Home › Muslim View Of Homosexuality

Muslim View Of Homosexuality

The Islam , like the religions Abrahamic, and more specifically the general moral among devout Muslims believe the homosexuality as a sin against the order established by God. The Sharia , Islamic law, strongly condemns homosexuality in all schools of law and prescribes the death penalty or a discretionary sentence , by attacking them on the highways and committing iniquities in their assemblies , avoiding any relationship strictly heterosexual (which is why the Qur'an condemns them as a people transgressing beyond bounds) , and criticize Lot of excessive chastity when, to save his guests he told them instead of abusing his own daughters saying " it would be less impure of abusing them " : 7:78-81, 11:74-83, 15:67-77, 21:74, 26:160-174, 27:54-58, 29 :27-35, 54:33-39.

People of his people, because these practices are treated transgressors , outrageous , ignorant by Loth and criminals by God. These people do not seem to be described as having been "destroyed by God" for these practices alone, but are also accused of having treated their prophet as a liar ^,.

Many hadiths attributed to Muhammad also condemned homosexuality, and also sometimes prescribe the death penalty as punishment, without ever specifying how to perform this execution . But neither the Imam al-Bukhari , nor Imam Muslim ibn al-Hajjaj not relate hadith on this subject, although other hadith collections contain hadiths condemning carnal intra-gender, and sometimes some been authenticated by any scholar. But all the hadiths on the issue presented by the lawyers to support the death sentence - which was carefully collected in books on the subject of people having sex with someone of the same gender - have been criticized for their authenticity respectively by several specialists, and from Ibn Hajar al-Asqalani , there is no consensus on an authentic hadith going back to the Prophet on this subject . It also attempts to show that most scientifically the anthropologist historian Mohammed Mezziane in Sodomy and masculinity among Muslim jurists from the ninth to eleventh century.

The Imam Malik ibn Anas and Muhammad bin Idris al-Shafi'i , classify homosexuals with adulterers , they themselves are married or not. As described by H. Benkheira in Islam, only sex between partners of the opposite sex is permitted, sodomy between males is described as an "abomination to none," a "horrible and disgusting crime" because "there can have heterosexual union "through the vagina, instead of procreation and not the anus designed for a different purpose. Male sodomy between males is considered to be far more serious than adultery and fornication, and sodomy between spouses is considered provoking divine curse. While intra-female sexuality is considered less serious, do not compromise the masculinity of male sex . Nevertheless, a more critical study of the question, "the use by Muslim theologians contemporary terminology such as" sex against nature "or" pathological sexuality "to describe homosexuality (called liw or udd g nsi) refers to the Western characterization of homosexuality as established in the nineteenth century; (...), these characters are not operative for the medieval period " . This is from a cultural heritage abroad, now that the severity of sodomy is described as his opposition to the purpose of carnal intercourse, so that it is detrimental to reproduction and survival of the species human. Hocene Benkheira says it is very clear that a very important debate on the subject has taken place (for sodomy between spouses) in the eighth S . Mr. Mezziane accurate, well, that arguments about the reasons for the prohibition of homosexual sodomy-not as an act of apostasy (irtidat as for the people of Lut ) or insubordination to the requirements of God (fisq ) but as an act against nature-has been developed for the needs of the case rather late . Any sexual relations outside the "sacred and divine" of heterosexual marriage is prohibited in all works of Islamic jurisprudence . If no mention of the mouth of Mohammed by the unanimity of the scholars of the Muslim world ^, clearly does not condemn homosexuality (through legal punishment), there is in any case a global consensus, divergence between the Sahaba and all the scholars of Islam to condemn homosexuality, one way or another, by judicial proceedings, the stake could technically go to the waiver of proceedings under the legal operation of Shari'a and fiqh .

Legal status of homosexuality in the Muslim-majority countries

Male homosexuality is a crime in most Muslim-majority country. However, the lesbianism is not one that in almost half of these countries. Indeed, although often also repressed lesbianism is generally frowned upon unless that male homosexuality in countries with Muslim tradition.

Country	Male homosexuality	Lesbianism	Statutes
Afghanistan	Illegal	Illegal	Penal Code CHAPTER EIGHT: Adultery, Pederasty, Violation of Section 427 honor: (1) A person who commits adultery or pederasty shall be punished by long imprisonment. (2) In one of the following cases, the commission of the act specified above is considered an aggravating circumstance: a. Where the person against whom the crime was committed was under eighteen years. b. ... "It should be noted that Islamic law (Sharia), which criminalizes homosexual acts with maximum penalty for the death penalty is applied along the Penal Code. Although no sentence has been pronounced since the end of the Taliban regime, this sentence is technically feasible.
Albania	Not Illegal	Not Illegal
Algeria	Illegal	Illegal	Penal Code (Ordinance No. 66-156 of June 8, 1966) Article 338 - "Anyone guilty of an act of homosexuality is punished with imprisonment for two months to two years and a fine of 500 to 2000 AD , the maximum penalty must be pronounced. If the act was consummated or attempted with violence, the offender shall be sentenced to imprisonment ranging from five to ten years. "
Indonesia	Illegal in Aceh	Illegal in Aceh	Homosexual acts are legal under national penal code. However, in 2002, legislation passed by the National Parliament authorized the province of Aceh to build Islamic Sharia. This law applies to Muslims only. To date and as an example, the city of Palembang in South Sumatra has introduced jail sentences and heavy fines for homosexual acts.
Iran	Illegal	Illegal	Islamic Penal Code of 1991 See LGBT rights in Iran.
Iraq	Not illegal as such	Not illegal as such	The Iraq reinstated the Penal Code of 1969 after the U.S. invasion in 2003. The Penal Code does not prohibit sexual activity between consenting adults of the same sex (see LGBT rights in Iraq ). However, as the country is at war and there are shortcomings in the law enforcement, the death squads are rampant in the country, killing homosexuals.
Jordan	Not illegal as such	Not illegal as such	Although there is no penalty, gays are victims of violence.
Kuwait	Illegal	Not illegal	Penal Code, Law No. 16 dated June 2, 1960 Article 192 - Sexual intercourse with a male person with a male person under twenty-one years - up to seven years imprisonment. Article 193 - Sexual intercourse between men over twenty-one years - up to seven years imprisonment.
Kyrgyzstan	Not illegal	Not illegal
Lebanon	illegal	illegal	Penal Code of 1943, amended 2003 Article 534 "The sex against nature is punishable by imprisonment for a term between one month and one year and fined between 200,000 and one million Lebanese pounds. "
Libya	illegal	illegal	Penal Code of 1953, 3rd Chapter: Offences against freedom, honor and morality Article 408: Acts Obscene (1) Any person committing obscene acts with another person by a means described in the preceding article shall be punished by imprisonment of up to 5 years. (2) The same penalty will be imposed if the act was committed by mutual agreement with a person under 14 years or a person who could not refuse because of psychological or physical weakness. If the victim is aged between 14 and 18 years, imprisonment shall be at least a year. (3) If the person belongs to one group of authors provided for in paragraphs 2 and 3 of Article 407, a sentence of at least 7 years' imprisonment will be imposed. (4) If a person commits a lewd act with another consenting person (outside marriage), the two parties will be punished by imprisonment.
Malaysia	Illegal	Not illegal	Penal Code (Act No. 574) (Consolidated version with amendments on November 15, 1998) (see LGBT rights in Malaysia )
Maldives	Illegal	Illegal	Sexual acts between men and between women are not sanctioned by the Penal Code but prohibited by Islamic law or Sharia, which applies to the Maldives at the same time as the civil laws, penalties being imposed by Islamic courts. 61 For men, the punishment and banishment for a period of 9 months to 1 year or 10 to 30 lashes, while the penalty for women is a residency for a period of 9 months to 1 year. It was reported that acts lesbians had been equally punished by lashing.
Mali	Not Illegal	Not Illegal
Morocco	Illegal	Illegal	Penal Code of November 26, 1962 Article 489. Any person who commits obscene acts against nature or with someone of the same sex will be punished by imprisonment from 6 months to 3 years and a fine of 120 to 1,000 dirhams, unless the circumstances of the commission of the acts do not constitute an aggravating factor. See LGBT rights in Morocco.
Mauritania	Illegal	Illegal	Penal Code of 1984 (Ordinance no. 83-162 of July 1984 on the establishment of the Criminal Code) See LGBT rights in Mauritania.
Niger	Not Illegal	Not Illegal
Nigeria	Illegal	Not Illegal	Criminal Code, Chapter 77, Laws of the Federation of Nigeria, 1990. Chapter 21: Offences against Morality. 214. "Any person who: (1) has carnal intercourse against nature with another person, or (2) has carnal relations with an animal, or (3) permits a man has carnal intercourse against nature with him or her, is guilty of a felony and is punishable by imprisonment of fourteen (14) years. "215. "Any person who attempts to commit any of the offenses described in the previous section is guilty of a felony and is punishable by imprisonment of seven (7) years. The criminal can not be arrested without a warrant. "217. "Any man who publicly or privately, that act of gross indecency with another man, offered the services of another man to commit such acts of sexual molestation, or attempts to consent to such acts of another man for himself or another man in public or in private, is guilty of a felony and is punishable by imprisonment for three (3) years. The criminal can not be arrested without a warrant. "352. "Any person who assaults another with intent to have carnal intercourse against the order of nature he or she is guilty of a felony and is punishable by imprisonment of fourteen (14) years. "353. "Any person who unlawfully and indecently assaulting another man is guilty of a crime and is punishable by imprisonment for three (3) years. The criminal can not be arrested without a warrant. "Note that some states in northern Nigeria have adopted Islamic Sharia laws, criminalizing sexual activity between persons of the same sex. The maximum penalty for such acts between men is the death penalty, while the maximum penalty for such acts between women is sentenced to public flogging and / or imprisonment. These laws differ from federal laws, by the fact that most of them also ban sexual relationships between women. Nigerian states have introduced such laws are 75: Bauchi (2001), Borno (2000), Gombe (2001), Jigawa (2000), Kaduna (2001), Kano (2000), Katsina (2000), Kebbi (2000 ), Niger (2000), Sokoto (2000), Yobe (2001) and Zamfara (2000). (Years in parentheses represent the year of adoption of these laws for each state) is an example of one of these Penal Codes: Zamfara State of Nigeria - Law of Sharia Penal Code, 2000 (entry into force January 27, 2000). Chapter VIII Sodomy (Liwat) 130. Definition of the crime of sodomy. "Whoever has carnal intercourse against nature with any man or woman is said to commit the crime of sodomy: Provided that any person who, compelled by the use of force, threats, or consent to commit the act of sodomy on others or be the subject of an act of sodomy is not considered to have committed this crime. "131. Punishment of the crime of sodomy. "Whoever commits the crime of sodomy shall be punished: (a) one hundred lashes if the person is married, she is also liable to one (1) year imprisonment, or (b) stoned to death if the person is married. (Rajm) Explanation: A simple penetration is sufficient to constitute the carnal intercourse necessary to the crime of sodomy. "Lesbianism (Sihaq) 134. Definition of the crime of lesbianism. "Whoever, being a woman engaging in carnal relations with another woman with their sexual organ or other reciprocal stimulation or arousal, committed the crime of lesbianism. "135. Punishment of the Crime of lesbianism. "Whoever is guilty of the crime of lesbianism should be punished by public flogging of a sentence of up to fifty lashes and a prison sentence of up to six months. Explanation: The crime is committed by the fusion of nature-cons and female sexual organs or the use of natural or artificial means to enhance or achieve sexual arousal or satisfaction. "Indecency / indecent assault. 138. Acts of gross indecency "Whoever commits an act of indecent assault on another person without his consent or by the use of force or threats, compels another person to join him in the commission of such acts shall be punished by the administration of forty lashes, and shall also be liable to one year imprisonment and a fine. Subject to the consent given by a person under fifteen years for such violations practiced by his teacher, his guardian or any person of confidence for his care or education should not be considered a consent under this section. "
Oman	Illegal	Illegal	Penal Code of 1974 Article 223. Any person who commits sexual acts with someone of the same sex will be prosecuted, even if no complaint is filed, for commission of homosexual acts or lesbians if that act causes a public nuisance and shall be punished with imprisonment 6 months to 3 years.
Uzbekistan	Illegal	Not Illegal	Criminal Code of 1994 (in force since 1 April 1995) (amended 1999) Chapter 4. SEX CRIMES Section 120. Besoqolbozlik * (homosexual relations) "A Besoqolbozlik, that is to say a voluntary sexual relationship between two men - is punishable by imprisonment up to three years. "
Pakistan	Illegal	Illegal	Penal Code (Act XLV of 1860) Section 377: "Crimes against nature" Whoever maintains voluntary carnal intercourse against nature with any man, woman or animal, shall be punished with imprisonment for life or imprisonment for a term which shall not be less than two years nor more than ten years and shall also be liable to a fine. "
Palestine : West Bank	Not Illegal	Not Illegal
Palestine : Gaza	Illegal	Not Illegal
Qatar	Illegal	Illegal	Penal Code currently in force (Act No. 11 of 2004). Sexual acts with a woman over age 40 are prohibited under section 281 while sexual acts with a man is prohibited under section 284. The penalty for men and women is a maximum of 7 years in prison.
Senegal	Illegal	Illegal	See LGBT rights in Senegal. Excerpt from the Basic Law No. 65-60 of July 21, 1965 Penal Code 92 93 Section 319:3 "Without prejudice to the heavier penalties provided for by the preceding paragraphs or by articles 320 and 321 of this Code shall be punished by imprisonment of one to five years and a fine of 100 000 to 1 500 000 francs, anyone who commits an indecent act or act against nature with an individual of her sex. If the act was committed with a minor of 21 years, the maximum penalty must be pronounced. "
Sierra Leone	Illegal	Not Illegal	Law on Crimes against persons (1861) 95 Section 61 of the aforementioned law criminalizing sodomy and bestiality with a sentence of life imprisonment.
Somalia	Illegal	Illegal	Penal Code, Decree No. 5 / 1962 (entered into force April 3, 1964) 97 Article 398 paragraph 4 Definition of carnal: penetration by the male sexual organ Article 409 "Homosexuality" Anyone in carnal intercourse with someone of the same sex will be punished if the act is not a more serious crime, to imprisonment for 3 months to 3 years. When a) the act b) constitutes an act of lust different from carnal intercourse, the penalty imposed will be reduced by one third. "Article 410 Safeguards for persons sentenced under Article 409. Normally, police surveillance to prevent the prisoner from committing the same acts again.
Sudan	Illegal	Illegal	The Penal Code of 1991 (Act No. 8 1991) makes it punishable by flogging and imprisonment. See LGBT rights in Sudan.
Syria	Illegal	Unclear	Penal Code, Article 1949 104 520. Any unnatural sexual intercourse shall be punished with imprisonment of up to 3 years.
Tajikistan	Not Illegal	Not Illegal
Chad	Not Illegal	Not Illegal
Tunisia	Illegal	Illegal	Penal Code (revised 1964). See LGBT rights in Tunisia. Title II. - Attacks against individuals. Chapter One. - Attacks against persons. Section III. - Attacks against morality. Subsection II. - Indecent Subsection II. - Indecent Article 230. - "Sodomy, if it will fit in the circumstances described in the preceding articles, shall be punished by imprisonment for three years. "
Turkmenistan	Illegal	Not illegal	Criminal Code of 1997 (Effective January 1, 1998) 113 Article 135. Sodomy (1) "Sodomy is to say a man's sexual relationship with another man, is punishable by imprisonment up to two years. "
Turkey	Not illegal	Not illegal	See LGBT rights in Turkey.
Yemen	Illegal	Illegal	Penal Code 1994 (No. 12/1994) 115 "Homosexuality between men is prohibited under section 264 of the Penal Code. It is defined as anal intercourse. The penalty for a single male is 100 lashes or a year imprisonment, while the penalty for married men is the death penalty. Homosexuality between women, which is defined as sexual stimulation by rubbing, is prohibited under Article 268 of the Penal Code. The penalty is a maximum of 3 years imprisonment for willful acts and up to 7 years in prison for acts committed no force.

Source of legislation .

Schedules

Notes and references

Mezziane Mohammed, sodomy and sex among Muslim jurists from the ninth to eleventh century. Arabica 55 (2008) 276-306. DOI: 10.1163/157005808X310651 P. 282.
Kazimirski , The Koran, Editions Garnier Flammarion, 1970 , 508 pages. (ISBN: 2-08-070237-8). p.139.
Kazimirski , The Koran, Editions Garnier Flammarion, 1970 , 508 pages. (ISBN: 2-08-070237-8). P.311.
Muhammad Hamidullah , The Holy Qur'an, Surah XI, verse 81.
Kazimirski , The Koran, Editions Garnier Flammarion, 1970 , 508 pages. (ISBN: 2-08-070237-8). p.297.
Kazimirski , The Koran, Editions Garnier Flammarion, 1970 , 508 pages. (ISBN: 2-08-070237-8). p.183.
26:165. Do you perform the carnal act with the males of this world?
166. And leave your wives your Lord created for you? But you are a people transgressors. "
The Koran translated by Muhammad Hamidullah.
7:80. And Lot, when he told his people: "Do you commit lewdness such as no one in the world, has committed before you?
81. Of course, you practice your lusts on men in preference to women: You are indeed a people transgressing beyond bounds. "
21:54. [And remind them] Lot, when he told his people: "Do ye commit lewdness to [I'homosexualit] then you see clearly."
55. You go to the men instead of women to satisfy your desires? You are rather ignorant people.
The Koran translated by Muhammad Hamidullah.
7:84. And We rained on them a shower so consider what was the end of the criminals!
The Koran translated by Muhammad Hamidullah.
Ibn Hazm (384/995-456/1064) Muhalla al-bi-l-Atar. Abd al-Ghaffar al-Bandar Sulaymn, Beirut, Dar al-Kutub al-'ilmiyya, 1988, XII, pp. 394-395. See also the article by C. Adang, Homosexuality is Ibn Hazm, al-Qantara, XXIV / 1 (2003), pp. 5-31. It presents and analyzes the chapter devoted to Ibn Hazm buggery ('amal qawm LUT) in al-Muhalla.
50:12. Before them the people of Noah, people of the Rass and Thamood cried lies,
13. as well as Aad and Pharaoh and the brothers of Lot,
14. and the people of Al-Aika and the people of Tubba. All treated the Messengers
liars. Thus, my threat is justified.
22:42. And if they belie you, [knowing that] the people of Noah, Aad, Thamud before them also cried lies (in respect of their messengers)
43. as well as the people of Abraham, the people of Lot.
44. and the people of Midian. And Moses was a liar, then I gave respite to the unbelievers, then I seized them. And how was My disapproval!
The Koran translated by Muhammad Hamidullah.
words attributed to Muhammad in the hadith:
"God does not look a man who had sex with a man" (Ibn Hibbaan Tirmidi, Nissa)
"Four types of individuals will be morning and evening before the wrath of God." He was asked: "Who is this O Messenger of God! He said: "Men who imitate women, women who imitate men who mate with an animal who has sex with a man." (Tabaraani and Bayaka)
"What I fear most for you is that you can avoid making the act of the people of Lut and the Prophet (pbuh) said, three times, saying that God damns a person who commits the sin of the people Lot, God damn whoever commits the sin of the people of Lot, God damn whoever commits the sin of the people of Lut. "(Ibn Maja, Tirmidi Al Hakim)
"Seven people are damned by God, Who does not look at the day of Judgement, they will be in Hell with those who will be directed, unless they repent: the homosexual, one who engages in reports sex with an animal (...). (See "The great sin" Al Kabaya "of Imam Adahabi, page 96, the Know Publishing)
Muhammad reportedly said: "Kill those who engage in the act of the people of Lut" (Award prophetic reported by Abu Dawud, Tirmidhi and Ibn Maja)
Muhammad reportedly said: "If you see anyone trying to practice the practices of the people of Lut, kill them, whether he who commits the act or the one who suffers" (Abu Dawud and Tirmidhi)
^{a and b} ibn Hajar al-Asqalani , Bulgh'ul Maram, translated into Turkish by Mehmet and Betl Bozal Aliolu, Meram Tercmesi Blu'l-ve Serhs, editions: Polen Yayinlari (Istanbul, 2005): p.481. ( ISBN 975-9066-15-7 )
^{a and b} Mohammed Mezziane, sodomy and sex among Muslim jurists from the ninth to eleventh century. Arabica 55 (2008) 276-306. Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157005808X310651 ; page 282.
Mohammed Hocene Benkheira, Article Homosexuality, in MA Amir-Moezzi, Dictionary of the Qur'an, ed. Robert Laffont, 2007, pp.400-402.
Mezziane Mohammed, sodomy and sex among Muslim jurists from the ninth to eleventh century. Arabica 55 (2008) p.274. Koninklijke Brill NV, Leiden, 2008 [Mohammed Mezziane, sodomy and sex among Muslim jurists from the ninth to eleventh century. Arabica 55 (2008) p.278. Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157005808X310651 DOI: 10.1163/157005808X310651].
Mohammed Hocene Benkheira, Article Sodomy, in MA Amir-Moezzi, Dictionary of the Qur'an, ed. Robert Laffont, 2007, pp.842-843.
Mohammed Mezziane, Sodomie et masculinit chez les juristes musulmans du IXe au XIe sicle. Arabica 55 (2008) 276-306. Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157005808X310651. pp. 288-289.
23:5. et qui prservent leurs sexes [de tout rapport],
6. si ce n'est qu'avec leurs pouses ou les captives qu'ils possdent , car l vraiment, on ne peut les blmer;
7. alors que ceux qui cherchent au-del de ces limites sont des transgresseurs
Mohammed Mezziane, . Arabica 55 (2008) p.283. Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/157005808X310651.
Un mineur de vingt-et-un ans est une personne ge de moins de vingt-et-un ; l'expression frquemment employe mineur de moins de vingt-et-un ans est donc un plonasme.
contenu de ce lien (les sources des lois y sont inscrites) rdig par Daniel Ottoson et publi par International Lesbian and Gay Association (ILGA)

Bibliographie

Literature

Alaa al-Aswani , , Arles, Actes Sud, 2006.
Mohamed Choukri , (1980), Paris, Seuil, 1998.
Al-Jahiz , , Paris, Rivages, 1997.
Naguib Mahfouz , (1947), Arles, Actes Sud, 2007.
Umar Ibn Muhammad Nafzawi, , Paris, Phbus, 1976.
Abo Nouws , , Paris, Sinbad, 1983 ; Actes Sud, 2009.
Djall ad-Dn Rm , , UNESCO, 1973 ; Paris, Seuil, 2003.
Saadi , , Paris, Albin Michel, 1966, 2008.
Ahmad al-Tifachi , , Paris, Phbus, 1987, 1998.

Studies

Abdelwahab Bouhdiba, , Paris, PUF Quadrige , 1986.
Malek Chebel , , Paris, Payot petite bibliothque.
Abdessamad Dialmy, , Fs, EDDIF.
Christelle Hamel, "Islam", , Paris, PUF, 2003, p. 242-247.
Afdereh Jama, ( , Salaam Press, 2008), H&O , 2010.
Frdric Lagrange, , Tradre, 2008.
Stephen O. Murray et Will Roscoe (dir.), , New York, New York University Press, 1997.
Office fdral des rfugis, Papier thmatique Maghreb Homosexualit et prostitution
Vincenzo Patan, "L'homosexualit au Moyen-Orient et en Afrique du Nord" dans , Robert Aldrich (dir.), Paris, Seuil, 2006.
Khaled El-Rouayeb, ( , Chicago, University of Chicago Press, 2009), Paris, EPEL, 2010.
Arno Schmitt et Jehoeda Sofer (dir.), , New York, Harrington Park Press, 1991.
Brian Whitaker, ( , University of California Press, 2006), ditions Demopolis, 2008.