Posted by: Lloyd Becker | June 3, 2014

Islam and Homosexuals

Homosexuality has been prevalent since the dawn of recorded history and well before the advent of Islam. Even the Greeks had proliferated homosexuality in bearing gifts to a family, so the winner of the Olympics could violate their family’s son to have their pleasure. Homosexuality is a conundrum of a reprobate mind that insists in tearing apart the standard meaning of what GOD had set down in which a man and a woman should engage.

In this paper, I will cover some aspects that under Islam speak specifically about homosexuality and State laws that specifically pertain to sodomy. Islam has specific statements from the Qur’an and the Hadith and State laws are laws that were based on Judeo-Christianity.

Let me add a disclosure here. Much of what you will read are but a reiteration from the Qur’an and the Hadith and plus, whatever State laws may cover. While the commentaries are mine, I did not write the Qur’an, or the Hadith, or any of the State laws. The Qur’an has some specifics about homosexuality and the Hadith provides further guidance. Some State laws are specific on sodomy and will be generally discussed, but, Sharia Law is specific in its dealings with people in their public and private lives.

The Opening

Homosexuals, since the early 2000s, have been making major strides, while in the 1990s, under Clinton, he signed into law, Don’t Ask, Don’t Tell (DADT). Since then the gay community has been further building its coalition to include bisexuals and trans-genders. Since this coalition has been built, homosexuals have gone on wild-hair rants, such as David Kupelian indicates of an Ohio State University professor, J. F. Buckley.

People like Buckley tend to lash out at people, not because they are afraid of others, they lash out because they are afraid of what they have become. Successful gays in society are well-to-do and are comfortable with being themselves. The other gays tend to make the problem and these are the ones who open themselves to criticism. The more they continue to lash out, the more phobic they become. Yes, they know something is wrong, especially with their lifestyle, but the ruckus they create, they are still looking for more approval of their problematic lifestyle.

David Kupelian asked one very important question. Where and when will this “gay rights” steamroller stop? The remainder of this paper may answer that question. But, the more ruckus they create, the better it is for the Muslim to find them.

Again, this paper will draw from references of the Qur’an and the Hadith as it concerns homosexuality. Any views that reference Christianity will be cursory and will be only part of the commentary (if any), but the basis will consist of Islam, homosexuality and State laws.

The Qur’an and the Hadith

Considering the position on homosexuality under Islam, one must understand its train of thought. Islam under Muhammad, the founder of Islam, had no tolerance for homosexuality.

The Religion of Peace not only disapproves of homosexuality, it considers it a major crime in which the perpetrators are condemned to death because it is considered a vile form of fornication (RoP). According to the Hadith Number 4462, Abu Dawud stated, “Whoever you find doing the action of the people of Loot, execute the one who does it and the one to whom it is done”. The Hadith of Al-Tirmidhi also stated this of Muhammad, “Whoever is found conducting himself in the manner of the people of Lot, kill the doer and the receiver”. (The people of Loot (Lot); Genesis 18 & 19). Yet, the Ayatollah, Abdollah Javadi-Amoli of Iran said, homosexuals are inferior to dogs and pigs. This statement of the Ayatollah is rather exceptional, because in Verses 5:59-60, the Qur’an called the Jews and the Christians, “apes and swine”.

Islam basically accepts capital punishment (death penalties) for certain crimes. Fasad fil-ardh (spreading mischief in the land), the crimes associated with this can be treason, or homosexual activity. Though treason and the death penalty is a common factor in crimes and punishment, homosexual activity fits well among this list of capital punishment as it concerns Islam (BBC). Nonetheless, the Shamaa-il Tirmidhi has ranked the major sins under Islam, the first being murder with homosexuality being ranked third and generally major sins are met with the death penalty, but, it is beyond comprehension that theft, or breaking a fast during Ramdhaan (Ramadan) would be a capital offense, yet, in Islam it is.

Like our system, considering the US Constitution as a fixed set of rules, the 5 Pillars of Islam are the same. What does change, are laws that are placed on these documents such as the United States Codes for the Constitution and Sharia for the 5 Pillars. Each set of laws are interpreted from these primary documents. Since Sharia is a combination of the Qur’an and the Hadith, Sharia sets forth the rules about homosexuality, whereas, the United States Codes does not address homosexuality, directly, or indirectly. Sharia also refers to the canon law of Islam (Hakeem, 2012). Although, referred to as the totality of Allah’s Commandments, it is an infallible ethical guide.

Islam, according to the Islamic School of Law, the followers of Islam, is separated into two divisions, which are the Sunni and the Shia. The Sunni believes in the Caliphate and the Shia believes in the Imamate. While both believe in the 5 Pillars of Islam, they are both generally at odds with each other as it concerns the Haram (activities that are forbidden). Accordingly, Haram includes homosexuality.

The penal scheme of Sharia in some ways, parrots the penal scheme of the Jews prior to the birth of Christ. The Islamic Conscience acts as a social force to reduce crime (Hakeem, 2012) and homosexuality is one of those crimes indicated through the Sharia, the Qur’an and the Hadith. Punishments are derived from Divine Law, such as the Qur’an and the Hadith and their penal philosophies are similar to the views of Western philosophies. Yet, under Sharia, the three categories are Al-Hudud; Al-Qisas and Al-Taazir. Under the Al-Hudud, specifically is another classification which is Al-Zina (illicit sexual relations); in which homosexuality is included. As I understand the Al-Qisas, these are more like torts, to some degree.

Taazir is a form of discretionary punishment for transgressions against GOD, the only difference is Al-Hudud is fixed in the manner in which a judge can deliver punishments, whereas, Al-Taazir’s punishments are not fixed. Notwithstanding, the Qur’an and the Hadith expressly says to punish them both, regarding homosexuality. As indicated in the Qur’an, the Qur’an does not basically state to kill the homosexual the Hadith provides that guidance, primarily, the Hadith of Abu Dawud and Al-Tirmidhi. Al-Taazir can be used for the death penalty of homosexuals based on the fact that this act is habitual and will not cease (Hakeem, 2012).

According to the Taliban in 1998 (Arlandson, n.d.) they ordered the execution of three homosexuals by burying them alive under a pile of stones with a wall pushed on top of them. The rule was, if they survive, they were to be set free. Case in point; they died. Iran in 1991, adopted a Constitution which contained the extreme punishment for the execution of sodomy (Arlandson, n.d.). When speaking of homosexuality, the context of sodomy is prevalent in each homosexual home, or encounter. The Constitution also goes on to say that if they repent, the judge may waive the death penalty.

In Verse 4:16 of the Qur’an, referencing two men committing a lewd act, punish them both, but, if they repent, leave them alone. Although, the Qur’an did not make a clear statement on homosexuality, the Hadith provided clearer guidance.

The Prophet Muhammad also cursed the effeminate men and the women who assumed the manners of men (Arlandson, n.d.). Though, stoning is one of the capital punishments afforded to the homosexuals, homosexuals, according to the Mushkhat-al-Masabih, they can be burned to death. Nevertheless, under a newer school of thought, the legal punishment for homosexuality can be reduced to flogging.

State Laws on Sodomy

Sodomy is nothing more than unnatural sex acts, yet, after ten years of a US Supreme Court decision which struck down the anti-sodomy laws, 14 states still have anti-sodomy laws still on their books. Although, four States outlaw “gay sex”, the other ten States have prohibitions against sodomy which would include partners of any sex (Millhiser, 2013). Let us consider this, whether all States have prohibitions against sodomy, or not, under Islam, States will outlaw sodomy due to the direction we are headed. States are condemning Christianity and picking up the mantle of Islam. Michigan, if I am correct, the courts have allowed Sharia to be used as part of their judicial system. In that case, Michigan can use Al-Zina, or Al-Taazir in deciding cases regarding homosexuality.

While the US Supreme Court basically says the law cannot control consenting adults, Islam does the opposite. It controls all aspects of everyday life, public, or private. The concern is, is that, the States that do not have a ban on sodomy, when Islam takes over, the Muslims will know where the homosexuals live and they will be killed.

Concluding, is Islam a Religion of Peace? Not at all! Homosexuals being as specific as they are, they are in dire straits of being killed, or at the least, of being flogged. Each time the homosexuals exert their position to be recognized, they are one step closer to be annihilated. They actually believe they will be protected by “hate” laws. The Hadith of Abu Dawud and Al-Tirmidhi spells out the punishment of homosexuality and any “hate” law on the books that benefit the homosexuals will have no effect.

 

References:

Arlandson, J. M. (n.d.) Sharia sure ain’t gay: Muhammad and the homosexual. Extracted from: http://www.answering-islam.org/authors/arlandson/homosexuals.htm

BBC (2009). Capital punishment. Extracted from: http://bbc.co.uk/religion/religions/islam/islamethics/capitalpunishment.shtml

Hakeem, F. B. et al. (2012). Chapter 2: The Concept of Punishment Under Sharia. Policing Muslim Communities: Comparative International Context, DOI 10.1007/978-1-4614-3552-5_2 © Springer Science + Business Media New York 2012, pgg 7-21.

Kupelian, D. (2014). MEET THE NEW FASCISTS – AND THEIR VICTIMS. Extracted from: http://www.wnd.com/2014/05/meet-the-new-fascists-and-their-victims

Millhiser, I. (2013). Is Sodomy Illegal? Extracted from: http://thinkprogress.org/justice/2013/04/09/1835221/10-years-after-they-were-declared-unconstitutional-14-states-still-have-sodomy-laws

RoP (n.d.). Homosexuality. Extracted from: http://www.thereligionofpeace.com/quran/026-homosexuality.htm

Tirmidhi, Shamaa-il (n.d.). Shamaa-il Tirmidhi, Chapter 021, Hadith Number 002 (124). Extracted from: http://www.hadithcollection.com/shamaa-iltirmidhi/289-tirmidhi-chapter-21-the-pillow-of-rasoolulah/329-shamaa-il-tirmidhi-chapter-021-hadith-number-002-124.html

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