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As far as same-sex acts are concerned, the legal precedent and historical record shows complete unanimity on the part of Muslim jurists — not a single dissenting opinion can be found permitting same-sex acts in nearly a millennium and a half.The primary reason for this, no doubt, goes back to the many clear and unambiguous statements of the Qur’an and hadith themselves that categorically prohibit all forms of sexual activity between members of the same sex, as well as the clarity of the Sunna of the Prophet , Companions, and early community in this regard.After all, the heroin addict is only hurting himself and what right does the state have to tell people what to do with their bodies?
Over the years, we have all heard the typical arguments and one-liners in support of homosexuality, so much so that these arguments have become embedded into the way most of us think about the topic.
I give voice to this position in the form of questions and charges that a typical pro-gay advocate would raise against Islam’s stance on homosexuality.
Many other examples can be given, but the point is that the whole distinction between “public” and “private” easily breaks down when it comes to at least some questions of morality and protecting people in society from the negative impact of what others do behind closed doors.
Well, the answer to this depends on what you think about homosexuality in the first place.
As I argue elsewhere, this is one possible argument justifying Islam’s prohibition of premarital/extramarital sex.
But, we could imagine other ways that a governing authority might regulate birth rates in order to protect society from the possible negative repercussions of private behavior.
Either way, in the case of drugs, even liberals agree that what someone does behind closed doors very much is the business of a higher authority, i.e., the authority of the state, which aims to promote public welfare overall. Studies have shown that the legalization of abortion in America and other countries correlated with drops in crime rates.
Researchers believe this happened because legalizing abortion made it easier for women to terminate unwanted pregnancies.
I then respond to these in turn, defending the Islamic view.
I understand that there are a handful of outspoken Muslims who try to argue that Islamic law does not prohibit same-sex acts, despite the consensus of scholarly opinion to the contrary.
Obviously, if one believes the weight of juristic consensus, combined with the unambiguous pronouncements of divine revelation and Sunnaic precedent, to be irrelevant in determining what God requires of us today, then it is hardly surprising (or interesting) that such a person would have divergent opinions on Islamic law vis-à-vis those who do put weight on that consensus, formed on the basis of those texts and those normative precedents.