Queer Muslim love: a time for ijtihad

ABSTRACT

Across the globe, Muslim communities have developed, and are continuing to develop, a theology of compassion, non-judgmental attitudes, and support toward queer Muslims. This discourse uses ijtihadic analysis to support acceptance of queer Muslim love, because religion is a strong and deep social construct that acts as a moral compass where Muslim queers learn to feel “unacceptable”, “bad”, and “worthless” and under the mercy of the horrified gaze of mainstream, heteropatriarchy, which uses religious arguments to contest the rights enshrined in the South African constitution. It provides a case study as a pedagogical reflection to share intentions, process, and outcomes of sexual diversity workshops to support queer Muslim love to broadly raise critical consciousness about alternative sexual orientations and identities.

KEYWORDS:

• Muslim
• Islam
• ijtihad
• queer
• love
• critical consciousness
• independent reasoning
• LGBTI
• patriarchy
• sexual orientation
• gender identity, human rights

Disclosure statement

No potential conflict of interest was reported by the author.

Notes on contributor

Pepe Hendricks grew up during a period of apartheid that inspired him to develop integrity, dignity and resilience in a constant struggle toward promoting peace, socio-economic transformation and justice through various interventions. His quest is to promote the spirit of ubuntu and psycho-spiritual growth in his work. He has practiced on local and global platforms in humanitarian development, conflict interventions and peaceable methodologies. As a human rights activist, he has worked with the Centre for Conflict Resolution, The Centre for Public Participation, and The Inner Circle (TIC). He was a Program Manager with TIC, an NGO that envisions a global Muslim community free from discrimination based on religion, sexual orientation and gender identity and has been involved with various projects for queer Muslims. In particular, he was involved with two international retreats entitled The Impact of Shariah on Gender and Sexually Minorities in Africa and Challenging Extremism: Engaging Islam & Human Rights. He is the editor of Hijab: Unveiling Queer Muslim Lives, a collection of South African stories of queer Muslims.

Notes

1 The terms ijtihad and ijtihadic describes a philosophical Islamic approach to scriptural interpretation, which is based on independent reasoning by the believer. A later section in this paper expounds on the ijtihadic tradition. 

2 The term ‘queer’ is used as an all-encompassing term for diverse sexual orientations, gender identities and/or gender expressions that do not conform to heteronormative society, which includes the spectrum of lesbian, gay, bisexual, transgender/transsexual and intersex (LGBTI) communities. 

3 Safi, Progressive Muslims.

4 Werner, Comparative Law in a Global Context.

5 Ṣallallāhu ′alayhe wa sallam’ (SAW) is a standard acknowledgement noted after the mention of the name of Prophet Muhammad (SAW). The translation is “Glory be to him” or “May Allah send blessings and peace upon him”. 

6 The Claremont Main Road Mosque was the first mosque in Cape Town to introduce seating for men and women in the same space on either side of the room at prayer. It is also well-known for allowing women to provide a pre-khutbah (sermon) at Jumu’ah, the congregational Friday prayer, although they do not get onto the mimbar (pulpit). One such lecture was presented by Sitty Dhiffy, a mother who contracted HIV, and in some instances presentations have also been done by people of other faiths.

7 Baytul Aman was the first old age home to be established in Cape Town that catered for Muslims. This was fairly controversial because it is common practice for senior citizens to be cared for by their children.

8 Positive Muslims was the first organisation in Cape Town to provide compassion to Muslims living with, or affected by, HIV or AIDS. This was in a period where the Muslim community was fearful of burying people that died from an AIDS-related illness because they believed that these people were cursed.

9 McLeod, “Case Study Method.”

10 Covey, The seven habits of highly effective people.

11 There are various texts in the Qur’an that interpreters use to condemn homosexuality, but there are contested views about them. According to Madyan, The Gospel of Homosexuals, the texts are essentially taken from the story of Prophet Lot (SAW) and it is believed that there are seven specific places in the Qur’an that are primarily used as indicators to oppose homosexuality, namely: Qur’an 7:80–4, 11:77–83, 21:74–5, 22:42–4, 26:165–75, 27:54–9, and 29:27–33.

12 Siti Musdah Mulia, for example, from the Indonesia Conference of Religions and Peace, cited evidence from the Qur’an (49:13) to say that homosexuality was from God, natural and was not merely a passion, or choice. She argues that the Qur’an acknowledges that people come from different races, colours and creed, which includes diverse sexual orientation. The implication is that homosexuality is sanctioned, providing that the freedom of sexual expression happens in a framework of taqwa (mutual consent, justice, maturity in age and self-restraint that promotes God-consciousness).

13 For example, “If a person commits homosexuality with a boy, then the mother of that boy is unlawful for him to marry” (in Bukhari 1); another hadith reported that the prophet (SAW) said that a manservant (said to be the brother of Umm Salama, Abdullah bin Abi Umayya) should not visit his wives (in Bukhari 7). The reason for this is often interpreted that it was because he was gay. However, the reason for evicting the attendant was because he was an impersonator, mistakenly assumed to be a mukannath (an effeminate man who is indifferent to women) who sexually objectified the body of the daughter of Ghailan, which nullified his service as a manservant to women (see Kugle, Homosexuality in Islam).