Question:-
Recently, an organization posted the tweet below, which went viral on social media. A senior member of the organization states that it was an error on the side of one of their staff members, hence it was removed.
Same-sex attraction shouldn’t be problematized to give to any different status from other types of sins. A person who struggles with his/her SSA is to be shown compassion, counselled and made to feel welcome in our community. They are not to be punished for their feelings.
I would greatly appreciate it if Mufti Saheb would give the rulings of the Shariah regarding the following:
1) Is it permissible to allow someone who claims to have SSA into any Masjid?
2) Is it permissible for a man to speak and interact with another man who claims to have SSA? Is it permissible to get comfortable with and tolerate anyone with SSA? Is it permissible to allow a man who claims to have SSA to look at you?
3) Is it permissible to allow people who claim to have SSA into Darul Ulooms? Is it permissible to teach them higher Islamic knowledge?
4) Is it permissible to allow SSA-tolerant/SSA-friendly Molvis to give lectures, make Nikaahs, lead Salaah, give Jumu’ah Khutbahs etc?
Answer:-
Allah Ta’ala states in the Quraan Sharif, “Give up open and secret sins. Certainly those who commit a sin will soon receive the punishment for what they do.”[Re:- Verse 120, Surah An’aam]
The calamities and difficulties we experience in our life are primarily due to our sins. Allah Ta’ala states in the Quraan Sharif, “The misfortunes that afflict you are a result of the actions you earn, and Allah pardons a great deal.” [Re:- Verse 30, Surah Shura]
Allah Ta’ala states in another verse, “Corruption has appeared on land and at sea because of the (evil) actions of man and so that Allah may let them taste of some of their (evil) actions, so that they may (again) adopt Taqwa (and refrain from sin).” [Re:- Verse 41, Surah Room]
In conclusion, every sin is Haraam and harmful. However, the gravity of some sins are far greater than others. The impermissibility of Zinah is well-known to every one of us. It is such an indecent act that Allah Ta’ala prohibits us from even coming close to the act of Zinah. The punishment for committing Zinah is death for a married person, or one hundred lashes for an unmarried person. However, the jurists have written that the impermissibility of homosexuality is worse than the impermissibility of fornication. It is logically understood to be an impure and filthy act. Also, one naturally disinclines from such an act, and it is considered as an evil act in terms of Shariah. Raddul Muhtaar states that every desire of a Jannati will be fulfilled in Jannah with the exception of homosexuality as it will not exist in Jannah. It is therefore incorrect to state that same-sex attraction shouldn’t be given a different status to other sins as stated in the tweet.
Secondly, there isn’t anyone more Merciful than Allah Ta’ala. Most of the people are involved in Kufr and Shirk yet He tolerates them, provides for them and allows them to live on His earth. Further, He is always prepared to overlook and forgive the sinners and wrongdoers. However, when the people of Lut Alaihis Salaam got involved in the filthy and impure act of homosexuality, He destroyed the entire nation to the extent that, even the wife of Nooh Alaihis Salaam was destroyed. Allah Ta’ala caused stones to rain upon such people and according to other verses of the Quraan Sharif, this town was overturned by Hadrat Jibraeel Alaihis Salaam.
Rasulullah Salallahu Alaihi Wasallam was sent as a mercy unto mankind. He never cursed any person that harmed him to the extent that, he never cursed the enemies who wounded him on the battlefield on the occasion of Uhud, rather he sought forgiveness for his people. Yes, he cursed the Kuffar when the battle of the trenches took place as a few Salaah were missed because of the Kuffar. They had become an obstruction from him fulfilling his duty towards Allah Ta’ala. Similarly, Rasulullah Salallahu Alaihi Wasallam cursed those men that fulfil their Haraam lusts and desires with animals and other men not once, but thrice. Therefore, there is consensus of the scholars that the act of homosexuality is Haraam.
When Allah and His Rasul Salallahu Alaihi Wasallam were not compassionate towards those involved in this sin, why then should we be compassionate and tolerant towards such individuals? This is such an act that even animals wouldn’t perpetrate. Imaam Maalik Rahimahullah is of the view that the punishment prescribed for Zinah is the same punishment that should be meted out to one that engages in homosexuality. The Hanabila give preference to this view as well. One view of the Shafi scholars conforms to this view of the Maalikis and Hanabila. [Re:- Al-Mughni Pg.58 Vol.9 / Sharhul Muhazzab Pg.27 Vol.20] Imaam Shafi Rahimahullah also mentioned that, both the one that perpetrates the action, and the one upon whom it is perpetrated, should be killed. His ruling is based on the narration recorded in Abu Dawud Sharif. (Hadith no.4462]
However, according to the Hanafis, the punishment to be meted out to the perpetrators is left to the discretion of the Muslim judge. The judge will decide on how severe the punishment will be after considering the severity of the crime. [Re:- Badaa’i-us-Sanaa’i Pg. 34 Vol.7] The perpetrators may even be killed as Ta’zeer, and not as a Shari’ee Hadd. [Qaamus-ul-Fiqh Pg. 595 Vol.4] Hadrat Abu Bakr Radiallahu Anhu had a person burnt to death as a punishment for engaging in homosexuality. [Re:- Tafseer-e-Mazhari Pg.47 Vol.2]
Are we better Muslims than Abu Bakr Radiallahu Anhu and the great jurists of Islam? Who are we then, to hold the opinion that we should be tolerant and compassionate towards homosexuals? In fact, by holding a contradictory view to them, we should examine our Imaan.
Now coming to your questions:
1. If a person is attracted to the same sex but considers it to be Haraam, he doesn’t lose his Imaan. It is possible that he will repent at some stage and correct his life. However, if his attraction to other males is publicly made apparent and there is fear of others being spoilt and ruined in the Masjid, then he shouldn’t be permitted into the Masjid, unless he stops his evil and openly repents.
نهي رسول الله عن كلامنا ايها الثلاثة هو دليل علي وجوب هجران من ظهرت معصيته فلا يسلم عليه الا ان يقلع وتظهر توبته (المفهم شرح المسلم ص98 ج7 – كتاب الرقاق)
2. One should cut off all ties with such a person whose sins and disobedience is apparent, until he repents and corrects his life.
3. If it is known with certainty that they are involved in such filth, then they shouldn’t be permitted to enrol into any Darul Uloom. Such individuals will serve as a bad example to fellow students and may even influence them into getting involved in the same evil.
4. Ulama that are tolerant to such filth and impurity should not be given access to the Musallah or Mimbars, nor should they be permitted to educate Muslim children at the Makaatib, as there exists a fear of others being influenced by their mindset. I’m sure we are aware of the gay Imaam in the Cape and how he has been openly promoting homosexuality. May Allah Ta’ala protect us all. Ameen!
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:-
Mufti Mohammed Desai
Date: 04 Dhul Hijjah 1443 / 04 July 2022
