Same-sex intercourse has the death punishment in five Muslim countries such as Iran, Saudi Arabia, Sudan, Mauritania and Yemen. This formerly carried death penalty inside Afghanistan beneath the Taliban plus in Iraq under the 2001 decree through Saddam Hussein. The lawful situation inside the UAE is unclear. In several Muslim countries such as Qatar, Bahrain, Maldives and the Algeria, homosexuality is punished along with fine, jail time and corporal punishment. In a few Muslim majority countries, such as Jordan, law doesn’t forbid in Turkey, Mali and Egypt same-sex intercourse. Nevertheless, in Egypt homosexuals have been the sufferers of jurisprudence against morality.

Inside Saudi Arabia, this maximum punishment of homosexuality is open public execution however; the government can utilize other punishments such as fines jail time together with whipping as alternatives until this feels that homosexuals tend to be challenging state authority through engaging in any LGBT rights movement. Iran is probably only the country to execute the biggest number of its people for homosexuality. Because the Islamic revolution of Iran, the Iranian authorities has executed greater than 4000 men and women charged with this homosexual acts. Inside Afghanistan after the drop of the Taliban, this homosexuality went from the capital crime to the one, which it punished with prison sentence and fines, plus a similar situation appears to have happened in Iraq.

The majority of international human rights agencies, for instance Human Rights Watch plus Amnesty International, condemn law regulations which make homosexual relations among consenting adults a criminal offense. Because in 1994, the UN Human Rights Committee also has ruled that these kinds of laws violated all the right to personal privacy guaranteed within the universal declaration from Human Rights as well as International Covent at civil and political legal rights. Nonetheless, (except for countries such as Turkey, which were needed to change their law regulations to become eligible to join European Union) the majority of Muslim nations persist that such laws and regulations are necessary to protect Islamic morality plus virtue. In the mostly Muslim countries, only exclusively Lebanon has an interior effort to legalize the homosexuality. However, several Muslims have mentioned criticism of the lawful sanctions utilized against homosexuality.

Reasons provided by Muslims condemnatory the executions contain the reality that several legal schools (such as Hanafi) regard this as unjustified the discussion that this death penalty is not specified for this in the Holy Qur’an; the concept that this punishment is unduly severe along with opposition to the concept that the state’s jurisprudence must be depending on religious belief. The introduction from the AIDS pandemic within the Muslim community has also promoted additional discussion regarding the legal status for homosexuality since the legal sanctions in opposition to homosexuality have made this difficult to initiate all educational programs directed on high risks groups.

According to Islam, homosexuals (known as qaum Lut, or folks of Lot) are ruined and condemned within the story of people of the Lot in the Holy Quran (from 15:73 till 26:165) in addition to within the last speech of Prophet Muhammad (pbuh). Nevertheless, attraction of male to beautiful men has been an element of the culture in a few Islamic societies plus the attraction isn’t commonly condemned in itself.

Regarding lesbian homosexuality, various have argued that because penetration isn’t involved, female homosexual works should be less seriously punished. Islamic laws are most concerned with general public behavior along with outwards therefore; there isn’t strong condemnation of the homosexuality in case it’s not displayed before public.

The Statement of Quran related to Homosexuality:

“We even sent Lut: He told his people. Do dedicate lewdness for instance no people in development (ever) devoted before you? For practice your lusts at men in first choice to women: they are certainly the folks transgressing beyond boundary. Moreover, his folks gave no answer however it: they said, “Drive all of them from your town: these are without a doubt men who wish to become pure and clean “. (The Qur’an in 7:80-82)

Whilst there’s a general opinion that same-sex sexual intercourse is the violation according to the Islamic laws, there are differences associated with opinion in Islamic scholarship regarding punishment, reformation as well as what standards of evidence are needed before physical punishment turns into lawful.

In Islam, recently, almost all groups have declined this tradition in support of greater ijtihad and individual interpretation. The Hanafi School doesn’t think about same-sex intercourse in order to constitute adultery, therefore leaves punishment as much as the judge’s discretion. Many early scholars of these schools especially eliminated the death penalty; other people allow this for an extra offence.

• Imam Shafi’i thinks about same-sex intercourse like analogous to other sorts of zina therefore, a married man found to have performed so is punished just as one adulterer (through stoning to death) as well as the unmarried person as an adulterer, is left to become strapped.
• The Maliki school states that anyone (unmarried or married) found to have fully committed homosexuals intercourse must be punished like an adulterer.
• In the Ja’fari schools that anyone (unmarried or married) found to get committed same-sex making love should be punished like an adulterer.

This should also be observed that the punishment regarding adultery needs four witnesses through analogy all schools need four witnesses for the physical, take action of penetration for any punishment to become applied. However if normally any other evidence is found by modern methods for instance DNA testing approximately the punishment could be implemented.