d.1033/1624). However, the traditional interpretation of Sharia is that it prohibits homosexual acts (as zina or unlawful sexual intercourse) and, specifically, liwat or sodomy, though there is a difference of opinion on the punishment ranging from none at all (hanafi) to the death penalty. Reformers have often called for codified laws to be instituted, and there appears to be a trend in the country to codify, publish and even translate some Saudi criminal and civil laws. In addition, royal decrees and government regulations have been issued. Judges apply their personal interpretation of Sharia to any particular case ( Ijtihad) and are not bound by any previous decisions, sometimes resulting in divergent judgements even in apparently identical cases. This is derived from the Quran and the traditions of Muhammad contained in the Sunnah ijma, or scholarly consensus on the meaning of the Quran and the Sunnah developed after Muhammad's death and Qiyas, or analogical reasoning applied to the principles of the Quran, Sunnah and ijma. The primary source of law in Saudi Arabia is the Islamic Sharia. See also: Legal system of Saudi Arabia and LGBT in Islam Homosexuality and being transgender are widely seen as immoral and indecent activities, and the law punishes acts of homosexuality or cross-dressing with capital punishment, fines, public whipping, beatings, vigilante attacks, vigilante executions, torture, chemical castrations, imprisonment up to life and deportation.
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Saudi Arabia has no criminal code and the primary source of law in the country is the Islamic Sharia, derived from the seventh-century Quran and the traditions of Muhammad contained in the Sunnah. LGBT rights are not recognized by the government of Saudi Arabia. Both male and female same-sex sexual activity is illegal. Lesbian, gay, bisexual, transgender ( LGBT) people in Saudi Arabia face severe repression and legal challenges not experienced by non- LGBT residents.
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