By
Junaid Jahangir, New Age Islam
24 June
2021
Liwat
With Men Evokes The Death Punishment In 3 Of The 4 Sunni And The Shia Ithna
Ashari (Twelver) Schools Of Jurisprudence
Main
Points:
1. Clerics are
not able to effectively address the exploitation of madrassa youth or the
concerns of LGBTQ Muslims.
2. Minority
Maliki and majority Shia jurists deem anal sex permissible.
3. Only men who
would allow themselves to be penetrated are either prostitutes or diseased.
-----
Many
Pakistanis were horrified by a recent video of an older cleric, Mufti Aziz ur
Rehman, fondling a young man. A panel discussion took place where U.S. based
Dr. Khalid Siddiqi was more concerned with the juristic concept of liwat (anal
sex with men) than with abuse of power and authority. The cleric emphasized the
destruction of Lut’s people and underscored that three of the four schools of
Sunni jurisprudence prescribe the death punishment for the act. He did not
bother with the exploitation of the young madrassa student and instead
expressed horror and shame. Such a reaction provides a window into the minds of
clerics who interpret the story of Lut’s people through the mechanical act
instead of abuse of power. This motivates the question that why is liwat so
horrifying?
The horror
of liwat is not explained by the categorical imperative that “God says so.”
This is because many other sins including lying and cheating do not evoke a
similar level of horror. Similarly, the horror is not explained by disgust.
There are many acts that one may find repulsive, but morality is not defined by
our capacity for disgust. Consider for instance the consumption of the dabb
lizard, which is deemed a permissible delicacy in parts of Saudi Arabia.
Likewise, the lack of procreation does not explain the horror of liwat, as many
sexual acts that do not lead to procreation are deemed permissible.
The horror
is not explained by noxiousness either. Some may argue analogically that
noxiousness exists in the vagina temporarily during the menstrual cycle, which
leads to the temporary prohibition of vaginal intercourse. Therefore, since
noxiousness exists in the anus permanently, anal sex is permanently prohibited.
However, this does not explain why minority Maliki and majority Shia jurists
deem anal sex permissible even if they consider it Makruh (detestable).
Additionally, the argument of harm to the wife does not translate to the case
of men because of the Lazza (pleasure) derived from the prostate gland.
All of this means that the horror of liwat must be explained through a
different line of reasoning instead of God’s law, personal disgust, lack of
procreation, noxiousness, or bodily harm.
The answer
lies in observing the stark contrast that while anal sex with women may even be
considered permissible, liwat with men evokes the death punishment in 3 of the
4 Sunni and the Shia Ithna Ashari (Twelver) schools of jurisprudence. Thus, the
answer to why the act is so horrifying is simply because it involves men. The
understanding is that men would be abased by being penetrated and that the only
men who would allow themselves to be penetrated are either prostitutes or
diseased. Additionally, the horror is reserved most for liwat with men instead
of eunuchs or boys, both of whom are not deemed men enough to lose any honour
through the act. Therefore, clerics are not able to effectively address the
exploitation of madrassa youth or the concerns of LGBTQ Muslims, as they are
consumed by the horror of liwat, by virtue of simply being men.
------
Junaid
Jahangir is an Assistant Professor of Economics at MacEwan University. He is
the co-author of Islamic Law and Muslim Same-Sex Unions. With Dr. Hussein
Abdullatif, a paediatric endocrinologist in Alabama, he has co-authored several
academic papers on the issue of same-sex unions in Islam. He contributed this
article to NewAgeIslam.com.
URL: https://www.newageislam.com/islamic-society/liwat-sunni-shia-jurisprudence-sodomy/d/125014
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism