Islamic Law and Muslim Same-Sex Unions by Junaid Jahangir & Hussein Abdullatif

Author:Junaid Jahangir & Hussein Abdullatif [Jahangir, Junaid & Abdullatif, Hussein]
Language: eng
Format: epub, azw
Publisher: Lexington Books
Published: 2016-10-02T22:00:00+00:00

Chapter 6

Addressing the Opinions of Contemporary Scholars

Some contemporary Muslim leaders wield enough power among Muslim masses and as such are in a position to shape the discourse on the concerns of Muslim gays and lesbians. They fall back to the Qur’an, Hadith, and juristic literature, which were critically reviewed in the previous chapters, to formulate strong opinions on same-sex relationships. In what follows, the arguments brought by some conservative Muslim leaders will be critically addressed. These arguments include viewing orientation as a desire or urge and as a social construct based on French philosopher Michel Foucault’s (d. 1984) opinions. The argument that same-sex orientation goes against the Islamic concept of fiṭra—inclination of the soul toward monotheism—will also be addressed indicating that like the argument that borrows from Foucault, the fiṭra-based argument is a modern invention. Having reviewed these three arguments that characterize same-sex orientation, the charges of apostasy will be addressed. The prescription of lifelong celibacy will be critiqued, along with arguments based on consensus, texts, obedience, and trials. Miscellaneous arguments used by contemporary scholars will be addressed next, thereby setting the stage for the arguments for same-sex unions in chapter 7.

Developments in psychology and a changed medical paradigm may necessitate a renewed approach for the issue of any possible right to same-sex legal relationships for gays and lesbians. Some contemporary scholars issue opinions based on classical juristic manuals and the statements of Ḥanbalī scholars like Ibn Taymiyya (d. 1328). However, others use arguments alluding to fiṭra (nature); for instance, Moiz Amjad (a Pakistani scholar) has opined that from an intellectual perspective, “homosexuality,” in contrast to sexual relationships outside nikāḥ (marriage) between men and women, is a natural prohibition instead of a religious prohibition.1 However, as will be demonstrated in the following, the arguments made by several contemporary scholars appear to be selective in that they do not take into account the full breadth of classical Muslim opinions.

6.1 DESIRE VERSUS ORIENTATION

Some conservative Muslim preachers reject the innateness of sexual orientation of gays and lesbians by referencing the Qur’anic verses and Hadith texts—sayings attributed to the Prophet—on the people of Lūṭ, to argue that God cannot make people gay and then punish them for their behavior for that would entail that God is unjust.2 Several such thinkers, preachers, and other professionals sideline the viewpoints upheld by mainstream psychological and psychiatric professional bodies, and view the sexual orientation of gays and lesbians as constituting base desires or categorize it within a context that includes khawāṭir al-shayṭān (satanic whims).3

In contrast, the Qur’anic verse 3:47 indicates that Allah creates whatsoever He wills, and opposing the more zealous jurists, several past Muslim jurists defended their composition of love poetry in praise of the beauty of beardless youth arguing that one cannot prohibit what God made licit and that one ought not to think ill of fellow Muslims.4 Putting aside the issue of pederasty for a while, and in contrast to several contemporary Muslim thinkers, many past jurists, including the more conservative scholars like Ibn Taymiyya,5 (d.

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