이슬람과 성적 소수자

Abstract

The Qur'an is generally taken to condemn homosexual acts and in particular sodomy. Islamic Shari'ah law is extracted from both the Qur'an and Hadiths. Homosexuality under this law, is not only a sin,but a punishable crime against God. In the case of homosexuality, how it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty. In the Hanafi school, the homosexual is first punished through harsh beating, and if he/she repeats the act, the death penalty is to be applied. As for the Shafi`i school, the homosexual receives the same punishment as adultery (if he/she is married) or fornication (if not married). This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times. Hence,the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication. In Algeria, Article 388 of the Penal Code (adopted June 8 1966)sodomy may be punished with imprisonment from two months to two years and a fine(500 - 2,000 Alg dinars). Sodomy upon a male person under 18 years may be punished with imprisonment of up to three years and a fine of up to 10,000 dinars. According to Iranian human rights campaigners, over 4,000 lesbians and gay men have been executed since the Ayatollahs seized power in 1979. Altogether, an estimated 100,000 Iranians have been put to death over the last 26 years of clerical rule.