ABSTRACT
This essay considers the overlap between Islamic perspectives on LGBTQ+ issues and the moral quandaries depicted in legal literary fiction. Concerning the beautiful narratives in both religious doctrine and fictional legal thrillers, my essay explores how Islamic teachings – assigned moral authority by law enforcement powers have long prohibited non-heteronormative pair-bonded relationships produce a set of juridical-ethical problems that seriously engage with contemporary discussions concerned about ‘Other peoples.’ It explores the historical and scriptural bases for these prohibitions and examines how they affect contemporary legal systems within Muslim-majority nations and public discourse surrounding morality and law. The essay further links such religious outlooks with the ethical dilemmas in legal fiction, which often depict characters wrestling with tensions between individual morals and obligations as a lawyer. Through this layering of the ethical dilemmas encountered by legal professionals in fiction and consequences shown from a real-world lens to Islamic law on LGBTQ+ issues, the essay exposes how complex acquiring social justice can be when confronting it through means controlled or governed by laws. Overall, it maintains that religious instruction and literary narrative provide much-needed perceptual frameworks for a humanizing appraisal of constitutional/human rights jurisprudence capable of awakening sensibility to the presence/responsiveness of justice/fairness/morality in an arrayed multitude upon which universal sentiments based on law-generated rules emanate from diverse epigenetic traditions.
INTRODUCTION
This essay explores how Islamic teachings and legal principles intersect, particularly when examining Islamic views on LGBTQ+ issues alongside the ethical dilemmas presented in legal literature. In many Muslim-majority countries, Islamic teachings have significantly shaped societal attitudes toward non-heteronormative relationships, drawing on religious texts like the Quran, Hadith, and even the Bible. The story of Hazrat Luut, a figure in these texts, has been interpreted in Islamic tradition as strictly prohibiting same-sex relationships, based on divine law. Legal literature often portrays the ethical challenges individuals face within the legal system, where they must balance personal ethics with professional duties. This research aims to compare these narratives with the ethical and legal issues raised by Islamic teachings on LGBTQ+ matters, highlighting how religious beliefs and legal storytelling influence our understanding of justice, morality, and law in a globalized world.
The authors will emphasize the challenges of reconciling traditional religious beliefs with modern discussions on human rights and social justice. Understanding the historical, religious, and legal contexts that shape current debates on morality, law, and human rights in Muslim-majority countries is crucial. These regions have long-standing traditions and interpretations that deeply influence their societies and legal systems. Religious doctrines, particularly those based on the Quran and Hadith, play a significant role in guiding legal decisions and shaping public opinion on LGBTQ+ rights. Many of these countries incorporate Sharia law into their legal systems, directly reflecting these religious principles and impacting contemporary legal practices and human rights discussions. Understanding how these elements are intertwined can help us navigate the complexities of applying social justice and human rights principles in these cultural and religious contexts, fostering more informed and respectful global conversations.
THE STORY OF PROPHET LUT
The story starts with Prophet Lut (peace be upon him) realizing that his people were deeply involved in wrong actions. They were not just doing wrong things; the Quran describes their actions as “filthy.” Prophet Lut warned them, saying, “Do you not fear Allah? I am a trustworthy messenger sent to you with a message to fear Allah. How can you engage in same-sex relations and prefer them over women? You are going against Allah’s commands.” Allah (subhanahu wa ta’ala) highlighted that their sin was not just in committing sodomy, but they were the first people in history to do so, which is why the term “sodomy” comes from the name of their city, Sodom.
Besides engaging in sodomy, the people of Lut were also known for their crimes, like robbing travelers. They would gather in clubs to encourage and engage in evil deeds. Prophet Lut condemned their open acts of homosexuality, which they did without any shame. He distanced himself from their actions, saying, “I am not part of you, and I will never condone your actions. I warn you of severe punishment from Allah.” In response, the people of Lut planned to expel him from their community, accusing him of being overly pure. They said, “Lut, if you don’t stop what you’re saying, we will kick you out.” Lut warned them that Allah would bring punishment upon them, advising them to choose a better path, but they challenged him, saying, “If you are truthful, bring the punishment now.”
Prophet Lut prayed to Allah for help against his people and to protect his family. In response, Allah sent three angels to Prophet Ibrahim (peace be upon him) who then proceeded to visit Lut. The angels arrived in the form of handsome men, and when Lut’s daughters saw them, they were worried about what the townspeople might do. Lut invited the angels to his home, hoping to keep them safe, but his wife betrayed him by informing the townspeople. A large crowd gathered at Lut’s house, demanding to have their way with the guests. Lut tried to reason with them, even offering his daughters in marriage as an alternative, but the people refused, stating they were only interested in the men. At this critical moment, the angels revealed their true identities to Lut and assured him that the people would not harm him. They instructed him to leave the town with his family and not look back. The next morning, the people of Sodom faced severe punishment. The angels lifted the entire town, turned it upside down, and dropped it back down. Then, stones from the sky, each marked with the name of a person, rained down, destroying the entire community, including Lut’s wife. This punishment serves as a reminder of the consequences of disobeying Allah’s commands. The remains of the town, now known as the Dead Sea, are a lasting sign of what happened to the people of Lut.
The overlap between Islamic perspectives on LGBTQ+ issues and the moral quandaries depicted in legal fiction highlights how religious teachings and legal narratives profoundly shape our understanding of justice and morality. Islamic law, rooted in the Quran and Hadith, has long prohibited same-sex relationships, reflecting a moral stance that many believe cannot coexist with the rights and freedoms championed by modern human rights discourses. The Quran’s teachings, supported by historical and scriptural foundations, present an explicit prohibition against non-heteronormative relationships, creating a firm barrier that many in Islamic societies are reluctant to challenge or reconsider. This barrier is mirrored in the ethical dilemmas faced by characters in legal fiction, where the tension between personal morals and societal obligations is often explored. The narratives suggest a conflict between individual rights and established moral frameworks in both cases, making pursuing justice and equality particularly complex. However, the situation is not uniform across all Muslim-majority nations. Some countries, like Lebanon, have begun to challenge these traditional prohibitions. In 2014, a judge in Lebanon’s Jdeideh court invalidated Article 534 of the Lebanese penal code, effectively decriminalizing homosexuality. Additionally, the Lebanese National Center for Psychiatry has declassified non-heterosexual orientations as mental disorders, signaling a shift towards greater acceptance. Similarly, in Kazakhstan, same-sex sexual activity is legal, though same-sex couples still lack many of the legal protections afforded to heterosexual couples. These examples show that even within the Islamic world, there are varying degrees of acceptance and legal recognition of LGBTQ+ rights. In contrast, India, a country where multiple religions coexist, faces its own set of challenges. The deeply rooted religious beliefs in Indian society can make the acceptance of LGBTQ+ rights contentious, potentially leading to societal friction. The coexistence of different religious and moral perspectives creates a complex landscape where legal and ethical norms are constantly negotiated and redefined., while Islamic law has traditionally opposed same-sex relationships, there are instances where these prohibitions are being challenged, both within the Islamic world and in diverse societies like India. This ongoing tension between religious doctrines, legal frameworks, and individual rights underscores the difficulty of achieving social justice in a world where deeply held beliefs and modern values often collide.
ITS INTERPRETATION
The story of Prophet Lut is mentioned in both the Quran and the Bible, with similar themes. The Quran describes how the people of Lut engaged in acts that were considered immoral, including same-sex relations, and how God ultimately punished them through the destruction of their city. While the Quranic narrative does not specify that “everyone” in the town engaged in these acts, it does emphasize that the behavior was widespread and that the community had deviated from moral and ethical standards. Islamic teachings often use this story as a moral lesson about the consequences of turning away from God’s guidance and engaging in what is considered sinful behavior.
Islam, like many other religious traditions, maintains the belief in the existence of two primary genders—male and female—as part of its understanding of human nature and creation. This belief is rooted in Islamic teachings and scriptures, including the Quran and Hadith, which emphasize the complementary roles of men and women in society and family life.
Creation Narrative: Islamic teachings are based on the belief that God created humanity in male and female pairs to complement each other and fulfill specific roles within the family and society. This is often cited from verses in the Quran, such as Surah An-Nisa (4:1), which mentions the creation of humans from a single soul and its mate.
Reproduction and Continuity of Life: Islam emphasizes the importance of marriage between a man and a woman for procreation, which ensures the continuation of human life. The natural biological reproduction process is crucial to fulfilling God’s command to multiply and maintain the human race.
Story of Prophet (Lut): The story of Prophet Lut (peace be upon him) is often cited in discussions about homosexuality in Islamic teachings. According to the Quran, the people of Lut engaged in same-sex relations, and God condemned this behavior. The punishment that befell them is described as a divine response to their transgressions, including their rejection of traditional heterosexual relationships.
Scientific Perspective on Reproduction: From a biological standpoint, sexual reproduction is essential for the continuation of many species, including humans. The argument often presented in religious contexts is that if everyone were to engage exclusively in same-sex relationships, natural reproduction would cease, leading to the extinction of humanity. This line of reasoning aligns with the traditional view that heterosexual relationships are necessary for the survival of the human species.
Different Interpretations and Views: It’s important to note that interpretations of religious texts can vary, and other scholars and communities may emphasize different aspects of these teachings. While traditional Islamic teachings uphold the belief in two genders and the importance of heterosexual marriage, there are also ongoing discussions and debates within Muslim communities about gender identity and sexual orientation and how these issues should be understood in the context of contemporary society.
The emphasis on two genders and the condemnation of same-sex relations in Islam is rooted in religious teachings, particularly the creation narrative and the story of Prophet Lut. These teachings are intertwined with the belief in the importance of reproduction and the continuation of human life, which is a crucial aspect of fulfilling God’s will. However, interpretations and discussions on these topics can vary, reflecting the diversity of thought within the Muslim world.
RELIGIOUS PERSPECTIVE
Islam traditionally recognizes only two genders: male and female. The concept of a third gender is not explicitly mentioned in the Quran, and this has influenced the understanding and interpretation of gender roles within Islamic teachings. According to traditional Islamic jurisprudence, individuals are expected to align with the gender that corresponds to their biological sex, which is typically determined by their physical traits, such as the presence of more estrogen or testosterone. For those born with intersex traits or those who identify as transgender, Islamic teachings suggest that they should align with one of the two recognized genders based on their predominant physical or psychological traits. However, the idea of transitioning to a gender that is different from one’s assigned sex at birth is generally considered haram (forbidden) in Islam because it is seen as altering the natural order created by Allah. Given that the Quran does not explicitly recognize a third gender, extending specific rights to individuals who identify as transgender or non-binary becomes challenging within traditional Islamic frameworks. This lack of recognition has led to limited legal and social protections for transgender individuals in many Muslim-majority countries. The tension between traditional religious views and the modern understanding of gender identity raises significant ethical and legal questions. It challenges how societies can reconcile deeply held religious beliefs with contemporary inclusivity and human rights demands. As the discourse around gender identity continues to evolve globally, these questions remain central to ongoing debates about justice, fairness, and morality in Islamic contexts.
Fazailee Sadkath, Fazailee Aamaal, Bhahisthi Zevar, And Mizbahul Makatib—are significant texts within the Islamic tradition, particularly in certain schools (Hanafia, Maaliki and shafii) of thought. These texts, like many other Islamic religious books, emphasize adherence to traditional gender roles and norms, reinforcing the idea that there are only two recognized genders in Islam: male and female. These books generally align with the teachings found in the Quran and Hadith, advocating for preserving what is seen as the natural order created by Allah. The texts often emphasize the importance of maintaining moral and ethical behavior by Islamic principles, and any deviation from these norms, including the acceptance of non-binary or transgender identities, is often viewed as haram (forbidden). Fazailee Aamaal is a collection of Islamic teachings and stories encouraging piety and adherence to Islamic law. Bhahsthi Zevar, a detailed manual for personal conduct, particularly for women, also reinforces traditional gender roles. These texts, along with others like Fazailee Sadkath and Mizbahul Makatib, serve as guides for Muslims daily, stressing the importance of following the prescribed religious and moral codes. In this context, the lack of recognition of a third gender in these texts reflects the broader Islamic view that gender is binary and that individuals should conform to the gender roles prescribed by their biological sex. This perspective further complicates the possibility of extending rights or recognition to transgender or non-binary individuals within traditional Islamic frameworks, as these concepts do not align with the teachings found in these holy books. As such, the religious and cultural norms outlined in these texts continue to influence the way gender and sexuality are understood and regulated in Muslim communities, making it challenging to integrate modern concepts of gender identity and rights into these traditional frameworks.
ETHICAL DILEMMAS IN LEGAL FICTION
Ethical dilemmas in legal fiction often revolve around the tension between personal ethics and professional obligations. Characters such as lawyers, judges, and other legal professionals find themselves in situations where their moral compass is at odds with their duties under the law. For instance, a lawyer might be morally opposed to defending a client they believe guilty, yet their professional responsibility compels them to provide the best possible defense. Similarly, a judge might be convinced of a defendant’s innocence but feel bound by the letter of the law, which requires a ruling that contradicts their judgment. These scenarios highlight a fundamental principle in law: the supremacy of the law itself. The legal system is built on the notion that the law is the ultimate authority, and legal professionals must adhere to it, even when it conflicts with their personal beliefs. The law is designed to provide a structured and impartial framework for resolving disputes, and it aims to administer justice based on established rules and precedents rather than individual moral perspectives. However, this adherence to the law can sometimes lead to challenging situations where the distinction between right and wrong becomes blurred. Legal professionals may find themselves questioning whether the law, as it stands, truly serves justice in every case. Despite these challenges, the legal system operates on the belief that, over time, the law evolves to reflect societal values and that its consistent application ultimately serves the greater good. Legal fiction is a powerful tool for exploring these ethical dilemmas, offering readers a nuanced view of the complexities of balancing legal obligations with personal morality. The narratives underscore that while the law strives to deliver justice, it is also a human construct subject to interpretation, revision, and, at times, critique. Through these stories, we gain insight into the delicate interplay between law, ethics, and justice and the ongoing struggle to navigate these often conflicting forces.
CONCLUSION
The emphasis on two genders and the condemnation of same-sex relations in Islam is rooted in religious teachings, particularly the creation narrative and the story of Prophet Lut. These teachings are intertwined with the belief in the importance of reproduction and the continuation of human life, which is a key aspect of fulfilling God’s will. However, interpretations and discussions on these topics can vary, reflecting the diversity of thought within the Muslim world. In conclusion, it is essential to recognize that no religion inherently advocates for the killing of individuals based on their actions or beliefs, especially when those actions do not cause harm to others. Religious teachings often emphasize the importance of compassion, understanding, and justice. If an individual’s actions are personal and do not disrupt the well-being of others, it is not the role of society to impose punishment. However, if certain behaviors or actions significantly impact others or disturb the social order, it may be necessary to take appropriate steps to address the situation. These steps should be guided by principles of fairness, justice, and the protection of the community, rather than by harsh or unwarranted measures.