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LGBT dalam Islam
Al-Quran mengandungi beberapa kiasan untuk kegiatan homoseksual, yang telah menyebabkan banyak exegetical dan komentar undang-undang selama berabad-abad.[37] Subjek paling jelas ditangani dalam kisah Sodom dan Gomorrah (tujuh ayat) selepas penduduk bandar meminta akses seksual kepada utusan yang dihantar oleh Allah kepada Nabi Lut a.s.[37][38][39][40] The Quranic narrative largely conforms to that found in Genesis.[37] Dalam satu ayat Al-Quran mengatakan bahawa lelaki itu "meminta para tamunya kepadanya" (Al-Quran 54:37), dengan menggunakan ungkapan yang sama dengan ayat-ayat yang digunakan untuk menggambarkan [Potiphar dan isterinya | [Joseph in Islam | Joseph]], dan dalam banyak ayat mereka dituduh "datang dengan nafsu" kepada lelaki bukan wanita (atau isteri mereka).[37] Istilah al-Quran ini adalah satu kekejian (Bahasa Arab: فاحشة, translit. fāḥiša) tidak pernah berlaku dalam sejarah dunia:
"Dan (Kami utuskan) Lot ketika dia berkata kepada kaumnya: Apa! adakah kamu melakukan perbuatan yang tidak senonoh yang mana pun di dunia tidak pernah dilakukan sebelum kamu? Sesungguhnya kamu datang kepada lelaki dengan nafsu selain perempuan; Sebaliknya awak adalah orang yang mewah. Dan jawab kaumnya adalah tidak lain dari yang mereka katakan: Peganglah mereka dari bandarmu, sesungguhnya mereka adalah kaum yang berusaha membersihkan diri. Maka Kami selamatkan dia dan pengikut-pengikutnya, kecuali isterinya; dia adalah orang-orang yang tinggal di belakang. Dan Kami turunkan hujan kepada mereka; pertimbangkanlah apa yang menjadi penghujung orang yang bersalah."[7:80–84 (Translated by Shakir)]
Kemudian kesusasteraan eksegetikal dibina di atas ayat-ayat ini sebagai penulis cuba memberi pandangan sendiri tentang apa yang berlaku; dan ada persetujuan umum di kalangan para exegetes bahawa "kekejian" yang disinggung oleh ayat-ayat Al-Quran telah cuba sodomi (khususnya hubungan dubur) antara lelaki.[37] Sesetengah aktivis Muslim gay dan lesbian moden tidak bersetuju dengan tafsiran ini, dengan alasan bahawa rakyat Lot dimusnahkan bukan kerana penyertaan dalam perbuatan seks yang sama, tetapi kerana salah laku yang termasuk menolak untuk menyembah Tuhan, mengabaikan kuasa para nabi, dan cuba merogol pengembara, jenayah yang dibuat lebih teruk oleh fakta bahawa pengembara berada di bawah perlindungan dan keramahan Lot.[41]
The sins of the people of Lut (Bahasa Arab: لوط) subsequently became proverbial, and the Arabic words for the act of anal sex between men (Bahasa Arab: لواط, translit. liwāṭ) and for a person who performs such acts (Bahasa Arab: لوطي, translit. lūṭi) ironically both derive from his name (even though Lut wasn't the one demanding sex).[42]
Only one passage in the Quran prescribes a strictly legal position. It is not restricted to homosexual behaviour, however, and deals more generally with zina (illicit sexual intercourse):[43]
"And as for those who are guilty of an indecency from among your women, call to witnesses against them four (witnesses) from among you; then if they bear witness confine them to the houses until death takes them away or Allah opens some way for them (15). And as for the two who are guilty of indecency from among you, give them both a punishment; then if they repent and amend, turn aside from them; surely Allah is oft-returning (to mercy), the Merciful. (16)"[4:15–16 (Translated by Shakir)]
Most exegetes hold that these verses refer to illicit heterosexual relationships, although a minority view attributed to the Mu'tazilite scholar Abu Muslim al-Isfahani interpreted them as referring to homosexual relations. This view was widely rejected by medieval scholars, but has found some acceptance in modern times.[37]
Some Quranic verses describing the paradise refer to "immortal boys" (56:17, 76:19) or "young men" (52:24) who serve wine to the blessed. Although the tafsir literature does not interpret this as a homoerotic allusion, the connection was made in other literary genres, mostly humorously.[37] For example, the Abbasid-era poet Abu Nuwas wrote:[44]
A beautiful lad came carrying the wine
And his eyes are big and beautiful
With smooth hands and fingers dyed with henna
And with long hair of golden curls around his cheeks ...
I have a lad who is like the beautiful lads of paradise
Jurists of the Hanafi school took up the question seriously, considering, but ultimately rejecting the suggestion that homosexual pleasures were, like wine, forbidden in this world but enjoyed in the afterlife.[37][3]
The hadith (sayings and actions attributed to Muhammad) show that homosexual behaviour was not unknown in seventh-century Arabia.[45] However, given that the Quran did not specify the punishment of homosexual sodomy, Islamic jurists increasingly turned to several "more explicit but poorly attested"[37] hadiths in an attempt to find guidance on appropriate punishment.[45]
While there are no reports relating to homosexuality in the best known hadith collections of Bukhari and Muslim, other canonical collections record a number of condemnations of the "act of the people of Lot" (male-to-male anal intercourse).[3] For example, Abu `Isa Muhammad ibn `Isa at-Tirmidhi (compiling the Sunan al-Tirmidhi around C.E.884) wrote that Muhammad had indeed prescribed the death penalty for both the active and also the passive partner:
Narrated by Abdullah ibn Abbas: The Prophet said: If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.
– Sunan Abu Daud, 38:4447, Al-Tirmidhi, 15:1456, Ibn Maajah, 20:2561
Narrated Abdullah ibn Abbas: If a man who is not married is seized committing sodomy he will be stoned to death.
Ibn al-Jawzi (1114–1200) writing in the 12th century claimed that Muhammad had cursed "sodomites" in several hadith, and had recommended the death penalty for both the active and passive partners in homosexual acts.[46]
It was narrated that Ibn 'Abbaas said: "The Prophet said: "... cursed is the one who does the action of the people of Lot."—Musnad Ahmad:1878
Ahmad narrated from Ibn 'Abbas that the Prophet of Allah said: "May Allah curse the one who does the action of the people of Lot, may Allah curse the one who does the action of the people of Lot," three times.—Musnad Ahmad: 2915
Al-Nuwayri (1272–1332) in his Nihaya reports that Muhammad is "alleged to have said what he feared most for his community were the practices of the people of Lot (although he seems to have expressed the same idea in regard to wine and female seduction)."[45]
It was narrated that Jabir: "The Prophet said: 'There is nothing I fear for my followers more than the deed of the people of Lot.'"
Other hadiths seem to permit homoerotic feelings as long as they are not translated into action.[47] One hadith acknowledges homoerotic temptation and warns against it: "Do not gaze at the beardless youths, for verily they have eyes more tempting than the houris"[48] or "... for verily they resemble the houris".[49] These beardless youths are also described as wearing sumptuous robes and having perfumed hair.[50]
In addition, there is a number of "purported (but mutually inconsistent) reports" (athar) of punishments of sodomy ordered by early caliphs.[3] Abu Bakr apparently recommended toppling a wall on the culprit, or else burning him alive,[51] while Ali bin Abi Talib is said to have ordered death by stoning for one sodomite and had another thrown head-first from the top of a minaret—according to Ibn Abbas, the latter punishment must be followed by stoning.[45]
There are, however, fewer hadith mentioning homosexual behavior in women;[52][53]but punishment (if any) for lesbianism was not clarified.
The hadith collection of Bukhari (compiled in the 9th century from earlier oral traditions) includes a report regarding mukhannathun, effeminate men who were granted access to secluded women's quarters and engaged in other non-normative gender behavior:[54]
Narrated by Abdullah ibn Abbas: The Prophet cursed effeminate men; those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, "Turn them out of your houses." The Prophet turned out such-and-such man, and 'Umar turned out such-and-such woman.
In hadiths attributed to Muhammad's wives, a mukhannath in question expressed his appreciation of a woman's body and described it for the benefit of another man. According to Everett Rowson, none of the sources state that Muhammad banished more than two mukhannathun, and it is not clear to what extent the action was taken because of their breaking of gender rules in itself or because of the "perceived damage to social institutions from their activities as matchmakers and their corresponding access to women".[54]
According to traditional Islamic law, homosexual activity cannot occur in a legal manner because it takes place outside marriage and between partners of the same sex.[55]
The paucity of concrete prescriptions to be derived from hadith and the contradictory nature of information about the actions of early authorities resulted in lack of agreement among classical jurists as to how homosexual activity should be treated.[3][2] Most legal schools treat homosexual intercourse with penetration similarly to unlawful heterosexual intercourse under the rubric of zina, but there are differences of opinion with respect to methods of punishment.[56] Some legal schools "prescribed capital punishment for sodomy, but others opted only for a relatively mild discretionary punishment."[2] The Hanbalites are the most severe among Sunni schools, insisting on capital punishment for anal sex in all cases, while the other schools generally restrict punishment to flagellation with or without banishment, unless the culprit is muhsan (Muslim free married adult), and Hanafis often suggest no physical punishment at all, leaving the choice to the judge's discretion.[1][56] The founder of the Hanafi school Abu Hanifa refused to recognize the analogy between sodomy and zina, although his two principal students disagreed with him on this point.[3] The Hanafi scholar Abu Bakr Al-Jassas (d. 981 AD/370 AH) argued that the two hadiths on killing homosexuals "are not reliable by any means and no legal punishment can be prescribed based on them".[57] Where capital punishment is prescribed and a particular method is recommended, the methods range from stoning (Hanbali, Maliki), to the sword (some Hanbalites and Shafi'ites), or leaving it to the court to choose between several methods, including throwing the culprit off a high building (Shi'ite).[56]
For unclear reasons, the treatment of homosexuality in Twelver Shia jurisprudence is generally harsher than in Sunni fiqh, while Zaydi and Isma'ili Shia jurists took positions similar to the Sunnis.[3] Where flogging is prescribed, there is a tendency for indulgence and some recommend that the prescribed penalty should not be applied in full, with Ibn Hazm reducing the number of strokes to 10.[1] There was debate as to whether the active and passive partners in anal sex should be punished equally.[58] Beyond penetrative anal sex, there was "general agreement" that "other homosexual acts (including any between females) were lesser offenses, subject only to discretionary punishment."[2] Some jurists viewed sexual intercourse as possible only for an individual who possesses a phallus;[59] hence those definitions of sexual intercourse that rely on the entry of as little of the corona of the phallus into a partner's orifice.[59] Since women do not possess a phallus and cannot have intercourse with one another, they are, in this interpretation, physically incapable of committing zinā.[59]
Since a hadd punishment for zina requires testimony from four witnesses to the actual act of penetration or a confession from the accused repeated four times, the legal criteria for the prescribed harsh punishments of homosexual acts were very difficult to fulfill.[1][58] The debates of classical jurists are "to a large extent theoretical, since homosexual relations have always been tolerated" in pre-modern Islamic societies.[1] While it is difficult to ascertain to what extent the legal sanctions were enforced in different times and places, historical record suggests that the laws were invoked mainly in cases of rape or other "exceptionally blatant infringement on public morals". Documented instances of prosecution for homosexual acts are rare, and those which followed legal procedure prescribed by Islamic law are even rarer.[3]
In her 2016 book, Kecia Ali observes that "contemporary scholars disagree sharply about the Qur'anic perspective on same-sex intimacy." One scholar represents the conventional perspective by arguing that the Qur'an "is very explicit in its condemnation of homosexuality leaving scarcely any loophole for a theological accommodation of homosexuality in Islam." Another scholar argues that "the Qur'an does not address homosexuality or homosexuals explicitly." Overall, Ali says that "there is no one Muslim perspective on anything."[60]
Many Muslim scholars have followed a "don't ask, don't tell" policy in regards to homosexuality in Islam, by treating the subject with passivity.[61]
Mohamed El-Moctar El-Shinqiti, director of the Islamic Center of South Plains in Texas, has argued that "[even though] homosexuality is a grievous sin...[a] no legal punishment is stated in the Qur'an for homosexuality...[b] it is not reported that Prophet Muhammad has punished somebody for committing homosexuality...[c] there is no authentic hadith reported from the Prophet prescribing a punishment for the homosexuals..." Classical hadith scholars such as Al-Bukhari, Yahya ibn Ma'in, Al-Nasa'i, Ibn Hazm, Al-Tirmidhi, and others have impugned the authenticity of hadith reporting these statements.[62]
Egyptian Islamist journalist Muhammad Jalal Kishk also found no punishment for homosexual acts prescribed in the Quran, regarding the hadith that mentioned it as poorly attested. He did not approve of such acts, but believed that Muslims who abstained from sodomy would be rewarded by sex with youthful boys in paradise.[63]
Faisal Kutty, a professor of Islamic law at Indiana-based Valparaiso University Law School and Toronto-based Osgoode Hall Law School, commented on the contemporary same-sex marriage debate in a March 27, 2014, essay in the Huffington Post.[64] He acknowledged that while Islamic law iterations prohibits pre- and extra-marital as well as same-sex sexual activity, it does not attempt to "regulate feelings, emotions and urges, but only its translation into action that authorities had declared unlawful". Kutty, who teaches comparative law and legal reasoning, also wrote that many Islamic scholars[65] have "even argued that homosexual tendencies themselves were not haram [prohibited] but had to be suppressed for the public good". He claimed that this may not be "what the LGBTQ community wants to hear", but that, "it reveals that even classical Islamic jurists struggled with this issue and had a more sophisticated attitude than many contemporary Muslims". Kutty, who in the past wrote in support of allowing Islamic principles in dispute resolution, also noted that "most Muslims have no problem extending full human rights to those—even Muslims—who live together 'in sin'". He argued that it therefore seems hypocritical to deny fundamental rights to same-sex couples. Moreover, he concurred with Islamic legal scholar Mohamed Fadel[66] in arguing that this is not about changing Islamic marriage (nikah), but about making "sure that all citizens have access to the same kinds of public benefits".
Some modern day Muslim scholars, such as Scott Siraj al-Haqq Kugle, argue for a different interpretation of the Lot narrative focusing not on the sexual act but on the infidelity of the tribe and their rejection of Lot's Prophethood. According to Kugle, "where the Qur'an treats same-sex acts, it condemns them only so far as they are exploitive or violent." More generally, Kugle notes that the Quran refers to four different levels of personality. One level is "genetic inheritance." The Qur'an refers to this level as one's "physical stamp" that "determines one's temperamental nature" including one's sexuality. One the basis of this reading of the Qur'an, Kugle asserts that homosexuality is "caused by divine will," so "homosexuals have no rational choice in their internal disposition to be attracted to same-sex mates."[67] Kugle argues that if the classical commentators had seen "sexual orientation as an integral aspect of human personality," they would have read the narrative of Lot and his tribe "as addressing male rape of men in particular" and not as "addressing homosexuality in general."[68] Kugle furthermore reads the Qur'an as holding "a positive assessment of diversity." Under this reading, Islam can be described as "a religion that positively assesses diversity in creation and in human societies," allowing gay and lesbian Muslims to view homosexuality as representing the "natural diversity in sexuality in human societies."[69] A critique of Kugle's approach, interpretations and conclusions was published in 2016 by Mobeen Vaid.[70]
In a 2012 book, Aisha Geissinger[71] writes that there are "apparently irreconcilable Muslim standpoints on same-sex desires and acts," all of which claim "interpretative authenticity." One of these standpoints results from "queer-friendly" interpretations of the Lot story and the Quran. The Lot story is interpreted as condemning "rape and inhospitality rather than today's consensual same-sex relationships."[72]
In their book Islamic Law and Muslim Same-Sex Unions, Junaid Jahangir and Hussein Abdullatif argue that interpretations which view the Quranic narrative of the people of Lot and the derived classical notion of liwat as applying to same-sex relationships reflect the sociocultural norms and medical knowledge of socities that produced those interpretations. They further argue that the notion of liwat is compatible with the Quranic narrative, but not with the contemporary understanding of same-sex relationships based on love and shared responsibilities.[73]
Abdessamad Dialmy[74] in his 2010 article, "Sexuality and Islam," addressed "sexual norms defined by the sacred texts (Koran and Sunna)." He wrote that "sexual standards in Islam are paradoxical." The sacred texts "allow and actually are an enticement to the exercise of sexuality." However, they also "discriminate . . . between heterosexuality and homosexuality." Islam's paradoxical standards result in "the current back and forth swing of sexual practices between repression and openness." Dialmy sees a solution to this back and forth swing by a "reinterpretation of repressive holy texts."[75]
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