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Islamic law and its punishments for homosexuality
Sharia sure aint gay
Muhammad and the homosexual
James M. Arlandson
Traditional Muslims who understand the Quran and the hadith (reports of Muhammads
words and actions outside of the Quran) believe that Islamic law or sharia expresses the
highest and best goals for all societies. It is the will of Allah.
In February 1998, the Taliban, who once ruled in Afghanistan,
ordered this punishment for three men
convicted of sodomy:
On Wednesday, the Taleban ordered the execution of three men for sodomy in the southern
town of Kandahar, southern Afghanistan. They were ordered to be buried alive under a pile
of stones and a wall was pushed on top of them by a tank.
Their lives were to be spared if they survived for 30 minutes and were still alive when
the stones were removed.
Simple and clear reason says that executing homosexuals is wrong today, but where do
the Taliban get the punishment of pushing a wall on the guilty men? Also, the article
reports that while the religious police were meting out a flogging on a woman for
fornication, a speaker chanted, "Thanks to God that we are followers of God not of
the West." This devout Muslim understands the deeper, spiritual conflicttwo
religious systems are at work.
In its 1991 Constitution, Iran
adopted the extreme punishment of execution for sodomy. Articles 108-113 say:
Sodomy is a crime, for which both partners are punished. The punishment is death if
the participants are adults, of sound mind and consenting; the method of execution is for
the Shari'a judge to decide.
Later on, the summary of the Constitution says that if the guilty repent, the judge may
waive the penalty. But should this penalty exist in the first place? What is the source
for this extreme law in the Iranian Constitution?
On April 7, 2005, it
was reported that Saudi Arabia sentenced more than 100 men to prison or flogging for
"gay conduct."
On or about March 26, a Jeddah court, meeting in a closed session in which defense
attorneys were excluded, sentenced 31 of the men to prison for six months to one year,
and to 200 lashes each, for unreported offenses. Four other men received two years
imprisonment and 2,000 lashes. Police released more than 70 of the men not long after
their initial arrest; reports in the Saudi press suggested that personal contacts with the
government had intervened on their behalf. However, on April 3, police summoned the 70 men
back to a local police station and informed them that they had been sentenced to one
years imprisonment.
Arrest and imprisonment and / or flogging for "gay conduct"? Why? Have these
radical judges left Islam?
Execution, flogging, and toppling a wall on homosexuals come from the reliable hadith
and later legal rulings in Islam. They sit at its core. Execution and flogging may also
come from the Quran itself.
To explain how these extremes are embedded in Islam and how Christianity offers a
better solution, this article is divided up into three large sections: Islam,
Christianity, and an Application, including supplemental material.
The main section "Islam" is subdivided into three sections: the Quran, the
hadith, and classical legal rulings. When we analyze the Quran, we also provide the
historical and literary contexts of the target verse, in order to avoid the standard,
reflexive "out of context" defense from Muslims apologists (defenders).
The main section "Christianity" is subdivided into four sections: the Torah,
how Jesus fulfills the law, how Jesus forgives sexual sin, and how the early church
followed Jesus.
After we analyze the two religions on the matter of homosexuality, we apply our
findings to today, the third main section, including supplemental material.
Islam
Islam treats homosexuality as a crime instead of a sin. Is that the best policy?
The Quran
This section analyzes two Quranic passages, which are the foundation for later hadith
(reports of Muhammads words and deeds outside of the Quran) and the opinions of
jurists and legal scholars on how to punish homosexuals. However, as we shall see, the
Quran is unclear on homosexuality in its legal punishments, but not in its immorality.
Sura 7:80-84
While living in Mecca before his Hijrah in AD 622, Muhammad does not seem to have
decreed an official punishment for homosexuals. However, he frequently told stories
about Lot, who lived in Sodom. This passage in Sura 7, representing others in Meccan
suras (chapters), was revealed late in Mecca, but scholars are rarely confident about
the precise date of Meccan suras or chapters in the Quran.
In any case, this general assessment of Muhammads time in Mecca is beyond
dispute: he was undergoing strong persecution at the hands of the Meccans, so he was
warning them of divine judgments in the past. If Allah wreaked death and destruction on
his enemies after he sent messengers to warn them in days of old, then he may judge the
Meccans for opposing the best and final prophetMuhammad. Sura 7:80-81 and 84 reads:
[7:80] And We sent Lot as a Messenger: Remember that he said to his people, "Have
you become so shameless that you commit such indecent acts as no one has committed before
you in the world? [81] You gratify your lust with men instead of women: indeed you are a
people who transgress the limits!" . . . [84] And We rained upon his people; then
behold what happened in the end to the guilty ones! (Maududi, The Meaning of the
Quran, vol. 2, p. 45)
In general terms this passage condemns homosexuality because it "transgresses the
limits" of nature. The punishment for the inhabitants of Sodom was a rainstorm,
"We rained upon his people," which is based on Genesis 18 and 19. Suras 11:82
and 15:74 say dry clay was rained on Sodom. From these Quranic verses and others on Lot
and some hadith passages (hadith are the reports of Muhammads words and deeds
outside of the Quran), legal scholars have come up with punishments for sodomy, which we
explore below in the section "Classical legal rulings."
If the readers would like to see Sura 7:80-84 in other translations, they may go to
this website http://quranbrowser.com/ and type in
the references, like so: 7:80-84. The number 7 is the sura or chapter and 80-84 are the
verse numbers. Here are other passages that describe Lot and the Sodomites, whose main
ideas overlap with 7:80-84: Suras 11:77-83; 15:61-77; 26:165-173; 27:54-58; 29:28-30. All
of these verses denounce sodomy as a sin and report the destruction of Sodom by the
sovereign act of God. Even though these passages do not explicitly rule on punishing
homosexuals in legal contexts, Muslims jurists have divine permission to impose human
punishments on homosexuals, especially when the judges also include the hadith.
Sura 4:15-16
Sura 4:15-16 has caused much debate over its meaning. We first analyze the historical
and literary contexts. Sayyid ALa Abul Maududi (d. 1979), whose translation we used,
above, was an Indo-Pakistani who worked hard at establishing a theocracy in Pakistan
through the Jamaat-i-Islami Party. He is highly respected traditional commentator who says
that this sura, itself titled "Women," was revealed at different times, but
still in the timeframe of AD 625 to 626, in Medina, for Muhammad has already emigrated. He
is establishing his Muslim community in the face of opposition and adverse circumstances,
though Islam manages to overcome them. Verse 34 fits into the framework of vv. 1-35, which
sees the specific establishment of rules for the family. For instance, in the aftermath of
the Battle of Uhud in 625, in which the Muslims lost a lot of men, Muhammad says that
orphans should be given their property and not to replace their good things with bad,
which means to deal fairly and wisely with their assets (vv. 1-6). Also, he discusses the
rules for inheriting property, such as one son having the share equal to two daughters or
that a husband should inherent half of his wifes property, unless they have
children, in which case he inherits one-fourth (vv. 11-14).
We now come to the two target verses. MAS Abdel Haleems translation reads:
4:15 If any of your women commit a lewd act, call four witnesses from among you,
then, if they testify to their guilt, keep the women at home until death comes to them or
until God gives them another way out. 16 If two men commit a lewd act, punish them
both; if they repent and mend their ways, leave them aloneGod is ready to accept
repentance from those who do evil out of ignorance and soon afterwards repent: these are
the ones God will forgive. (The Quran, Oxford UP, 2004)
Does v. 15 refer to male-female sexual sin or to lesbianism? Does v. 15 refer to
male-male sex? Commentators are divided. However, Haleems translation of v. 16 says
that if two men commit a lewd act, implying homosexuality, they are to be punished, but
this translation is still ambiguous.
This translation by Hilali and Khan, funded by the Saudi royal family, adds
parenthetical glosses implied in the Arabic, but not original to it:
4:15 And those of your women who commit illegal sexual intercourse, take
evidence of four witnesses from amongst you against them; and if they testify, confine
them (i.e. women) to houses until death comes to them or Allah ordains for them some
(other way). 16 And the two persons (man and woman) among you commit illegal sexual
intercourse, hurt them both . . . . (The Noble Quran, Riyadh: Darussalam, 2002)
As to the women who commit illegal sexual intercourse, this translation of v. 15 reads
the same way as Haleems. Are they committing the sin with men or with women? But
this translation interprets v. 16 as the act occurring between a man and a woman.
Two prominent commentators reach different conclusions about the verses.
Maududi says that Sura 4:15-16 has nothing to do with homosexual acts, implying that
Muhammad did not confront this unnatural crime, which is outside of normal life and is
found under abnormal circumstances. Maududi notes that after the prophets death, the
companions or his close followers never referred to these verses to adjudicate the crime
of homosexuality (The Meaning of the Quran, vol. 1, p. 317, note 24).
Sayyid Qutb, the other commentator, was the godfather of modern jihadist movements who
was executed in 1966 for trying to overthrow the Egyptian government. In a section titled
"First Step Towards Eradicating Sexual Immorality" (wrongly implying that
eradication is possible in the first place; see his next section, "A Perfectly Moral
Society"), he agrees that the two women are committing lewd acts with men in v.
15that is, he does not say that they are lesbiansbut the two men who commit
lewd acts are homosexuals in v. 16 (In the Shade of the Quran, vol. 3, pp.
67-72)
Thus, according to Maududi and Qutb, confusion rules over v. 16 (homosexual sin), but
not over v. 15 (heterosexual sin). Clarity is one of the frequent claims in the Quran,
but this is untrue in this case. It is one thing for commentators to disagree on important
topics, but these are the only two verses in which the topic of homosexuality may be dealt
with in Medina, where Muhammad was constantly laying down the rules for sexual
misconductbut no clear guidance was offered in Sura 4:15-16.
Finally, the end of v. 15 says that men should confine the guilty women to their
houseshouse arrest in patriarchal Arab societyuntil death or Allah provides
another way out. Qutb rightly notes that these clauses represent an interim ruling because
the words "until God gives them another way out" (Haleem) is open-ended. And
this is where Maududi and Qutb agree (Maududi, vol. 1, p. 317, note 26; Qutb, In the
Shade of the Quran, vol. 3, pp. 68-71): Sura 24:2 abrogates or cancels Sura 4:15-16.
It should be recalled that 24:2 says that those who commit zina or sexual
immorality generally (usually taken to mean fornication or non-marital sex in this verse)
should be flogged. Reliable hadith that many scholars connect
to 24:2 says that adulterers and adulteresses should be stoned to death. But if we isolate
Sura 24:2 and its specific punishment for zina generally, then the judge has
the option to flog a convicted homosexual, even though homosexuality is a special case,
since it is regarded as an additionally unnatural sex act in Islamic law.
Qutb cites a hadith that shows how Muhammad received this revelation of a "way
out" in Sura 4:15
. . . The Prophet used to be visibly affected every time revelations were bestowed
on him from on high. His face changed and he looked ill at ease. One day, after he
received revelations and he regained his color, he said: "Learn this from me. God has
opened another way out for them, both in the case of a married man and a married woman and
that of an unmarried man and an unmarried woman. For the married, one hundred lashes and
stoning, and for the unmarried one hundred lashes and exile for a year. (vol. 3, pp.
69-70; see Muslim vol. 3, p. 911, no. 4192)
Thus, the "way out" does not lead to forgiveness and restoration, but to
flogging and stoning. Muhammad has raised sexual sin to a crime, which means that it
must be criminally punished in the same way that theft
and highway robbery are criminally punished. This policy is
misguideddespite the dubious belief that it came from divine inspiration, though
the excerpt from Qutb implies that it was channeled from the spirit world. However,
Sura 24:2 does not clearly deal with homosexuality as such, so later Muslim jurists
have to base their rulings on punishing this "crime" on general Quranic
principles and on the hadith, where matters become clearer.
To conclude this section, the Quran does not prescribe a clear way of dealing with
homosexuality. The sacred book condemns it in the stories about Lot, which were told
during the Meccan period, but in the Medinan period, Sura 4:15-16, the only reference that
seems to come close to dealing with this sin, is so ambiguous that Muslim scholars cannot
reach a consensus on its meaning. This contradicts Muhammads frequent claim that the
Quran provides complete guidance for life. In this major area of human sexuality, the
Muslim holy book comes up short. So now we must turn to the hadith, where things are less
ambiguous.
For more information on Sura 4:15-16 and its bearing on homosexuality, see
this article, and scroll down about
three-fourths of the way.
The Hadith
The hadith are the reports of Muhammads words and actions outside of the Quran.
The four most reliable hadith collectors and editors are Bukhari (d. 870), Muslim (d.
875), Abu Dawud (d. 875), and Tirmidhi (d. 892), who was a student of Bukhari. The Quran
and the hadith are the foundations for later legal rulings. But in the matter of
homosexuality, the Quran is unclear, so the hadith guides Islam more clearly.
It is believed that when Muhammad uttered a curse against someone, it is so significant
and powerful that it may carry eternal damnationor at least it puts its recipient
outside of the Muslim community, which hangs hell over his head (see Sura 9:30). Muhammad
cursed effeminate men and masculine women in this hadith edited by Bukhari and narrated by
Ibn Abbas, Muhammads cousin and highly reliable transmitter of hadith:
Narrated Ibn Abbas: The Prophet cursed effeminate men and those women who assume the
similitude (manners) of men. He also said said: "Turn them out of your houses."
He turned such and such a person out, and Umar [a principal companion of Muhammad] also
turned out such and such person. (Bukhari vol. 8, no. 6834; see vol. 7 nos. 5885 and
5886)
Thus, effeminate men and masculine women are cursed and driven out of the early Muslim
community. These men may not be homosexuals, but may have lost their sex drive or desire
for women. Either way, rejection, not salvation, is the rule in early Islam, under the
guidance of Muhammad.
The same rejection happened when Muhammad heard an effeminate man talking about
capturing a mans daughter, who was fat, for an arranged marriage, when the Muslim
army was trying or about to try to conquer the city of Taif in AD 630. The prophet
replied: "These (effeminate men) should never enter upon you (O women!)," in
your houses. That is, Muhammads wives should not associate with effeminate men
(Bukhari vol. 5, no. 4324; see vol. 7, nos. 5235 and 5887).
The Sunan Abu Dawud, named after its editor, is another reliable collection of
hadith. Ibn Abbas reports the following about early Islam and Muhammads punishment
of homosexuals: . . . "If you find anyone doing as Lots people did, kill the
one who does it, and the one to whom it is done" (vol. 3, p. 145, no. 4447).
The next one from the same collection says that an unmarried man who commits sodomy
should be stoned to death: "Ibn Abbas said: if a man who is not married is seized
committing sodomy, he will be stoned to death" (vol. 3, p. 1245, no. 4448).
Thus, these two passages in Sunan Abu Dawud go further than merely rejecting and
banishing homosexuals or sexual sinners, as we saw in Bukharis collection. Rather,
Ibn Abbas says that Muhammad and the early Muslim community commanded their execution.
The hadith editor Timidhi repeats Ibn Abbas narration: "Ikrima reported on
the authority of Ibn Abbas that Gods messenger [Muhammad] said: If you find
anyone doing as Lots people did, kill the one who does it and the one to whom it is
done." (Recorded in Mishkat al-Masabih, trans. James Robson, vol. 2, p.
763, Prescribed Punishments).
In the same hadith collection, the Mishkhat al-Masabih, a compendium that brings
together other hadith collections, are found the punishments of being burned to death and
having heavy objects thrown on the guilty homosexuals:
Ibn Abbas and Abu Huraira reported Gods messenger as saying, "Accursed is
he who does what Lots people did." In a version . . . on the authority of Ibn
Abbas it says that Ali [Muhammads cousin and son-in-law] had two people burned and
that Abu Bakr [Muhammads chief companion] had a wall thrown down on them. (vol.
1, p. 765, Prescribed Punishments; cf. Maududi vol. 2, p. 52, note 68)
In the introduction to this article, a news report says
that the Taliban toppled a wall on two homosexuals. Now we know where they got this cruel
and unusual punishment. Thus, the Taliban appears extreme to us (and they are), but they
are merely following early Islam. Hence, since this extremism comes from original Islam
itself, so why would traditional Muslims who know their own religion well want to reform
today? Reform to what? Ignore the core of their religion? The cognitive dissonance or
mental shock would be too strong.
Finally, Muhammad Aashiq Illahi Muhajir Madani, a modern-day Mufti (jurist), wrote Illuminating
Discourses on the Noble Quran, 2nd ed. trans. and ed. Mufti A. H. Elias,
(Karachi: Pakistan, Zam Zam, 2003). In his commentary on Sura 4:15-16, he is open to the
interpretation that the two verses speak of homosexuality, so he provides two hadith that
he considers reliable, which deal with punishing homosexuals (vol. 2, pp. 365-69).
This early ruling repeats the one that homosexuals must be burned:
With regard to the method in which these people [homosexuals] are to executed, Abu Bakr
after consulting with Ali and other Sahaaba [companions of Muhammad], ruled that they be
burnt.
Mufti Madanis next citation says that convicted homosexuals should undergo this
terrible punishment (cf. Maududi vol. 2, p. 52, note 68):
. . . Ibn Abbas ruled that they be thrown headlong from the highest summit.
Memri TV has a clip
and a transcript
of a modern scholar asserting that homosexuals should be thrown off a cliff. And now we
know where he got his opinionfrom early Islam and Ibn Abbas, Muhammads cousin.
To conclude this section, these hadith demonstrate that sexual non-conformists
(effeminate men and masculine women) and homosexuals are not only unwelcome in the Islamic
community (that is a religions prerogative), but they must also be criminally
punished. The hadith punishments range from rejection and banishment to execution by
terrible methods, such as being stoning, burned alive, or thrown off a high point. It
should be reiterated here that if later Islamic judges follow the punishment meted out in
Sura 24:2 for zina generally, then they may flog the convicted homosexuals with a
hundred lashes. In fact, they will impose some or all of these penalties, depending on the
circumstances, as we now see in the next section.
Classical legal rulings
Sharia means the body of Islamic law rooted in the Quran and the hadith; fiqh means the science of interpreting
and applying this law, done by qualified Islamic judges and legal scholars. Over the first two
centuries after Muhammads death in AD 632, four main Sunni schools of fiqh emerged,
led by these scholars: Malik (d. 795), who lived in Medina, Arabia; Abu Hanifa (d. 767),
who lived in Kufa, Iraq; Shafi (d. 820), who lived mostly in Mecca, Arabia, but who was
buried in Cairo, Egypt; and Ibn Hanbal (d. 855) who lived in Baghdad, Iraq. They base
their legal opinions and rulings on the Quran and the hadith. We examine the opinions of
some of these schools.
Maududi records that Shafi himself says that "both the criminals involved in
sodomy should be killed, whether married or unmarried" (vol. 2, p. 52, note 68).
However, later developments in the Shafi school go in different directions on the issue
of punishing homosexuals as criminals. The brief law book from the Medieval Age, A
Sunni Shafi Law Code (trans. Anwar Ahmed Qadri, Lahore: Sh. Muhammad Ashraf, 1984),
says that "the commission of sodomy and bestiality is an act which is equivalent to
zina" (adultery, fornication or rape) . . . (p. 118). A footnote says that
"legal punishment (stoning as done to adulterers) should be applied, but "the
accepted view is for tazir [the judges discretion] punishment" (p. 118). So
the punishment ranges from stoning to a judges discretion, possibly down to flogging.
Another Shafi law book, Reliance of the Traveler: A Classic Manual of Islamic Sacred
Law, (rev. ed., trans. Nuh Ha Mim Keller, Beltsville, Maryland: Amana, 1994) also
compiled in the Medieval Age, says that the punishment of stoning the homosexual must be
imposed, provided that he or she has reached puberty, is sane, and committed the act
voluntarily, "no matter whether the person is a Muslim, a non-Muslim subject of the
Islamic State, or someone who has left Islam" (p. 610, o12.1). An additional
requirement is whether the person can remain chaste (is in a legal marriage). Thus, this
law book binds the judge to impose death by stoning, unlike the Sunni Shafi Law Code,
which allows discretionary punishment.
Maududi also records an assortment of opinions that rule as follows: "the
punishment [for sodomy] is the same as for [zina], that is, one hundred stripes and
exile for the unmarried, and stoning to death for the married" (vol. 2, p. 52, note
68). Some scholars reinterpret banishment as imprisonment.
As for Abu Hanifa, Maududi says that the founder "is of the opinion that the
culprit should be punished in accordance with the circumstances of the crime with an
exemplary punishment" (vol. 2, p, 52, note 68). An exemplary punishment means that it
must be done in public, so people will learn and fear. But it is clear that the judge may
exercise discretion.
Malik decrees straightforwardly: "Malik . . . asked Ibn Shihab about someone who
committed sodomy. Ibn Shihab said, He is to be stoned, whether or not he is muhsan"
(legally married). Regardless of his marital status, then, someone who commits sodomy must
be stonedno mercy or extenuating circumstances. (Al-Muwatta of Imam Malik ibn
Anas: The First Formation of Islamic Law, rev. trans. Aisha Bewley, Inverness,
Scotland: Madina Press, 1989, 2001), p. 346, 41.1.11).
To sum up this section, the schools of fiqh are divided. A less severe punishment than
stoning, such as flogging, is meted out according to the judges discretion. But
sometimes the punishment is execution by stoning. It seems, then, that some of these
schools have softened the clear example of the prophet and his companions in the hadith.
They ordered death by stoning, being thrown off a high point, or toppling a dilapidated
building on the criminals. This demonstrates that the Qurans confusion or absence of
a clear decree has slipped into the later legal rulings. The opposite of the case is true
for fornication and adultery, or zina, which elicits the minimal penalty of
flogging and the maximum of stoning for adultery, according to the hadith. The judges are
much more definitive about zina because the Quran is too. However, this is not true
with sodomy.
Before leaving the main section "Islam," the last three subsections can be
boiled down to this simple conclusion: Islam treats homosexuals as criminals and seeks to
change them from the outside with threats, flogging, and death. This is seen clearly in
Sayyid Qutbs two sections in his commentary on Sura 4:15-16, which are titled
"First Step Towards Eradicating Immorality" and "A Perfectly Moral
Society" (In the Shade of the Quran, vol. 3, pp. 68-71). This goal,
though seemingly noble, is actually harmful. No society can achieve perfect morality, and
even the attempt to achieve it places severity and harshness and excessive power in the
hands of the religious elite and self-righteous. So this policy and goal is completely
misguided. It fails to understand human nature
Christianity
According to traditional and Biblical Christianity, sexual sin, specifically
homosexuality, is no crime, but it is just thata sin. These two divergent views in
Christianity and Islam in this matter lead to divergent policies on dealing with the same
immoral sex act.
The Torah
It is imperative to interpret the Bible in its historical and literary context,
especially when dealing with verses that elicit emotional responses, such as the following
two verses in Leviticus. Sometimes revisionist interpreters argue that the verses on
homosexuality in the Torah are culture-bound or found in the context of temple
prostitution; thus, the verses do not universally oppose homosexuality. It is true that
some verses occur in the context of temple prostitution (Deuteronomy 23:17; cf. Number
25:1-16; 1 Kings 14:24), but not all of them.
The sacred text says in this verse:
Do not lie with a man as one lies with a woman; that is detestable.
(Leviticus 18:22, New International Version)
This verse is found in the Holiness Code or Law of Holiness, especially chapters 18
and 20. Chapter 18 treats morality as having a universal application. Besides v. 22, other
verses command the ancient Hebrews, for example, not to have sexual relations with their
daughters-in-law (v. 15), nor with their brothers wife (v. 16) nor to lie with their
neighbors wife (v. 20). The chapter ends with verses that exhort the people not to
follow the inhabitants of Canaan which they were about to inherit (vv. 24-29). These last
verses can be easily interpreted as not obeying the ungodly of any land, wherever they are
found. Thus, rituals, ceremonies, festivals, and the tabernacle are not found in this
chapter, so its morality may be applied universally.
Chapter 19 has a few verses that discuss sacrifice (vv. 5-8, 22) and harvest (v. 9,
23-25), but most of the thirty-seven verses strike a universal note. For example, people
are not to steal or lie or deceive one another (v. 11); they are not to defraud their
neighbors or withhold the wages of field workers (v. 13); they are not to hate their
brother in their hearts (v. 17); they are not to mistreat the aliens who live with them
(v. 33). It is clear, then, that the vast majority of verses in this chapter have
universal themes in it, as well. Hence, they have universal applicability, if societies
choose to apply them.
Therefore, these two chapters do not pertain to culture-bound male temple prostitution
or to temporary rituals, ceremonies, or animal sacrifices. Rather, they may be applied
cross-culturally, because all societies would benefit from them. Hence, homosexuality is
a sin, according to the Holiness Code.
Finally, chapter 20 lays out the penalties for various sins. This one says that
homosexuals should be put to death:
If a man lies with a man as one lies with a woman, both of them have done what is
detestable. They must be put to death; their blood will be on their own heads.
(Leviticus 20:13, NIV)
The question is: should this harsh punishment be applied to todays world? Does it
have universal application?
How Jesus fulfills the law
Jesus came to fulfill the law or Torah, not to destroy or abolish it (Matthew 5:17). He
fulfills it in at least three ways, but the one we look at here takes away the laws
severe punishments. This benefits all of society, especially today.
Jesus fulfills the law by taking on himself the penalty for our sins. The Torah is
filled with specific punishments for specific sins, but his death on the cross satisfies
and propitiates divine wrath that is directed at our sinsthis is the Christian
doctrine of the atonement. It is for this reason that a Christian could never give up
this doctrine and must totally reject Muhammads odd view that Christ never died
on the cross (Sura 4:157). (For more information on Muhammads odd claim, see
these articles, 1, 2.)
Muhammads belief is completely misguided. Christs death is Gods gift to us.
We are saved and on our way to heaven, not based on our own works, but on Christs good
work on the cross. Therefore, those who trust in Christ do not have to pay the penalty for
their sins.
It is therefore certain that homosexuals should not be put to death for their sins. The
entire sweep of the New Testament says that all sexual sins begin in the heart and can
only be healed in the heart, by transforming it. This is why Jesus and the inspired New
Testament authors write often about the indwelling power of the Holy Spirit (Matthew 1:18;
3:11; Luke 11:13; John 20:22). He lives in them to enable and empower them to walk in
love, which fulfills the law (Matthew 23:37-40; Romans 13:10). In contrast, a major
problem with the law of Muhammad is the distortion of the blessed doctrine of the Holy
Spirit, who has been reduced to the archangel Gabriel in Islamic theology. According to
this doctrine, Muslims do not enjoy the Holy Spirit living in them in the way described by
Jesus Christ and the New Testament, so they have to fulfill the old-new law of Muhammad by
their own efforts.
This may be a major factor as to why Muhammad reinstituted the punishments found in the
Torah. Being merely a human messenger (Sura 3:144), he could not send the Holy Spirit into
the hearts of people so that they could be changed from the inside out. On the other hand,
as the eternal Son of God, Jesus does in fact send the Holy Spirit into the hearts of all
those who ask for him, and now they have living in them the power to be changed from the
inside out.
For more information on how Jesus fulfills the Old Testament, click on
this article.
How Jesus forgives sexual sin
It so happens that Jesus never had to confront the issue of homosexuality, simply
because this issue never came up during his three years of ministry. But as an observant
Jew, he understood the Torah, so he would have announced that homosexuality was a sin. He
certainly said that sexual immorality generally and adultery specifically were sins
(Matthew 5:27-28 and 15:19), and this agrees with the Torah. He also endorses the male and
female model in the Garden of Eden (Matthew 19:4-6 and Mark 10:6-9). This is the norm for
society: "What God has joined together, let man not separate" (Matt. 19: 6 and
Mark 10:9). And God joined together male and female.
Though Jesus never confronted the sin of homosexuality specifically, we have a clear
idea about how he dealt with adultery and prostitutiontwo other sexual sins, though
the gay community may object to the comparisons. He forgave the woman caught in adultery
(John 8:1-11). (See this article, and scroll down to
"How Jesus forgives sexual sin.") As for prostitutes, he let them into
his kingdom on their repentance. While in Jerusalem, he confronted the chief
priests and elders, who were badgering him with antagonistic questions. Matthew 21:31
says: "Jesus said to them, I tell you the truth, the tax collectors and the
prostitutes are entering the kingdom of God ahead of you." Needless to say,
Jesus chose two types of sinners who were especially repugnant to the extra-righteous.
But first prostitutes have to be forgiven of their sins and be savedor cleansed
from the inside out by the Holy Spiritbefore they enter the kingdom of God. One day
a certain Simon, a Pharisee, invited Jesus into his large house for dinner. Suddenly a
"sinful woman" (read: local prostitute) crashed the dinner party and washed
Jesus feet with her tears, wiped them off with her hair, and poured oil on his feet.
The Pharisee became indignant and said to himself that if Jesus really were a prophet, he
would know who was touching him and not allow it, for she was unclean. Jesus pointed out
to him that Simon had not offered him the customs of hospitality, but this sinful woman
was doing this. "Then Jesus said to her, Your sins are forgiven. The
other guests began to say among themselves, Who is this who even forgives
sins? [This is another New Testament hint of Jesus divinity.] Jesus said to
the woman, Your faith has saved you; go in peace" (Luke 7:48-50).
This true account shows that Jesus did not order prostitutes and other sexual sinners
to be hunted down and flogged or burned alive, even though this one was living in Israel,
the Holy Land, and even though the Torah says specifically that a prostitute must be
burned with fire (Leviticus 21:9). Instead, Jesus looks at the heart and sees a diamond in
the rough. He knows that with his love and power, through the Holy Spirit, sexual sinners
of all sorts can be changed. Jesus would have preached this same message to the homosexual
sinner, as well. Sexual sin is just thata sin; it is not a crime in the new era of
salvation that Jesus has ushered in.
This love and forgiveness stands in stark contrast to the law of Muhammad. While it is
true that some verses in the Quran speak of repentance (Suras 4:16-17, 5:34, 5:39, 24:5),
they seem to be always accompanied by verses that mete out flogging or mutilation or
crucifixion or house arrest or death (Suras 4:15, 5:33, 5:38, 24:2). The Quran enshrines
many sins as crimes, so it must impose harsh civil penalties. In this the Quran follows
the Torah, in a haphazard and distorted way.
However, it is one thing for God to do this 1,400 hundred years before Jesus came to
lead us along a better path, but it is quite another for the self-described human
messenger (Sura 3:144) to do this 600 years after Jesus came. He moves society forward;
Muhammad drags society backwards.
How the early church followed Jesus
Whereas it is true that Jesus did not confront the sin of homosexuality directly, the
early church did confront it, as the new "Jesus movement" spread around the
great Greco-Roman world peacefully, not by military conquest. The Greek city of Corinth,
for example, was known for its temple prostitutes; indeed they plied their trade in the
temple on the Acropolis, the ruins of which can still be seen today. The Apostle Paul said
that when he first arrived in this city, he was in "weakness and fear and much
trembling" (1 Corinthians 2:3). But he stayed there for eighteen months and saw the
peaceful conversions of many people from all walks of life (Acts 18:9-11). Since Jesus was
guiding his church from heaven, it stands to reason, therefore, that the early church
would apply the Lords message of love and forgiveness and acceptance after God does
his work in the sinful heart, and this is in fact what we find in the two Corinthian
Epistles written by the Spirit-inspired Apostle Paul.
Paul describes some of the sinners who repented and converted (1 Corinthians 6:9-11):
9 Do you not know that the wicked will not inherit the kingdom of God? Do not be
deceived: neither the sexually immoral nor idolaters nor adulterers nor male
prostitutes nor homosexual offenders 10 nor thieves nor greedy nor
drunkards nor slanderers nor swindlers will inherit the kingdom of God. 11 And this
is what some of you were. But you were washed, you were sanctified, you were justified in
the name of the Lord Jesus Christ and by the Spirit of our God.
Three truths may be taken from these three verses.
First, Paul said that the wicked will not inherit the kingdom of God (v. 9), but Jesus
said that tax collectors and prostitutes would enter it ahead of the self-righteous
religious leaders (Matthew 21:31). Is this a conflict? No, because Jesus overall
message was repentance, a continuation of John the Baptists message. In fact, Jesus
alludes to Johns message and says this to the chief priests and elders: "And
even after you saw this [tax collectors and prostitutes entering ahead of them], you did
not repent and believe him [John and his message]" (Matthew 21:32). Also, Jesus said
to the "sinful woman" who crashed the party: "Your sins are forgiven . . .
your faith has saved you; go in peace" (Luke 7:48-50). So Jesus and Paul, whom the
Resurrected Lord was inspiring, agree: Repentance and forgiveness comes first, and then
entrance into the kingdom of God comes second, but never flogging, stoning, crucifixion,
house arrest, or mutilation.
Second, the key words "male prostitutes" and "homosexual offenders"
in v. 10 are translations of the Greek words malakoi and arsenokoitai,
respectively, and both words fall within the semantic range of homosexuality. But malakoi
can mean "effeminate," and Paul welcomed them into the kingdom of God (v. 11),
whereas Muhammad banished them and uttered no words of invitation and forgiveness (see
"Hadith" section, above). But if the word should be translated as "male
prostitutes" based on the historical context in Corinth, we should have no doubt what
Muhammad would have done to male prostitutes serving in a temple in the Arabian Peninsula:
kill them. Next, the meaning of arsenokoitai extends to homosexuals generally and
even pederasts and sodomites. These sinners also Paul welcomes into the kingdom, after
they repent. In Sura 4:15-16 Muhammad gives homosexuals or sexual sinners generally
(depending on the interpretation of ambiguous vv. 15 and 16) the chance to repent, but the sword
of Muhammad always hangs over their head. Will they be dragged into a sharia court if they
stumble and fall back into their sin? Will they be executed or only flogged? The Apostle
Paul follows the living Lord Jesus, so the Apostle excels the self-declared apostle
Muhammad.
Third, v. 11 speaks of good news for all sinners, by the work of the Trinity. The words
"washed" and "sanctified" describe the role of the Holy Spirit. Thus,
sinners are not left on their own to self-improve. They have the direct help of the Spirit
of God himself. Jesus Christ "justifies" or makes us legally righteous by his
death on the cross. Now we are on our way to heaven, only by his good work on the cross,
not by our own self-efforts. Finally, God oversees this divine plan of redemption and
empowerment. (For a brief explanation of the Trinity, go to this
article.)
The reality behind the words in this verseone of many verses in the New
Testamentmust be experienced by Christians everyday. This is why Bible-educated
Christians cannot give up the sacred doctrine of the Trinity with good conscience. The
sexual sinner, specifically the homosexual, can experience sanctification or the washing
of the Holy Spirit, and he can be justified or declared righteous by Jesus work on
the cross, so he may start life over again. This reality actually happened with male
temple prostitutes in the first-century church in Corinth, so it can happen today.
To conclude this section, the major difference between Christianity and Islam is how
they treat the same sexual acts that violate marriage or take place outside of marriage or
between two persons of the same gender. Islam says that these acts are crimes, so civil
penalties must be imposed on the sexual criminals. But Christianity says that the acts are
sins, so it offers forgiveness, healing, and restoration to sexual sinners. Islam forces
hearts to change by threats and bodily punishments. It does not offer the Spirit, but an
old-new law. Christianity does not impose flogging or execution on sexual sinners, but
offers the Spirit and salvation to them. The Spirit of Jesus Christ makes them live anew;
the law of Muhammad kills them.
Application
Sharia is not a benefit to society, for it contains too many harsh rules and punishments.
One of the most tragic and under-reported occurrences in the West in recent years is
the existence of a sharia court in Canada.
Muslims are pushing for a sharia
divorce court in Australia, as well. Having a court of arbitration if it is based on western
law and legal theory is legitimate, but sharia does not hold to this standard. So Canada
should promptly shut down any sharia court, and Australia should never allow one. Fortunately,
the province of Quebec, Canada, rejected
a sharia court. This is the right policy and direction. Such a court should never be
permitted in the US, Europe, and elsewhere around the world. Sharia ultimately degrades
society and diminishes freedom.
The violent radicals who are now slithering around the world would gladly impose their
Qurans and the hadiths severe law on non-Muslim nations, if the radicals could
ever conquer them by force or by gradual means.
If the terrorists do not hesitate to cut
off heads, why would they not flog or kill sexual "criminals" in order to make
society pure and holy before Allah, who gave this rule in the first place? The war on terror
must continue, in order to preserve western civilization and an assortment of nonwestern
nations struggling with Islam.
We on the outside of Islam are allowed to ask whether the Qurans punishments are
better than the New Testaments policy of forgiving and restoring sexual sinners.
Does the Quran guide society better than the New Testament does? Would the true God send
Gabriel down to Muhammad with such a message that comes six hundred years after Jesus?
Should this message supercede the New Testament?
Given the hard evidence, Bible-educated Christians answer no. The true God would not
send down such extreme policies in the new era of salvation which Jesus ushered in. They
realize that the Quran is empirically and factually worse than the New Testament.
Jesus Christ came with good news and the love of God. Muhammad came with flogging and
executing. Christianity advances society forward. Islam drags society backwards.
Jesus forgives and heals. Muhammad flogged and killed.
Supplemental Material
In case the reader missed the link under the section "Hadith," above, Memri
TV has a translated clip and
transcript of a Muslim scholar
on Qatar TV saying that homosexuals should be thrown off a cliff. In the "Hadith"
section, above, Ibn Abbas, a highly respected transmitter of traditions, says that they
should be thrown off a high point. And now we know where this modern scholar on TV gets
this method of execution. It is breathtaking to watch Islam, old and modern, in action.
MEMRI TV has a video clip
and a transcript of a Bahraini
call-in TV talk show. The caller Adam says that he lives in Jerusalem and belongs to
a gay and lesbian association of around 500 members. Society does not accept them,
so they are driven to alcohol, another crime under Islamic law. The last cleric
alleges that Adam is really a Jew and a prank caller.
MEMRI TV offers a video clip
and a transcript
of a Saudi cleric discussing the punishments for the crime of homosexuality: flogging,
stoning, beheading, burning, and rolling guilty homosexuals down a mountain until
they are killed.
MEMRI TV translates a video clip
and a transcript
of a Saudi sheik and university professor who says that the tsunami in December 2004
was the punishment of Allah for the crime of homosexuality.
MEMRI TV has a video clip
and transcript
of Sheik Yusouf al-Qaradhawi who made a commotion in London for opposing homosexuals
and advocating wife beating. He says homosexuality should not be tolerated in society
because it is a perversion. Of course, he blames the "Zionist lobby" for
any persecution he believes that he suffered. This too is irrational.
This short article gives
a rundown of human rights abuses of gays in various Islamic countries.
This email talks to a gay Muslim
about the love of the true God. He loves and accepts everyone as they are, but loves
them too much to leave them as they are.
This letter
sketches out the history of repression of gays in Iran since the Revolution. Thousands
have been executed. It also lists the types of punishments that the courts mete out. The
list matches this study, so the Iranian judges know the Quran and hadith quite well.
This gay website
links articles about sodomy laws in the Islamic world. Sometimes the linked articles
conflict; that is, most are negative, but a few are positive.
This
webpage at an Islamic site has thorough discussions of human sexuality. Of interest is the chapter
"Islamic
rulings" that outlines Islams harsh punishments. It is amazing that the author(s) can be so
casual about early Islams punishments.
This Islamic webpage
also provides a rundown of the punishments for various sexual "crimes" Of
interest is 1.C, which says that Islam is not severe in its punishments. It also gives the
standard line that without Islamic punishments, societies collapse, especially the corrupt
West.
Though the following claim is heavily attacked by gay rights activists, here is
a webpage
discussing the drop of life expectancy for homosexual lifestyle.
Recently, a few courts in the US have ruled
that homosexuals should be allowed to get married with
all the rights
appertaining to this institution. Some European nations
allow
this right already. This article does not address this controversy (though it is not hard
to deduce where I come down on this issue). However, regardless of how this controversy
plays out, this much is clear: members of the gay community should never be harassed or
arrested for their own lifestyle practiced in their own homes. Laws regulating sexuality
done in private overreach, though laws regulating marriage do not. Simply put, it is
impossible to impose sexual holiness by law from the outside in. The difference is private
v. public. Gays must be free to go their own way, even if they do not choose Christianity
and spiritual cleansing or a sexually pure path. Christianity allows freedom of
choiceto reject it or accept it. (Islam does not.) But gays must understand why
Christians want laws protecting marriage, a public institution, ordained by God. Perhaps a
compromise will be achieved.
Most importantly, here are some Christian responses to homosexuality, which help gays find healing:
The testimony of Andrew Comiskey
who founded Desert Streams Ministries, and
the site Stonewall Revisited.
Copyright by James Malcolm Arlandson.
Articles by James Arlandson
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