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The intended meaning of "same-sex intercourse" is sexual intercourse between two or more men, or sexual intercourse between two or more women. It does not mean the act of masturbation, nor does it have anything to do with nocturnal emissions, both of which are considered to invalidate wudu and require the Muslim to take a full bath or shower before his or her next prayer, but are not otherwise punishable under Sharia.
The Qur'an specifically mentions that same-sex intercourse is forbidden. See Homosexuality in the Qur'an, below.
While there is a consensus of opinion that same-sex intercourse is in violation of Islamic law, there are differences of opinion within Islamic scholarship about punishment, reformation, and what standards of proof are required before physical punishment becomes lawful.
All traditional Sharia legislation falls into one of four or five main madhhabs, or legal schools: Hanafi, Shafi'i, Hanbali, Maliki, and, according to the Shia, Ja'fari . More recently, some groups have rejected this tradition in favor of greater ijtihad, or individual interpretation. Of these schools, according to Michael Mumisa of the Birmingham-based Al Mahdi institute[1]:
It should also be noted that the punishment for adultery requires four witnesses; by analogy, the Shafi'i school, at least, requires four witnesses to the physical act of penetration for the punishment to be applied.
Same-sex intercourse carries the death penalty in five officially Muslim nations: Saudi ArabiaThe Kingdom of Saudi Arabia is a country on the Arabian Peninsula. It borders Iraq, Jordan, Kuwait, Oman, Qatar, the United Arab Emirates and Yemen, with the Persian Gulf to its north-east and the Red Sea to its west. Al-Mamlakah al-'Arabiyah as-Sa'udiyah, IranIran ( Persian: ) is a Middle Eastern country located in southwestern Asia that until 1935 was referred to in the West as Persia''. It borders Pakistan (909km of border) and Afghanistan (936km) to the east, Turkmenistan (1000km) to the northeast, the Casp, MauritaniaThe Islamic Republic of Mauritania is a country in northwest Africa. Its coast faces the Atlantic Ocean, between Western Sahara on the north and Senegal on the south. It should not be confused with the ancient country of Mauretania. Mauritania and Madagas, SudanAs distinct from the African region of the same name (usually shortened to the Sudan the Republic of the Sudan (or just Sudan is the largest country in Africa, situated in the northeast part of the continent. The capital is Khartoum. It borders Egypt to t, and Yemen. It also carried the death penalty in Afghanistan under the Taliban, and United Arab Emirates law is ambiguous on the subject. No other Muslim nations have the death penalty for it, and of those that do or did, only Saudi Arabia, Iran, and Afghanistan have been reported to have carried it out within the past decade.[2] Some, such as Turkey, have no laws forbidding it.
In Saudi Arabia, homosexuals may be killed for their practices, although in practise this is not usually done unless the state perceives a threat to its power [3]. It has been estimated that since the Islamic revolution in Iran, the Iranian government has executed more than 4000 persons charged with homosexual acts. In Afghanistan at least 10 homosexuals are known to have been executed for their sexual conduct by the Taliban. The vast majority of non-Muslims, led by Amnesty International, have condemned this practice, and some Muslims have joined in the condemnation. Reasons given by Muslims condemning the executions include: the fact that some legal schools (eg Hanafi) regard it as unjustified; the argument that the death penalty is not specified for it in the Quran; the idea that the punishment is unduly harsh; and opposition to the idea that the state's laws should be based on religion.
While executions discourage the outward manifestations of same-sex unions, it is nearly impossible to enforce laws against private same-sex relations since males are allowed to associate freely, as are females, and traditional Islamic law strongly emphasizes the right to privacy.
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