Muslim World Journal of Human Rights Volume 4, Issue 1 2007 Article 7 THE TRANSNATIONAL MUSLIM WORLD,HUMAN RIGHTS, AND THE RIGHTS OF WOMEN AND SEXUAL MINORITIES Dual Subordination: Muslim Sexuality in Secular and Religious Legal Discourse in India Aziza Ahmed∗ ∗
[email protected] Copyright c 2007 Berkeley Electronic Press. All rights reserved. Dual Subordination: Muslim Sexuality in Secular and Religious Legal Discourse in India∗ Aziza Ahmed Abstract Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India’s patriarchal religious judicial structures only to find that the secular system’s patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might at- tempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws “give meaning” to sexuality through the legal structures manifested by state and religious regula- tory bodies and argues that both religious and state legal institutions need to be reformed to create a legal environment that furthers rather than inhibits a full realization of sexual rights. KEYWORDS: India, Islamic Law, LGBT rights, human rights ∗Aziza Ahmed holds a law degree from the University of California, Berkeley and a MS in Popu- lation and International Health from the Harvard School of Public Health. She has worked with the Planned Parenthood Association of South Africa and was a former consultant for the United Na- tions Development Fund for Women (UNIFEM), the United Nations Children’s Fund (UNICEF), and Development Alternatives with Women in a New Era (DAWN) in the Eastern Caribbean.