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- The views in the Muslim Judicial Council's "regrettable" comments on same-sex relationships are not unique to Islam, the Desmond & Leah Tutu Legacy Foundation and the Archbishop Tutu IP Trust has said.
- Last week the MJC said Islam, through its primary sources of legislation, "unequivocally prohibits same-sex actions and, by extension, same-sex marriages".
- The Al-Ghurbaah Foundation says the decree was passed without adequate information and consultation with the LGBTQIA+ community.
The Muslim Judicial Council's guidelines on same-sex relationships are "deeply regrettable", Archbishop Desmond Tutu's organisations have said, as all major religions are rooted in ancient scriptures, but the contexts of their prescripts have changed dramatically over the centuries, which has led to a clear change in religious practices.
"This view is by no means unique to the Muslim congregations of South Africa. In fact, the archbishop was so incensed by homophobia within his own church that he declared he would not worship a homophobic God. And that if heaven was homophobic, he would rather 'go to that other place'", the Desmond & Leah Tutu Legacy Foundation's Niclas Kjellstrom-Matseke and Archbishop Tutu IP Trust's Dr Mamphela Ramphele said in a joint statement.
"The notion of ubuntu – that I am because you are – means that we are all worse off for making members of our society twist themselves into unnatural, closeted, versions of themselves to please the dictates of religious leaders. We all lose out on the great beauty of human diversity when we make it seem that access to God's love is conditional."
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Tutu, writing in the foreword of the 1997 book Aliens in the Household of God: Homosexuality and Christian Faith in South Africa, referred to the treatment of gay people in the Church of South Africa when he wrote: "We make them doubt that they are children of God, and this must nearly be the ultimate blasphemy."
Last week, in a "brief clarification" by its Fatwa Committee, the MJC said Islam, though its primary sources of legislation, "unequivocally prohibit same-sex actions and, by extension, same-sex marriages".
"The one who contests the rulings belonging to this category has effectively rejected the categorical law of Allah. They have consequently taken themselves out of the fold of Islam," the statement reads.
"A person who has desire for the same sex but who does not contest the law of Allah remains Muslim. He or she is in the same category as one who desires to fornicate but who does not contest the sacred law. Persons in these categories who protect themselves from that which Allah has prohibited, despite their desires, will be rewarded.”
It further stated that "those who are tested with such desire and who strive to uphold the law of Allah be commended for their struggle".
Include
"The Muslim community should in no way ostracise them. By contrast, the Muslim community should strive to include them in their gatherings of worship and social activities. This stance of love and tolerance has always been the way of Muslims, especially in the Western Cape."
Islam teaches believers to "hate the sin, not the sinner", the committee said, encouraging Muslims to "display good conduct" when engaging with "non-Muslims belonging to the LGBTQ community".
"We may clarify the position of Islam if the context is appropriate. However, we must be cautious about taking all available measures to avoid spreading hatred."
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The MJC acknowledged that it was difficult to engage in a brief discussion of the "LGBTQ issue", but provided the points to serve as "general guidance" for Muslims.
"It requires a multi-faceted discussion including religious, socio-political, educational and many other dimensions, which are beyond the ambit of a short fatwa."
The Al-Ghurbaah Foundation - an organisation that offers psycho-spiritual and social support to Muslims who are marginalised on the basis of sexual orientation, gender identity and religious belief - said the fatwa committee passed the decree "without adequate information that informs the fatwa, without consultation with the LGBTQIA+ community around whom the fatwa is made, and without regard for any consequences the statements in the fatwa may have".
"Although there is no indication as to what may have led to the need for this fatwa, the … committee chose to target the LGBTQIA+ community during Pride Month and during the release of the documentary The Radical, which recounts the stories of queer Muslims and their struggles in reconciling with Islam," it said in its response, adding:
It continued: "With due respect, these classical scholars were not privy to the researched information around sexual orientation and gender identity available to us today, which seems to not be of paramount importance to the MJC."
The fatwa does not encourage bold and engaging conversation around the complex issue of human sexuality and gender identity, the foundation argued.
"The Muslim community is starved of critical thinkers who can sit in the discomfort of a discussion around sexual and gender diversity without feeling that their masculinity is being threatened. When critical thinkers rise to engage with contentious social issues, they should not be condemned as 'out of the fold of Islam', but rather be engaged with in a manner that is academically reputable and through a research framework that produces facts and tangible results.
"We encourage the MJC to rise and become leaders in critical enquiry and in the development of a functional Islamic jurisprudence (fiqh) for the marginalised within our community."
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It took exception to homosexual orientation being reduced to "mere 'choice' and 'desire'", saying it was "indicative of the lack of information around the innateness of sexual orientation, gender identity and sexual expression".
"It also speaks to the inability of religious leaders to distinguish sexual orientation from assumptions about public sexual immorality. The MJC is merely regurgitating patriarchal sentiments under the guise of Islamic jurisprudence, and these statements have repercussions on the lives of marginalised LGBTQIA+ people of faith.
"For many queer Muslims, their sexual orientation and gender identity, and their Islamic identity are intrinsic to their existence. Not being able to reconcile these elements result in a spiritual cognitive dissonance which may lead to suicidal tendencies and many other mental health issues increasingly faced by queer Muslims.
"Such sentiments make it increasingly impossible for queer Muslims to reconcile their sexual orientation and gender identity with Islam which have led to many queer Muslims abandoning their faith. The MJC must be held accountable for the repercussions the statements in their fatwa may have."
According to the Tutu foundation and trust, people's faith exists in the "context of their time".
"And it is important to recognise that although all major religions are rooted in ancient scriptures, the contexts of their prescripts has changed dramatically over the centuries. The development of people's consciousness of the concept of human rights has led to a clear change in religious practices – one is unlikely to find religions advocating for stoning and beating wrongdoers, beating one's spouse, or not mixing threads of different kinds."
Tutu taught that "God is not a Christian, nor a homophobe", it said.
"But across many religions, homophobia remains ever-present – in the behaviour of congregations, or individual people of faith; and often in the leadership of those religions.
"Those who lead their lives according to the prescripts of any particular faith rely on the leaders of their faith to navigate the intersection of traditional scholarly authorities and to place in the context of changing times the 'Golden Rule' of all religions – that we should treat people as we would like to be treated. That we should embrace the fullness of all people's humanity."
