As Muslims, our opinions don't matter when Allah and His Messenger decreed on a matter and when we have a disagreement on an issue that is addressed by Islam, we must refer to them:
It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path. (The Qur'an, 33:36)
O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end. (The Qur'an, 4:59)
We must understand what is marriage in Islam and the difference between Islamic marriage and non-Islamic marriage. In Islam, marriage is not just between a man and a woman but certain men and certain women. For example, marriage between siblings or parents and their children are not allowed, regardless of same sex or opposite sex. Regarding who qualifies for marriage and to whom, none of the verses in the Qur'an or the saying of the Prophet Muhammad in the Hadith ever mention anything about two men or two women marrying each other or being qualified to marry one another.
Also, there are conditions for marriage. While a man does not need a wali (guardian), a woman does for the marriage contract. If one insists that there is ikhtillaaf (difference of opinion) on the issue of wali, then what about the mahr (dowry)? The mahr is required to be given to the woman from the man. If there are two men or two women marrying, who gives and who receives the mahr?
Surely, homosexuality existed during the time of the Prophet Muhammad and so did marriages. Since Islam was completed and perfected during the time of the Prophet Muhammad (Qur'an, 5:3) and homosexuality was not a "new issue", issues regarding any exceptions or types of marriage and who qualifies to marry and to whom would of been discussed. Unlike modern issues where fiqh (Islamic jurisprudence) through the use of ijtihaad (process of making a legal decision in Islam) is used to deal with issues that didn't exist at the time of the Prophet Muhammad, homosexuality is not anything new and Islam came to regulate the affairs of people and allow them to satisfy and fulfill their needs and instincts in a way that agrees with what the Creator allowed.
Getting back to the issue of whether or not Muslims should support same sex marriages, is supporting such a marriage within the Islamic principle of "forbidden the wrong and enjoining the good"?
Islam doesn't have an issue with marriage; Islam recognizes the sanctity of marriage between people, regardless of their religion (or lack thereof). Obviously the same conditions that are required for a non-Muslim marriage are not the same for an Islamic marriage; Islam doesn't regard the marriage of two non-Muslims as invalid or any sex between them as fornication. As for Muslims marrying, the marriage cannot go against Islamic law or it would be considered invalid, even if non-Islamic law validated the marriage.
If Muslims are not allowed in Islam to be in same sex unions or marriages, can we as Muslims still support same sex marriages for non-Muslims? Would doing so be part of the Islamic principle of "enjoining the good and forbidding the wrong"?
Some proponents of gay marriage say that marriage should be about two consenting people who love and are committed to each other, regardless of their sexual orientation. If one were to use the same logic, should consenting siblings be allowed to marry if they love and are committed to each other? If not, can't siblings insist that phobia, prejudice, misunderstanding and double-standards make people be against such marriages?
Is supporting people who are love and committed to each other enough to "enjoin the good and forbid the wrong"?
Islam is not against homosexuals or straight people; if a gay or straight person does not sin, he cannot be a sinner unless he acts upon a sinful thought. Islam prohibits homosexual sex just like it prohibits straight sex that are outside the confines of marriage such as fornication and adultery. Not agreeing or accepting the act of homosexuality does not make one homophobic just like not agreeing or accepting the act of adultery or fornication between two straight or gay individuals make you phobic against adulterers or fornicators.
Marriage most likely will lead to sexual intercourse between the two people. If Islam doesn't accept homosexual sex, one cannot accept a union that legitimizes such activity.
So the issue is not about love, it is about sex. If it were just about love, then there will need to be evidence prohibiting two men or two women loving each other in a non-sexual way.
Bring forth your proof if you are truthful. (the Qur'an, 27:64)
No comments:
Post a Comment