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Shari'ah (Islamic Law): Difference between revisions
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Homosexuality under Islamic law, is a punishable crime. How it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty. In the Hanafi school of thought, the homosexual is first punished through harsh beating, and if he/she repeats the act, the death penalty is to be applied. As for the Shafi`i school of thought, the homosexual receives the same punishment as adultery (if he/she is married) or fornication (if not married). This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times. Hence, the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication, while the Hanafi differentiates between the two acts because in homosexuality, anal sex [something that is prohibited, regardless of orientation] may also be involved, while in adultery [and fornication], the penis/vagina (which are reproductive parts) are involved. Some scholars [based on the Qur'an and various ahadith] hold the opinion that the homosexual should be thrown from a high building or stoned to death<ref>”So when Our punishment came upon the people of Lut, We turned the city upside down and showered them with stones of baked clay, one after another.{{Quran|11|82}}</ref> as a punishment for their 'crime', but other scholars maintain that they should be imprisoned until death. <ref>[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545556 IslamOnline.net - Death Fall as Punishment for Homosexuality] </ref> Another view is that between two males, the active partner is to be lashed a hundred times if he is unmarried, and killed if he is married; whereas the passive partner is to be killed regardless of his marital status.<ref>See the chapter on "hudud" in Sharaya and Sharh Lum'a also al-Khu'i, Takmilah, p. 42-44.</ref> Within the context of Islamic thought, hostility towards homosexuality originated from the Islamic prophet Muhammad. Muhammad had stated, ''“If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.”''<ref>{{Abudawud|38|4447}}</ref> He even went so far as to condemn the “appearance” of homosexuality, when he cursed effeminate men and masculine women and ordered his followers to ''"Turn them out of your houses."''<ref>{{Bukhari|7|72|774}}</ref> This ruling on homosexuals was naturally adopted by his later successors. The father of Aisha and Muhammad’s first successor, Abu Bakr, had a homosexual burned at the stake. The fourth caliph, Muhammad’s son-in-law Ali, ordered homosexuals to be stoned, and even had one thrown from the minaret of a mosque.<ref>[http://97.74.65.51/readArticle.aspx?ARTID=20145 Islam's Love-Hate Relationship with Homosexuality] - Serge Trifkovic - FrontPageMag, January 24, 2003 </ref> | Homosexuality under Islamic law, is a punishable crime. How it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty. In the Hanafi school of thought, the homosexual is first punished through harsh beating, and if he/she repeats the act, the death penalty is to be applied. As for the Shafi`i school of thought, the homosexual receives the same punishment as adultery (if he/she is married) or fornication (if not married). This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times. Hence, the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication, while the Hanafi differentiates between the two acts because in homosexuality, anal sex [something that is prohibited, regardless of orientation] may also be involved, while in adultery [and fornication], the penis/vagina (which are reproductive parts) are involved. Some scholars [based on the Qur'an and various ahadith] hold the opinion that the homosexual should be thrown from a high building or stoned to death<ref>”So when Our punishment came upon the people of Lut, We turned the city upside down and showered them with stones of baked clay, one after another.{{Quran|11|82}}</ref> as a punishment for their 'crime', but other scholars maintain that they should be imprisoned until death. <ref>[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545556 IslamOnline.net - Death Fall as Punishment for Homosexuality] </ref> Another view is that between two males, the active partner is to be lashed a hundred times if he is unmarried, and killed if he is married; whereas the passive partner is to be killed regardless of his marital status.<ref>See the chapter on "hudud" in Sharaya and Sharh Lum'a also al-Khu'i, Takmilah, p. 42-44.</ref> Within the context of Islamic thought, hostility towards homosexuality originated from the Islamic prophet Muhammad. Muhammad had stated, ''“If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.”''<ref>{{Abudawud|38|4447}}</ref> He even went so far as to condemn the “appearance” of homosexuality, when he cursed effeminate men and masculine women and ordered his followers to ''"Turn them out of your houses."''<ref>{{Bukhari|7|72|774}}</ref> This ruling on homosexuals was naturally adopted by his later successors. The father of Aisha and Muhammad’s first successor, Abu Bakr, had a homosexual burned at the stake. The fourth caliph, Muhammad’s son-in-law Ali, ordered homosexuals to be stoned, and even had one thrown from the minaret of a mosque.<ref>[http://97.74.65.51/readArticle.aspx?ARTID=20145 Islam's Love-Hate Relationship with Homosexuality] - Serge Trifkovic - FrontPageMag, January 24, 2003 </ref> | ||
Exact figures are hard to determine, due to the political turmoil in many of the Islamic states, but homosexual relationships, acts or behaviour are currently forbidden in approximately thirty-six Islamic countries including Afghanistan, Algeria, Bahrain, Bangladesh, Brunei, Djibouti, Egypt, Eritrea, Gambia, Guinea, Guinea Bissau, Indonesia, Iran, Kuwait, Lebanon, Libya, Malaysia, Maldives, Mauritania, Morocco, Sharia areas of Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Sierra Leone, Somalia, Sudan, Syria, Tanzania, Tunisia, Turkmenistan, the United Arab Emirates, Uzbekistan and Yemen, with punishments including anything from a fine up to life imprisonment. <ref>[http://en.wikipedia.org/wiki/LGBT_issues_and_Islam#Homosexuality_laws_in_Muslim_countries WikiPedia - Homosexuality laws in Muslim countries]</ref> <ref name="IL">{{cite web |url=http://www.iranian.com/Letters/1999/September/gay.html |title=The Iranian Letters - The New Dark Ages |archiveurl=http://archive.is/20120915/http://www.iranian.com/Letters/1999/September/gay.html |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> Worse still, ten of those countries out of the thirty-six impose the death penalty for homosexuals. They are Iran, Mauritania, Nigeria, Pakistan, Saudi-Arabia, Somalia, Sudan, United Arab Emirates, Yemen and some states in Malaysia.<ref> [http://www.sodomylaws.org/world/malaysia/mynews033.htm Malaysian State Legislature Passes Bill on Strict Islamic Criminal Code] </ref> According to the Iranian gay and lesbian rights group Homan, the Iranian government alone has put to death an estimated 4,000 homosexuals since the Islamic revolution of 1979.<ref name="IL"/> In the secular nation of Turkey, a country which is often held-up as a poster-child for | Exact figures are hard to determine, due to the political turmoil in many of the Islamic states, but homosexual relationships, acts or behaviour are currently forbidden in approximately thirty-six Islamic countries including Afghanistan, Algeria, Bahrain, Bangladesh, Brunei, Djibouti, Egypt, Eritrea, Gambia, Guinea, Guinea Bissau, Indonesia, Iran, Kuwait, Lebanon, Libya, Malaysia, Maldives, Mauritania, Morocco, Sharia areas of Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Sierra Leone, Somalia, Sudan, Syria, Tanzania, Tunisia, Turkmenistan, the United Arab Emirates, Uzbekistan and Yemen, with punishments including anything from a fine up to life imprisonment. <ref>[http://en.wikipedia.org/wiki/LGBT_issues_and_Islam#Homosexuality_laws_in_Muslim_countries WikiPedia - Homosexuality laws in Muslim countries]</ref> <ref name="IL">{{cite web |url=http://www.iranian.com/Letters/1999/September/gay.html |title=The Iranian Letters - The New Dark Ages |archiveurl=http://archive.is/20120915/http://www.iranian.com/Letters/1999/September/gay.html |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> Worse still, ten of those countries out of the thirty-six impose the death penalty for homosexuals. They are Iran, Mauritania, Nigeria, Pakistan, Saudi-Arabia, Somalia, Sudan, United Arab Emirates, Yemen and some states in Malaysia.<ref> [http://www.sodomylaws.org/world/malaysia/mynews033.htm Malaysian State Legislature Passes Bill on Strict Islamic Criminal Code] </ref> According to the Iranian gay and lesbian rights group Homan, the Iranian government alone has put to death an estimated 4,000 homosexuals since the Islamic revolution of 1979.<ref name="IL"/> In the secular nation of Turkey, a country which is often held-up as a poster-child for moderate Islam, persecution and violence against homosexuals [along with [[Persecution of Non-Muslims|non-Muslim minorities]]] is on the rise, with eleven gays being killed within the first half of 2009 .<ref>[http://www.ansamed.info/en/news/[email protected] homosexuals in turkey: istanbul week for gay rights] </ref> | ||
====Lack of hijab/un-Islamic dress==== | ====Lack of hijab/un-Islamic dress==== | ||