When, occasionally, any of these states have amended
criminal laws or other discriminatory legislation, the
psychological conviction of the unlawfulness and unacceptability
of homosexuality within Islam and Muslim societies persists.22
As a result, LGBT individuals in the Muslim world see their
rights massively abused. In the few cases where they can publicly
acknowledge their sexuality,23 they end up marginalized, victims
of parental or conjugal violence, absorbed by the countries’ sex
industries, or self-exiled.24
The present article examines the legitimacy and validity of
the claims for criminalization of homosexuality and
discrimination against LGBT individuals from within the Sharia,
as practiced in modern Muslim societies. It demonstrates that
several passages of the Qur’an acknowledge homosexuality and
celebrate sexual diversity, and that it is therefore inaccurate to
suggest there is a prohibition of homosexuality in Islam and to
advocate criminalization or adoption of discriminatory practices
targeting sexual minorities. Furthermore, it is argued that
religious views and societal practices that suppress queerness or
discriminate against LGBT persons are not only incompatible
with human rights law, but also contradict the fundamental
principles of the Sharia. Contrary to most of the established
scholarly approaches,25 this Article argues that the Sharia neither prohibits nor punishes homosexuality. To the contrary, a
genuine enforcement of the laws based upon the Sharia in
contemporary Muslim societies requires absolute recognition
and celebration of diverse gender identities.

Leave a Reply

Your email address will not be published. Required fields are marked *