Islamic Law and Muslim Same-Sex Unions

This book is written with the objective of reasonably addressing the need of Muslim gays and lesbians for a life which involves intimacy, affection and companionship within the confines of a legal contract. Contemporary conservative Muslim leaders unreasonably promote false marriages with straight spouses, failing which they prescribe the “solution” of permanent celibacy as a “test.” This book delves into an extensive scholarship on the same sources that conservative Muslim leaders draw on—the Qur’an, Hadith and jurisprudence. It is argued that the primary sources of Muslim knowledge addressed sexual acts between the same gender in the context of inhospitality, exploitation, coercion and disease, but not true same-sex unions; past Muslim scholarship is silent on the issue of sexual orientation and Muslim same-sex unions. The arguments of contemporary conservative Muslim leaders are deconstructed and the case for Muslim same-sex unions is made based on jurisprudential principles and thorough arguments from within the Muslim tradition.

This is a ground-breaking book which showcases both the bravery and the erudition of its authors. They make the case for same sex-unions in Islam, a case which needs to heard, especially by those who disagree with their conclusions. One wishes for this book the wide readership it deserves., This book is a constructive analysis and critique of Islamic legal thinking on homosexuality starting with the assumption that all human beings deserve to love and be loved. Rather than abandon Islam to exclusivists, it stakes a claim of inclusivity at the center of a committed Muslim life. This important book will be especially impactful for Muslim readers for whom the Law matters, whether they be Queer Muslims or the family, friends, or community members of Queer Muslims who are open to accepting the full and equal dignity of all human beings. For non-Muslim lay people, academics, and students alike, the book provides a crucial opportunity to observe how Muslims struggle to work through contentious issues within their own boundaries of faith and practice., Drawing upon the Islamic values of justice, human dignity, and alleviating hardship, the authors open up possibilities for queer Muslims not to be denied a viable and legally acceptable basis for marriage based on Islamic norms, and deserving of the dignity accorded to upstanding members of the communities in which they live and work and carry out their lives. An informed and richly documented work, this book is sure to educate and enlighten anyone interested in broader questions of sexuality and Islam., This comprehensive and unflinching study sets the stage for serious scholarly debates to come. The authors delve deep into the Islamic legal tradition, clearly describing both the challenges involved with reconciling Islamic law and same-sex unions, and the potential for Islamic law to not only tolerate same-sex unions, but to embrace them. This book calls us to rethink what is possible in Islamic law, and it will be an invaluable resource for religious studies scholars and social justice advocates alike.

Junaid Jahangir is assistant professor of economics at MacEwan University.Hussein Abdullatif is a pediatric endocrinologist affiliated with the Children's Hospital of Alabama and University of Alabama Hospital.