UNGS 2290

KNOWLEDGE AND CIVILIZATION IN ISLAM

THE DISCUSSION ON LGBT BASED ON IMAM SYAFIE AND IMAM ABU

HANIFAH

Prepared by:

Ainun Mardhiah binti Shaheezam (2218518)

Nurul Iffah Athirah binti Khalidi (2218576)

Muhammad Aziezzan Zekry bin Shahrunnizam (2218925)

Sri Sofea binti Ridzuan (2218978)

Muhammad Izzul Akmal bin Mohamad Halim (2219377)

Nurul Husna binti Kamarul Arifin (2219622)

Lecturer:

Madam Az Zahara binti Abu Jamal

Kulliyyah of Language and Management

International Islamic University Malaysia

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1.0 Introduction

The word "LGBT" is increasingly being talked about among Malaysians regardless of
diversity, age, race, religion and culture. LGBT stands for Lesbian, Gay, Bisexual, Transgender
and or Intersex. It is a term used in the early 90s until now. LGBT is taken from the abbreviation
LGBT which was initially used as a replacement for the expression 'gay community'. Today,
LGBT is used to indicate a person or anyone who has a difference in sexual orientation and
gender identity based on the traditional norm of heterosexuality. Simply put, people who have a
non-heterosexual sexual orientation and identity such as homosexual, bisexual, or otherwise can
be called LGBT. The phenomenon of Lesbian, Gay, Bisexual & Transgender (LGBT) is
increasingly becoming a major issue that drives the existence of perverse behavior in society in
Malaysia, especially among the younger generation. LGBT culture certainly deviates from
Muslim norms, especially when it involves issues related to religion and culture in Malaysia. The
existence of this phenomenon causes controversy especially when it deviates from the true
teachings of Islam where Malaysia is one of the countries that adheres to the teachings of Islam
as the official religion.

Therefore, problems related to social symptoms are among the main issues faced by most
countries including Malaysia. At the international level, more and more countries are starting to
highlight this issue until some countries continue to make this act a crime if practiced openly.
Nevertheless, the legislation that exists in Malaysia about LGBT symptoms is seen as somewhat
ambiguous even though it has been designated as an offense in general. Every religion has its
views and opinions. Islam also has various perspectives on this LGBT. Society needs to
appreciate and understand views from various angles about LGBT in a realistic and grounded
way so as not to be biased. For the Islamic religion, there are various views and each of these
opinions must go back to the Al-Quran and Hadith which are the main sources of Muslims.
Therefore, there are two research objectives to be achieved, namely to analyze how to approach
the LGBT group of Imam Syafie and Imam Abu Hanifah and to be able to distinguish opinions
based on Imam Syafie and Imam Abu Hanifah. This is to see and study the relationship between
the views of the Imams who have become sects of Muslims.
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2.0 Discussing LGBT within revelatory sources: Quran and Hadith

2.1 Quranic discussion on LGBT

LGBT is an immoral act that has been happening since the time of Prophet Lut. There are several
verses in the Quran that talk about LGBT people. The following is a translation of the meaning
of the Qur'anic verse according to Ibnu Kathir's interpretation:

1. Surah Al-A’raf (7:80-81)

‫( َو‬And) ‫(( لُوطاًِإ ْذ قَا َل لِقَوْ ِم ِه‬Lut, when he said to his people…(80)). Lut (Lot) was Ibrahim's nephew;
may peace be upon them both. He is the son of Haran, who is the son of Azar (Terah). Lut
followed Ibrahim to the Sham region because he had faith in him. Then Allah sent Luth to call
the people of Sadum (Sodom) and the nearby villages to Him, urging them to do good, and
prevent them from engaging in sin and other forms of wrongdoing. They carried out actions in
this area that no previous creature, including Adam's children, had ever carried out. In the past,
they engaged in sexual activity with guys instead of girls. Before the people of Sodom, may
Allah's wrath be upon them, invented it, this awful behaviour was unknown to the Children of
Adam and never even entered their minds. Amr bin Dinar made a comment; ‫َما َسبَقَ ُك ْم بِهَا ِم ْن َأ َح ٍد ِّمن‬
َ‫"( ْال َعـلَ ِمين‬...as none preceding you has committed in all of the nations."(80)), "A man had never
had sex with another man before the people of Lut." Due to this, Lut stated to them: َ‫ِإنَّ ُك ْم لَتَْأتُون‬
ِ َ‫ُون النّ َسآء َأتَْأتُونَ ْالف‬
َ‫ـح َشةَ َما َسبَقَ ُك ْم بِهَا ِم ْن َأ َح ٍد ِّمن ْال َعـلَ ِمين‬ ِ ‫ال ّر َجا َل َش ْه َوةً ّمن د‬-- ("Do you commit lewdness such
as none preceding you has committed in all of the nations Verily, you practice your lusts on men
instead of women."(80-81)) meaning, you abandoned the women Allah had made for you and
had sex with males instead. Since you put items in the wrong places, your behaviour is indeed
cruel and foolish.
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2. Surah Al-‘Ankabut (29:28-30)

Allah informs us that His Prophet Lut, peace be upon him, warned his people for their bad deed
and their immoral conduct in having sexual relations with males, an act that had never been done
by any of the sons of Adam before to them. They also robbed travellers, waited in wait on the
road, killed people, and stole their property in addition to disbelieving in Allah, rejecting, and
opposing His Messenger.

‫( ا َتَْأتُونَ فِى نَا ِدي ُك ُم ْال ُم ْن َك َر‬And practice Al-Munkar in your meetings.(28)) This means, `in your
gatherings you do and say things that are not appropriate to the occasion, and you do not publicly
declare to be wrong or evil one another for doing such things.' Some said that they used to have
intercourse with one another in public; this was the view of Mujahid. Some said that they used to
compete in passing gas also known as farting and laughing. This was the view of `A'ishah, may
Allah be pleased with her, and Al-Qasim. Some of them claimed that they once staged cockfights
or forced rams to fight one another. They used to act in this manner and were much more cruel
than that.

َ‫ب هَّللا ِ ِإن ُكنتَ ِمنَ الصَّـ ِدقِين‬ ْ ُ‫اب قَوْ ِم ِه ِإالَّ َأن قَال‬
ِ ‫وا اْئتِنَا بِ َع َذا‬ َ ‫( فَ َما َكانَ َج َو‬But his people gave no answer except that
they said: "Bring Allah's torment upon us if you are one of the truthful."(29)) This demonstrates
their scepticism, disdain, and stubbornness. In order to combat them, Allah's Prophet prayed and
said: َ‫( َربِّ انصُرْ نِى َعلَى ْالقَوْ ِم ْال ُم ْف ِس ِدين‬My Lord! Give me victory over the people who are corrupt.(30))

There are 4 other surahs also discussing about LGBT which is Surah Hud (11: 77-79), Surah
Al-Hijr (15: 67-72), Surah Ash-Shu’ara (26: 165-178) and Surah An-Naml (27: 54-58).

2.2 Hadith discussion on LGBT

"That the Prophet Muhammad s.a.w was in his house and there was in a house someone
who behaved like a woman. So the Prophet SAW said to Ummu Salamah's brother Abd
Allah bin Abi Umayyah: "If Allah releases Taif for you tomorrow, then I will show you the
house Binti Ghaylan, who came with four and left with eight members”. The Prophet
Muhammad s.a.w said "Never let them enter your houses." (narrated by al-Bukhari in its
sahih Kitab al-Nikah, number 4834.)
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A hadith that also mentions transgender people, where in the time of the Prophet Muhammad
SAW there is a transsexual. Then the Prophet Muhammad SAW warned not to bring the
transsexual into the homes of Muslims. What the Prophet Muhammad SAW meant was to forbid
the people from being a part of this group.

The Prophet Muhammad SAW prohibition to keep these people away from Muslim homes is the
same as the previous hadith to protect the family and avoid bad symptoms that could lead to
more defamation. In fact, when working with this group, it is difficult to ensure religious
sincerity and cannot be protected against slander..

According to RA, Ibn 'Abbas:

Meaning is: Men who looked like women and women who looked like men were cursed by God's
messenger."

For the validity of the hadith above, this hadith was reviewed by Al-Mu'jam al-Awsat, 51 Sunan
Abi Dawud, 52 Sunan Ibn Majah, 53 Sunan al-Tirmidhi, and 54 Sunan al-Tirmidhi all contain
this hadith. This hadith, according to Al-Tabrani, was only narrated by Zakariyya from 'Umar.
This Zakariyya hadith was only narrated by Ruh bin 'Ubadah. 55 According to Al-Albani, the
status of this hadith is correct. 56 As a result, this hadith belongs to the genuine category.

The Prophet SAW cursed people who were transgender, whether they were men who resembled
women or the other way around. In this instance, it refers to the group of men who, from a
variety of perspectives, resemble women, highlighting a man as a woman rather than a man. In
our nation, this group is referred to as mak nyah or pondan. On the other hand, women who
resemble men are also that way. Tomboys or women who look like men. (In its sahih (Kitab
al-Libas), al-Bukhari narrates a hadith with the number hadith 5436.)

The hadith that says the Prophet SAW cursed men who looked like women or the other way
around. The Prophet SAW demonstrated that the move that can be made against this gathering is
to eliminate them from the homes of Muslims. In point of fact, the removal of one of these
individuals by Umar al-Khattab only served to reinforce it. Actions to prevent this group from
mixing with Muslims, as discussed by scholars. The offender may be removed from a district or
state where he is no longer able to closely associated with the community he knows.

According to the hadith that is being discussed, this perverse behavior has a negative impact on
society if it is not curbed because it can result in a lot of slander and more negative outcomes.
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3.0 Imam Syafie discussion on LGBT

Imam Syafie, also known as Muhammad bin Idris bin al Abbas bin Uthman bin Syafie
bin Ubaid bin Abdu Yazid bin Hisham bin al Muttalib bin Abdi Manaf, was a well-known
Islamic jurist who was born in Gaza, Palestine, in 150H. He is a favourite student of Imam Malik
and is of Quraish ancestry. Compared to other imams, Imam Syafie is the sect's founder and has
a sizable following. In this sense, Imam Syafie's opinion of the LGBT community is that it
should be strongly denounced and is a crime. Imam Syafie claims that as liwat is regarded as a
terribly cursed conduct, this LGBT group wants to be punished by being handed the death by
stoning sentence for those who commit it, regardless of gender. In Syafie's perspective,
regardless of the perpetrator, whether it is committed by an unmarried person or a married
person, it is called fahisyah. Fahisyah means a disgusting or vile act. Even if liwat is performed
voluntarily or willingly, it is still unlawful and should be punished according to Islamic law.
Imam Syafie relates the stoning penalty for fornicators in this instance to zina in terms of the act,
punishment, and deviance. This is so because someone who engages in fornication is not
mentally sound and has poor morality. Since Imam Syafie lived between two intellectuals at the
time, Imam Maliki and Imam Hanafi, who had each expressed their views on liwat, he presented
his viewpoint on the punishment for those who commit fornication by being stoned to death.
There are those who believe that the offender should receive ta'zir punishment (punishment for
the offender whose law is against syariah) and those who believe that the offender should receive
hudud punishment because initially there were three opinions for the punishment for the offender
of fornication, which were to be killed and thrown out, stoned, and abused. Due to the fact that
the issue stems from an action that has already been taken, Imam Syafie chose the middle ground
and instituted the stoning penalty.

"Whoever you find committing fornication (the practice of Luth's people), then kill the
fornicator and the person being fornicated"

Based on this hadith, Imam Syafie asserts that the punishment for adultery is stoning stone to
death on those involved whether the men are married or still unmarried.
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In addition, musahaqah, which is interpreted as a reverse relationship between a woman and a

woman, the scholars say that the act of musahaqah is the same as the act of mubasyarah (body
contact) between a man and a woman that does not involve the insertion of the penis into the
vagina. Therefore he is subject to ta'zir punishment not hudud. (Al-Bayan fi Mazhab al-Imam
al-Syafie, 12/369)

َ ‫ُعقُو َب ٌة َغ ْي ُر ُم َق َّد َر ٍة َشرْ عًا َت ِجبُ َح ًّقا هَّلِل ِ َأ ْو ِآلدَ مِيٍّ فِي ُكل َمعْ صِ َي ٍة َلي‬
َ ‫ْس فِي َها َح ٌّد َوالَ َك َّف‬
‫ار َة َغالِبًا‬

Meaning: "The punishment that the provisions are not set by syar'i, either related to God's rights
or human rights, generally applicable to every sin that does not have hudud or expiation". Ta'zir
is a punishment that has not been set by the syar'a for disobedience for which there is no limit
and expiation. In other words, ta'zir is given in order to educate and teach people who commit
immoral acts to become better and not repeat their actions. Imam Syafie said the limit of ta'zir
punishment cannot exceed the limit of hudud punishment. Forms of ta'zir punishment such as
insults, advice, expulsion from the district, prison, beating and caning or death.

Next, Imam Syafie opined about the nature of homosexuality which makes hudud punishment
mandatory for the offender. According to the opinion of Imam Malik, Imam Syafie in one of his
opinions as well as a narration that is considered the most clear from Imam Hanbali, which is
that the punishment imposed on people who commit homosexuality is stoning, whether the
perpetrator is a man, woman, widower or widow. According to another opinion from Syafie, his
opinion is considered the strongest. The punishment imposed is the hudud punishment. Imam
Syafie distinguishes between male and female perpetrators who are unmarried or married. For
muhsan (adultery committed by someone who is married or has a husband or wife) is punished
by stoning to death while for non-muhsan (adultery committed by someone who is not legal or
has never been married) is punished with 100 lashes and exiled for a year accompanied by the
required proof of the occurrence of homosexuality are four witnesses as adultery. This opinion is
the same as the opinion of Said bin Musayyib, Atha' bin Abi Rabah, an-Nakha'i, al-Hasan and
Qatadah.
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4.0 Imam Abu Hanifah discussion on LGBT

Nu'man bin Thabit bin Nu'man bin Marzaban comes from Persian ancestry. He is known
as Imam Abu Hanifah who is the Imam of the Hanafi sect. Imam Abu Hanifah was born in the
year 80 Hijri or 659 AD in Kuffah and died in the year 150 Hijri and 767 AD while he was in
custody. In determining the law, Imam Abu Hanifah refers to the Quran as the first reference
followed by the hadith as the second reference. However, if the answer is found in the Al-Quran
and hadith, then Imam Abu Hanifah uses the ra'yu approach, which is to choose the mind or ‘aql
to determine a law.

Among Imam Abu Hanifah's opinion on homosexuality is "Indeed homosexuality is not adultery
due to the disagreement of the companions in that it is obligatory to burn with fire or throw it on
a high place as is done in adultery and homosexuality is not the same as adultery because it will
not produce children and neither destroy family lineage". He gives the opinion that homosexuals
are only punished with ta'zir because adultery is more dangerous than sexual intercourse, on the
grounds that adultery can produce offspring while sexual intercourse does not produce offspring.
In other words, Abu Hanifah thinks that adultery cannot be equated with adultery. This statement
is supported by Abdurrahman Al-Juzairy in his book entitled fiqh four madhabs, he stated that
Imam Abu Hanifah said there is no punishment limit for homosexuals, but they are punished
with ta'zir which is the rule agreed by ulil amri that is imposed on homosexuals for have an
effect that can prevent them from doing this heinous act. Imam Abu Hanifah thinks that adultery
and homosexuality are different in terms of the act because adultery is committed by a pair of
unmarried women and men, while homosexuality is an act committed by those of the same sex,
i.e. a man and a man or a woman and a woman.

The determination of ta'zir law is according to this hadith:

Meaning: “Allah SWT curses anyone who does such an act the people of Prophet Luth,
(the Messenger of God repeats three times).” (HR. Nasa'i)

Based on the hadith, the word "curse" is still unclear in terms of its definition. According to
Imam Abu Hanifah, after the above hadith is analyzed, it is clear that homosexuality and adultery
are not the same act. Then, ta’zir is applied. Ta'zir punishment also serves as a lesson to
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homosexual perpetrators which means an effort to cure sexual disorders that occur in the
perpetrator's body so that they are alert. Not only that, the setting of ta'zir is also to give an
opportunity to repent and as a lesson to the person who commits or others. It is not simply to set
the punishment of killing or persecuting the perpetrator.

According to Imam Abu Hanifah, homosexuality is included in the category of criminal act
(jarimah) and agreed on its illegality as has been explained in QS. Al-Ankabut verse 28:

٢٨ َ‫َولُوطًا ِإ ْذ قَا َل لِقَوْ ِم ِٓۦه ِإنَّ ُك ْم لَتَْأتُونَ ْٱلفَ ٰـ ِح َشةَ َما َسبَقَ ُكم بِهَا ِم ْن َأ َح ۢ ٍد ِّمنَ ْٱل َع ٰـلَ ِمين‬
"And ˹remember˺ when Lot rebuked ˹the men of˺ his people: “You certainly commit a shameful
deed that no man has ever done before you.”

However, the determination of punishment for the perpetrators of homosexual crimes is enough
to impose ta'zir based on the argument of Imam Abu Hanifah. This is different from the opinions
of imams of other sects who punish the perpetrators. Homosexuals must be stoned both married
and unmarried like: Imam Malik, Imam Shafie and Imam Hambali.

5.0 Analysis

The different of opinion from Imam Syafi’e and Imam Abu Hanifah

If researched, broadly the opinions from 4 imams can be divided into three groups, namely the
first group is the opinion that says that they must be killed absolutely. Second, that the
punishment for them is the same as adultery. While the Maliki, the Hanbali, and some of the
Shafi'iyyah believed that homosexuals were punished by stoning to death. Third, unlike other
scholars, Abu Hanifah thinks that the punishment for homosexuals is ta'zir, not hadd.

In terms of the laws imposed on LGBT offenders by Imam Syafie and Imam Abu Hanifah are
very contrary. This is because Imam Syafie qualifies LGBT acts as adultery. Then the offender
should be punished with the death penalty or stoned 100 times. It can be seen that Imam Syafie is
strict in making laws. Meanwhile, Imam Hanifah made the law to LGBT offenders with ta'zir
only because in his opinion LGBT acts are not the same as adultery. Therefore, the punishment
cannot be equated with adultery. This is because Imam Abu Hanifah makes laws mostly based on
the ra'yu approach which is using his ‘aql if the answer is not found in the Al-Quran and Sunnah
regarding the establishment of laws.
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Are the opinions from Imam Syafie and Imam Abu Hanifah in line with the revelatory
sources ?

Imam Syafie and Imam Abu Hanifah will make reference to Al-Quran and Sunnah first before
making the law. Based on our research, we explain Imam Syafie’s opinion using the Hadith he
referred to. Meanwhile, Imam Abu Hanifah’s opinion using the Quran verse and Hadith he
referred to. But during the time of Abu Hanifah, false hadiths were widely spread, so Imam
Hanifah was very sensitive in referring to hadiths at that time. Therefore, Imam Abu Hanifah
uses the ra'yu approach, which is to use his intellect to determine the law.

Are the laws that are made by Imam Syafie and Imam Abu Hanifah appropriate to be
applied in the modern era ?

For Imam Syafie’s opinion, severe punishment is imposed on LGBT offenders, which is to be
killed or stoned 100 times. In our opinion, this punishment is quite heavy for the offender. In
Islam, we are still given the opportunity to repent before the apocalypse. Like the law made by
Imam Hanafi that only ta'zir punishment is imposed to give offenders a chance to repent. Thus,
perhaps Imam Abu Hanifah's punishment is appropriate to be applied in the modern era. But if
LGBT is being extreme, Imam Syafie law can be used as a legal basis.

6.0 Conclusion

Indeed, the Qur'an tells the story of the prophets and previous people, so that people can
imitate their morals and not just the stories that are told, even so that the reader and the listener
can take a lesson, as if it tells people that in the past Allah SWT has reward the disobedient for
their disobedience. (See Tarikh al-'Arab, p. 179) In a hadith narrated by Ibn Abbas R. Anhuma,
the Prophet SAW said: ‫ فَا ْقتُلوا ْالفَ ِع َل َو ْال َم ْفعُو َل بِ ِه‬,‫وط‬
ٍ ُ‫ َم ْن َو َج ْدتُ ُموهُ يَ َع َم ُل َع َم َل قَوْ ِم ل‬Meaning: "If you find
someone doing the practices of the people of Lut, kill the perpetrator and the person who is being
treated."

According to Imam al-Khattabi in Ma'alim al-Sunan, the actions of the people of the Prophet Lut
were punished so harshly because it appeared that the jurists were alluding to the purpose of
Allah SWT's pain and punishment, who had rained stones on the people of Lut until they were
all murdered.

But based on Imam Abu Hanifah's opinion about the punishment for homosexuals is that
homosexuals are only punished with ta'zir because adultery is more dangerous than intercourse,
with the reason that adultery can produce offspring while intercourse does not produce offspring.
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Ta'zir punishment also serves as a lesson to homosexual perpetrators which means trying to cure
sexual disorders that occur in the perpetrator's body so that they are alert. Not only that, the
determination of ta'zir is also to give an opportunity to repent and as a lesson to the person who
did it or others. It is not merely to prescribe the punishment of killing or persecuting the
perpetrator. Therefore, Islam is simple, but let's not simplify things that are already simple. What
is obligatory, must be done first, what is forbidden is still prohibited in Islam.

However, God's punishment for humans who practice perverted relationships such as
homosexuality cannot be denied to be terrible. Unfortunately, after thousands of years of Nabi
Lut's people being destroyed, it turns out that there are still parties who do not take lessons from
the tragedy, in fact, groups like this are more daring to stand out at this time, such as organizing
large-scale parades or inserting these elements into movies or dramas. series as shown by the
Netflix application which has an open element even though it has placed an age limit on each
description, but the audience does not follow the age adjustment set by some programs because it
can be easily accessed at the fingertips. Therefore, parents need to monitor their children's
activities in the use of gadgets so that they are not exposed to homosexual scenes or stories with
a sexual element for age-appropriate screenings to prevent them from normalizing the issue of
homosexuality in our society so that homosexuals are still viewed as skewed by our society in
this era of globalization .

Sheikh al-Maraghi said: Do you still do this heinous act when no one has ever done it; you make
relationships with men by leaving your wife who is permitted by Allah SWT to make a
relationship with them? Indeed, you belong to a people who go beyond the limits, whether from
the aspect of logic and the law that is set. You committed that sin which never crossed the mind
of anyone before to do so. (See Tafsir al-Maraghi, 10/4975)

Clearly here as Muslim, we need to avoid for commit homosexual as we need to take a lesson
from the story of the Prophet Luth by avoiding adultery including same-sex relations not only to
avoid various dangerous diseases but it is clearly forbidden by God as strongly as the evidence
shows that the people of the Prophet Luth were punished so terribly, do we as reasonable human
beings not take a lesson from the story? Islam actually continuously encourages its people to
always think and think about something in themselves and in the universe created by God. Many
times the Qur'an mentions: "Afala Tatafakkarun" (don't you think), "Afala Ta'qilun", (don't you
use your mind), "Wa fi Anfusikum, Afala Tubsirun", (what is inside you don't you see?)
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