homosexuality and 5:33 ?

[ilker]

assalamu alaikum brothers and sisters,

Most of us know the flash news about the shooting in a gay club in the USA. Today when i saw this ayat 5:33 somehow i got confused. you know some groups claim that the punishment for those who engage in homosexual activity is death. other groups say that their punishment is the same for adultery (or fornication).

but isn't it possible that the first group and some individuals do these killings/bombings and then defend themselves by reminding 5:33 ?

can we consider "homosexuality" as a kind of "corruption" ?

"Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment." (5:33)

[Nura]

Salam Ilker

The incident that happened was absolutely mindless and cruel! Yes homosexuality can be thought of as sexual corruption but why single out homosexuality only, why  fornication among heterosexuals is not asked to be billed as a crime by muslims in these countries as well? To God, a sin of sexual nature is a sin of sexual nature, as long as we do not make fornication among heterosexuals illegal as well, only focusing on LGBTQ issues is discriminatory! The verses of the Quran does not give death penalty for fornication or adultery even among heterosexuals. The punishment for homosexuality is not mentioned. It is to be decided by the judiciary and law enforcers of a country upon consultation with learned people of that field. Killing a person mindlessly is not justified. Sexual indiscretion in the Quran assigns lashes and house arrest sometimes but not death! Death is an option during murder but even the option of taking blood money and forgiving the person totally is offered by God. Death is also assigned in the verse u quoted but other options are also mentioned in the same verse!

The verse u quoted have given several other options, like that of exiling them, why not implement that? Why death or cutting? Whatever laws God has given, there is an opportunity for a test for both sinners and law enforcers! When someone does something bad, the sinner or criminal as well as law enforcers and policy makers are tested! This is not a test for only that person who commits the crime, if law enforcers trangress and cause undue harm to sinners, law enforcers have to answer to God!

Moreover, these laws are to be implemented by people in authority, not anybody else,even if u live in a muslim country, a trial has to take place and the judiciary will punish or sentence the sinner! No layman has the authority to punish or give verdict even in so called muslim countries. The crime has to be proven ( making use of eye witness, biological testing etc) and the sinner must be given an opportunity to present his/her side of the story, so that oppression of any kind can be avoided and people are not punished for crimes they have not committed. If u r living in a country where most people are non-beleivers and the law is designed not keeping spripture in mind then u have 2options:
a) respect the law of the country and in the meantime work with jurisdiction so that scriptural punishment becomes law of the land, if u cannot influence the law makers and policy makers peacefully, u have to follow the law of the land. Not following the law of the land is sin itself
b) emigrate to a different country
 
Under no circumstance can u take the law in ur own hands and cause atrocities because if u do that the same law will apply to u, that of causing undue unrest  and corruption in society

[deleted]

سَلَامٌ عَلَيْكُمْ,

There is also the description of Lot, and the people of Lot, and this description doesn't state that Lot punished these people, right?

[Nura]

Salam Eliiah

You are absolutely right. The verse does not contain any instruction about what is a befitting punishment for the crime of homosexuality.

[Nura]

Also something I wanted to add, most of the times we forget that even if the country we live in makes somethings legal which are sinful according to the Quran, it does not mean that the government is encouraging or imposing that action upon reluctant citizens e.g If homosexuality is legal in ur country of residence, it just means that particular activity is not a crime or can land u a lawsuit, that is it, nobody is forcing u to engage in these activities if u do not like them. We all are sinners, nobody is perfect! But we should never forget God's warning of not trangressing against sinners and committing sins of aggression ourselves. But if u r in a position of authority and the law of the land is designed according to scripture ( bear in mind Quran does not call for death of homosexual individuals, and the death sentence clearly is a transgression if implemented for sins where God did not give that option as a probable punishment. We should not take away something we cannot give back, and till now we cannot revive a person from death), and there is no dispute among the judiciary, then ofcourse the law of the land should be implemented.

[ilker]

assalamu alaikum guys

thanks for your comments mashaAllah. i must say that i don't have any problems with anyone ! this is just a sincere question to understand the ayah and its applications correctly inshaAllah.

are there any articles, posts or links etc. talking about 5:33 in detail ? so InshaAllah i can get some correct information. Only Allah knows best. 

[Wakas]

http://www.misconceptions-about-islam.com/islam-homosexuality.htm
http://mypercept.co.uk/articles/Quran-crime-punishment-expiation.html

[Zack]

Hello all,

As I have mentioned concerning the Qur'an lately, there needs to be a reminder of the CONTEXT.

The legal and moral instructions (such as those verses relating to homosexuality) within the Qur’an are what the Arab armies recited as they brought tribal Arabia under a single creed and leadership. Beyond that, there was instruction to ensure that the laws of Christian and Jewish cities were not to be affected, with those people considered a part of the “community of faith.”

Wael B. Hallaq writes in his book “The Origins and Evolution of Islamic Law”…

The Arab army with their families consisting primarily of tribal nomads, rather than take up residence in the newly won cities, for the most part inhabited garrison towns as a separate class of conquerors…. The standard Arab policy adopted during the entire period of the conquests were for the invading Arabs to ‘‘establish a covenant with every city and people who received’’ them. They were to give these people ‘‘assurances and to let them live according to their laws, for the conquered to regulate their own affairs exactly as they had been doing prior to the advent of Arab conquest.’’ 

With this as a context, with the Qur’ans legal instructions being recited and applied to Arab armies who did not have laws to unite them, and NOT for those conquered in the early 7th century, it is difficult to use the Qur’an to justify the punishment of Muslims, let alone non-Muslims.

Wasalam
Zack