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Same-sex intercourse is prohibited in Islam, which teaches that such intercourse is a violation of the natural boundaries set by Allah (the Arabic word for God). Note that homosexuality, as a psychological disposition, is not technically against the Sharia, which governs the physical actions, and not the inner thoughts and feelings. It is the physical action of same-sex intercourse that is punishable under the Sharia.
The intended meaning of "same-sex intercourse" is sexual intercourse between two or more men, or sexual intercourse between two or more women. It does not mean the act of masturbation, nor does it have anything to do with nocturnal emissions, both of which are considered to invalidate wudu and require the Muslim to take a full bath or shower before his or her next prayer, but are not otherwise punishable under Sharia.
The Qur'an specifically mentions that same-sex intercourse is forbidden. See Homosexuality in the Qur'an.
Dancing Köçek, a common object of masculine affections in the Ottoman empire. Photograph, late 19th c. Private collection. Homosexuality in the Sharia
While there is a consensus of opinion that same-sex intercourse is in violation of Islamic law, there are differences of opinion within Islamic scholarship about punishment, reformation, and what standards of proof are required before physical punishment becomes lawful.
All traditional Sharia legislation falls into one of four or five main madhhabs, or legal schools: Hanafi, Shafi'i, Hanbali, Maliki, and, according to the Shia, Ja'fari. More recently, some groups have rejected this tradition in favor of greater ijtihad, or individual interpretation. Of these schools, according to Michael Mumisa of the Birmingham-based Al Mahdi institute:
- The Hanafi school does not consider same-sex intercourse to constitute adultery, and therefore leaves punishment up to the judge's discretion. Some scholars of this school also specifically rule out the death penalty, while others allow it for a second offence.
- Imam Shafi'i considers same-sex intercourse as analogous to other zina; thus, a married person found to have done so is punished as an adulterer (by stoning to death), and an unmarried one, as a fornicator, is left to the judge's discretion.
- The Maliki school says that anyone (married or unmarried) found to have committed same-sex intercourse should be punished as an adulterer.
- Within the Ja'fari schools, Sayyid al-Khoi says that anyone (married or unmarried) found to have committed same-sex intercourse should be punished as an adulterer.
It should also be noted that the punishment for adultery requires four witnesses; by analogy, the Shafi'i school, at least, requires four witnesses to the physical act of penetration for the punishment to be applied.
According to the modern Islamic scholar Yusuf al-Qaradawi's summary:
- "The jurists of Islam have held different opinions concerning the punishment for this abominable practice. Should it be the same as the punishment for zina, or should both the active and passive participants be put to death? While such punishments may seem cruel, they have been suggested to maintain the purity of the Islamic society and to keep it clean of perverted elements." - The Lawful and the Prohibited in Islam, p. 165.
Homosexuality in modern Islamic countries' laws
Same-sex intercourse carries the death penalty in five officially Muslim nations: Saudi Arabia, Iran, Mauritania, Sudan, and Yemen. It also carried the death penalty in Afghanistan under the Taliban, and United Arab Emirates law is ambiguous on the subject. No other Muslim nations have the death penalty for it, and of those that do or did, only Saudi Arabia, Iran, and Afghanistan have been reported to have carried it out within the past decade.[1] (http://www.ilga.info/Information/Legal_survey/Summary%20information/death_penalty_for_homosexual_act.htm) Some, such as Turkey, have no laws forbidding it.
In Saudi Arabia, homosexuals may be killed for their practices, although in practise this is not usually done unless the state perceives a threat to its power [2] (http://www.sodomylaws.org/world/saudi_arabia/saudinews19.htm). It has been estimated that since the Islamic revolution in Iran, the Iranian government has executed more than 4000 persons charged with homosexual acts. In Afghanistan at least 10 homosexuals are known to have been executed for their sexual conduct by the Taliban. The vast majority of non-Muslims, led by Amnesty International, have condemned this practice, and some Muslims have joined in the condemnation. Reasons given by Muslims condemning the executions include: the fact that some legal schools (eg Hanafi) regard it as unjustified; the argument that the death penalty is not specified for it in the Quran; the idea that the punishment is unduly harsh; and opposition to the idea that the state's laws should be based on religion.
While executions discourage the outward manifestations of same-sex unions, it is nearly impossible to enforce laws against private same-sex relations since males are allowed to associate freely, as are females, and traditional Islamic law strongly emphasizes the right to privacy.
Homosexuality in the Qur'an
The Abdullah Yusuf Ali translation of the Qur'an states, in Al-A'raf:
- "We also sent Lut: He said to his people: Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds. And his people gave no answer but this: they said, "Drive them out of your city: these are indeed men who want to be clean and pure!"" (Qur'an 7:80-82)
Al-Shu'ara' (starting at 165):
- "Of all the creatures in the world, will ye approach males, And leave those whom Allah has created for you to be your mates? Nay, ye are a people transgressing (all limits)! They said: "If thou desist not, O Lut! thou wilt assuredly be cast out!" He said: "I do detest your doings:" "O my Lord! deliver me and my family from such things as they do!" So We delivered him and his family,- all Except an old woman who lingered behind. But the rest We destroyed utterly. We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)! Verily in this is a Sign: but most of them do not believe. And verily thy Lord is He, the Exalted in Might, Most Merciful." (Qur'an 26:165-175)
Al-Naml (starting at 55):
- "Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant! But his people gave no other answer but this: They said, "Drive out the followers of Lut from your city: these are indeed men who want to be clean and pure!" But We saved him and his family, except his wife; her We destined to be of those who lagged behind. And We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)!" (Qur'an 27:55-58)
Al-Ankabut (starting at 28):
- "And (remember) Lut: behold, he said to his people: "Ye do commit lewdness, such as no people in Creation (ever) committed before you. Do ye indeed approach men, and cut off the highway? - and practise wickedness (even) in your councils?" But his people gave no answer but this: they said: "Bring us the Wrath of Allah if thou tellest the truth." (Qur'an 29:28-29)
An-Nisa, starting at 15-15:
- "If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way. If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful." (Quran 4:15-16)
See also Khalil el-Moumni
Liberal Islamic Stances on Homosexuality
Some self-described liberal Muslims accept and consider homosexuality as natural, regarding these verses as obsolete in the context of modern society. However, this position remains highly controversial even amongst liberal movements within Islam, and is considered completely beyond the pale by mainstream Islam[3] (http://www.al-fatiha.org/pamphlet.html).
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