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Homosexuality Rights with Islamic Laws


Author: Isha Bharti

Designation: First yr BA LLB (HONS.) Student, ILS Law College, Pune

Contact: +91-70********

Email: 28ishabharti@gmail.com


HOMOSEXUALITY RIGHTS WITH ISLAMIC LAWS


INTRODUCTION

Homosexuals are traditionally and historically defined in Islamic practices. But Muslim groups not only disagree with LGBT rights but also refuse in some cases to recognize the identity of homosexuals. Brutal sentences, bigotry, and the alienation of LGBT people from society are sanctified by history, custom, and, essentially, religious standards. Government leaders and politicians from Muslim-majority and Muslim nations freely use the Muslim faith to justify human rights violations against gay people, such as treating them as second-class citizens or claiming homosexuality to be a wrong worse than homicide.

SUNNAH LAW

The Sunnah is the Muslim law's second most important source. In terms of legitimacy, it is second only to the Quran. It is noteworthy that Allah granted the Prophet Muhammad saw the power to establish laws:

"So take what the messenger gives you, and refrain from what he prohibits you." It is also noteworthy that without Sunnah, no one will comprehend the Quran.

The Quran, for example, doesn't always advise us on how to do Salat. The Prophet reveals the process. The Quran and the Sunnah are never at odds with one another. The Sunnah is nothing more than continuity and clarification of the Quran. Where even the Quran is quiet, the Sunnah is a symbol of knowledge. For E.g., the Prophet ordered his companions to put the Quran in writing, and at the time of the Prophet, the whole Quran was written down. This dispersed Quran was brought in book form by Abu Bakr. When the Prophet allowed Muaz bin Jabal is using his power since a direct response could not be established in the Quran and Sunnah, this is an example of ijma.

The Quran and Sunnah, make no mention of consuming narcotics or intoxicating drinks, but they do make drinking wine illegal. Since both wine and opioids trigger a lack of senses, consuming narcotics is often considered illegal or Haraam. Once the Prophet allowed Muaz bin Jabal to use his power since a clear response could not be established in the Quran and Sunnah, this is evidence of Qiyas.


HOMOSEXUALITY RIGHTS

There is an abnormal view of LGBT people in countries such as Iran, Pakistan, and Malaysia. Police arrests are common, and attempts by the media to promote equal rights are automatically censored. Additionally, religious preachers who claim that homosexuality is against nature and that Islam cannot accommodate homosexuality are ultimately responsible for the rise in hate speech directed toward LGBT people - hate speech that is evident in both Muslim-majority countries and in Muslim diaspora organizations. The psychological guilt from amending their penal codes or other unconstitutional statutes periodically is a consequence of the state's unconstitutional acts.

This resulted in LGBT people in Muslim countries having their rights severed. When they are able to openly admit they are homosexual, they are marginalized, subjected to parental and/or conjugal abuse, swallowed up by the sex industries of their country, or forced into exile. Marriage between heterosexual men and women is by far the most important form of sexual interaction in Islam since it is the only legal and religiously valid form of sexual interaction between consenting heterosexual partners. However, the Quran remains optimistic regarding the celebration of sexual plurality despite its focus on legitimizing and regularizing heterosexual activity through marriage.

SUNNAH WITH RESPECT TO HOMOSEXUALITY

There is no denying that this is often a big thing that plays a neighbourhood in the formulation of legal rulings and judgments. All folks have our biases as a product of our self-interests. But also the social, historical, and political context we grew up in and are a neighbourhood of. It is no denying there's a deep-rooted dislike of LGBT folk in our societies. This could even be a reason why there's a scarcity of the diversity of opinions in the issue- because exploration and discussion are stalled from the very beginning. Even today, if someone were to return out and suggest an alternate opinion to the mainstream, this can end in their social or career suicide- even branded an apostate/kaafir. The circumstances to permit for exploration into the difficulty, to precise diversity of opinion was and still is extremely difficult.

As though accepting homosexuality to be okay is placed on an equivalent level as associating partners with Allah. Notice how you'll have Muslims who would commit major crimes that are against Islam. And yet nobody is looking that person a kaafir. This seems to be reserved for those that support LGBT+ rights. Because of this issue, Fellow Muslim brethren considering the prospect of leaving the religion, facing the prospect of disbandment by the families, serious psychological state issues, forced marriages, sham marriages that ultimately cause broken homes, and a lifetime of loneliness and celibacy.

CONCLUSION

The continuation of patriarchal institutions and policies that repress LGBT rights has additional harmful implications and repercussions, including concerns about teen sexual education, asylum claims treatment, and world population health. It is argued that, while the landmark 2018 court decision and the 2014 NALSA judgment were significant steps forward in the progression of LGBT+ rights issues in India. However, LGBT Indians are not treated equally and do not have the same rights as straight people. Furthermore, they continue to face abuse and injustice in all aspects of life. It is important to teach the public about LGBT rights. Human rights are inherent, untouchable rights that are bestowed upon all at birth. People must recognize that homosexuals are not ill, that they are not aliens, and that their sexual identity is perfectly compatible.





#Homosexuality

#HOMO

#LGBT

#LGBTRights

#NALSA

#IslamicLaws

#samesexmarriage

#equalityforall

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