31 Islamic Texts: A Source for Acceptance of Queer Individuals into Mainstream Muslim Society Muhsin Hendricks1 1. Introduction Queer2 Muslims face a multitude of challeng- the international queer sector’s demand for es, of which one is rejection. This is anchored human rights, has placed pressure on ortho- by the belief that homosexuality is a major sin dox Muslim clergy to defend its religious texts in Islam and punishable by death under Sha- and to publicly authenticate their position riah law.3 The Inner Circle4 has documented on non-hetero normative sexualities. These through engaging with the local Muslim com- events provided an opportunity for progres- munity of Cape Town that most people who sive Muslim thought to re-emerge. Hence, we react harshly towards queer Muslims do so observe progressive Muslim individuals and from a position of fear and ignorance of the organisations re-opening the discourse on challenges facing queer Muslims. Islam, gender and sexual diversity in the last decade. Scholastic work such as that of Scott There have been attempts in the past to raise Siraj al-Haqq Kugle and Kecia Ali8 was pos- the topic of homosexuality within Islam and sible due to the re-emergence of progressive to highlight homoeroticism within Muslim Muslim thought around homosexuality and communities.5 Yet there is a lack of literature sexual ethics in Islam. on the issue from a theological perspective. This perspective is necessary as most clients “And say: Truth has now arrived, and who approach the Inner Circle for help seek falsehood perished: for falsehood by its na- a theological answer for their inability to rec- ture is bound to perish."9 oncile their faith with their sexuality. It is an Islamic belief that the trajectory to- Scott Siraj al-Haqq Kugle6 examines this need wards unravelling matters is a universal in his book “Homosexuality in Islam”7 and process through which truth authenticates braves the waters of addressing the issue itself over falsehood. Those who perceive from a theological point of view. However, themselves to be the custodians of the truth the book is an academic piece of work and would attempt to justify and defend their po- it does not provide uncomplicated answers sition as if it were the only truth, until such to the ordinary Muslim. This article therefore a time when new information is presented attempts to meet this need. to them, compelling them to change their stance. Islam, its sacred texts and their authenticity have been under more scrutiny in the West Orthodox Muslims who justify their con- since 11 September 2001. This, coupled with demnation of homosexuals often use verses The Equal Rights Review, Vol. Five (2010) 32 from the Quran10 and hadith11 to support Quran 39:55 makes it clear that Muslims are their position. While Islam, through the very instructed to extract, out of the many possi- meaning of the word, promotes peace in all ble interpretations, the interpretation that spheres of life, many queer Muslims struggle achieves the greatest good. If divine guidance is ignored and interpretations are personally that does not include them. This often instils motivated and unconsciously made, it can feelingsto find peace of alienation with a representation from their communi of Islam- lead to both individual and social distress. ties and rejection by God, friends and fami- lies. Research undertaken by the Inner Circle “We have indeed sent our messen- reveals that for many queer Muslims, casual gers with the evidence and we sent down sex, alcohol and substance abuse, attempted with them the Book and the Balance so that suicide and apostasy have become outlets for humankind can continue to exist in equity.”14 negotiating the dilemma between Islam and their sexuality.12 This article explores alternative interpreta- tions of divine texts and develops their po- This article attempts to reveal that Islam, at its tential to reinforce the Quran’s inclusive na- very core, does not condemn non-heterosex- ture which promotes equality and freedom ual sexual intimacy. Instead, it is embraced as of choice. All Muslims agree that no other part of a divine plan. Islam, in its true mean- laws, extrapolated from secondary sources, ing of peace and justice, accommodates the may contradict the Quran. Consequently, this individual’s sexual orientation as an intrin- article also zooms in on some of the contra- sic part of their biological and psychological dictions in secondary sources such as hadith makeup. Kecia Ali alludes to the fact that the that contradict the Quran on the issue of ho- prohibition on same-sex marriages in Islam mosexuality and the punishment for public do not stem from the Quran, but from the le- gal construction of marriage and that sexual which criminalises homosexuality and dem- relationships are both gendered and hierar- onstratessexual offenses. that such It challenges law is inconsistent the Shariah with law chical.13 However, her study does not focus the Quran. on the Quranic texts that can be interpreted to support non-heterosexual marriages. This Hadith were collected in the second half article highlights some of these verses and of the second century of Islam’s existence. presents their positive interpretations. Their late development as a source of Is- lamic law is due to the Prophet Muhammad’s The Quran through its poetical form of ex- (pbuh)15 prohibition of their collection. Nu- pression is itself open to numerous interpre- merous hadith collections report on these tations and meanings that are divinely in- prohibitions.16 The companions and follow- human development and diversity within four Chaliphs17 Abu Bakr, Umar, Uthmaan humanity.tended to accommodateMuslims who scientificlimit themselves discovery, to anders ofAli, the as Prophet well as (pbuh), the Prophet’s such as personalthe first - scribe, Zaid bin Thaabit, refused to record pretations of the Quran inhibit the potential sayings of the Prophet (pbuh) in compliance ofone the interpretation, Quran to promote or oppose social different and spiritual inter with the Prophet’s order. In the second cen- growth. tury AH,18 the Chaliph Umar Ibn Abdul-Aziz issued an order to permit the writing of ha- The Equal Rights Review, Vol. Five (2010) 33 dith believing that it would put an end to the the existence of Islam). It also corroborates widespread lies about the Prophet Muham- that the current interpretation of the story mad (pbuh). Although this might have been a noble exercise at that time, hadith collection has been and remains a challenging science masculinity.of Sodom and Gomorrah is a flawed result for most progressive Muslims and progres- of the influence of patriarchal perceptions of sive Islamic thought today. 20 school of thought in Sunni Islam, there is unanimity among Hadith contain many inconsistencies, con- mainstreamApart from theSunni Hanafi and Shi’a scholars that - homosexuality is an adulterous act for which tive and reliable sources of Islamic law they Hadd21 punishment applies. There is also aretradictions deeply problematic.and distortions It is of no facts. surprise As defini that a consensus that this sin is punishable by hate crimes against homosexuals, including - ecution. This author argues that stoning to largely from the hadith. Nonetheless, it does deathdeath. isScholars not a Quranic only differ concept in the and style that of inex- presentthe justification an interesting for their window execution, into the stemshisto- stead the Quran adopts a pro-life stance. ry of Islam, the mindset of early Muslims and the kind of early leadership that shaped the It should be pointed out that Islam is not a face of Islam. Therefore, I would not discard homogeneous faith. Although the fundamen- this source in its entirety and many progres- tals of Islam extrapolated from the Quran sive Muslim scholars would agree that hadith remain unchanged, diverse cultures and which do not contradict the Quran present a - useful elaboration on Quranic verses. tions and perceptions of Islam. Popular Mus- limgeography belief holds influenced that the different Quran remains manifesta the The Inner Circle has noted that there is a re- only book in history that has not undergone siding belief amongst Muslim clergy that ho- changes in the last 1400 years. Unlike the mosexuality is a phenomenon which is non- hadith, which has a more complicated and existent in the Islamic world both past and sometimes questionable history of compila- present. In places where it does exist, it is tion, the Quran is believed by most Muslims either an idea imported by the West, or prac- to be the direct word of God to Muhammad ticed by ignorant or uneducated Muslims: (pbuh). “Homosexuality is a moral disorder. 2. “The Best of What Was Revealed” It is a moral disease, a sin and corruption… No person is born homosexual, just like no “And follow the best of what was one is born a thief, a liar or a murderer. Peo- revealed to you from the One who has au- ple acquire these evil habits due to a lack of thority over you, before distress takes you proper guidance and education.”19 by surprise and while you are in a state of unconsciousness.”22 This article demonstrates the implausibility of this belief by showing that the act of men Let’s make no apology that there are verses having sex with men existed during the time in the Quran that left even the Prophet Mu- of the Prophet Muhammad (pbuh) and dur- hammad (pbuh) uncomfortable. While the Quran gives a husband polarised options for ing the golden period (first two centuries of The Equal Rights Review, Vol. Five (2010) 34 dealing with his wife’s disobedience, from ef- fectively communicating with her to beating for Allah, as witnesses to fair dealing, and her, the Prophet (pbuh) never adopted the let not the“O hatredye who of believe! others tostand you outmake firmly you latter option.