Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations
2. Universalist Roots despite Identity Uniformization
2.1. Universal Faith, Innovation and Reification
2.2. Apostasies, First and Second Degree
2.3. So-Called ‘Majority’ Jurisprudence Schools Nowadays
‘They question thee (O Muhammad) with regard to warfare in the sacred month. Say: Warfare therein is a great (transgression), but to turn from the way of Allah, and to disbelieve in Him and in the Inviolable Place of Worship, and to expel his people thence, is a greater with Allah; for persecution is worse than killing. And they will not cease from fighting against you till they have made you renegades from your religion, if they can. And whoso becometh a renegade and dieth in his disbelief: such are they whose works have fallen both in the world and the Hereafter. Such are rightful owners of the Fire: they will abide there in’.
2.4. Apostasy Betrayal in War, Jeopardizing Tribal Survival
‘Islam has abolished all signs of the fingerprints of anti-Islam and all marks of those which pertain to the very essence of the life of the pre-Islamic people. It encompassed Arab proverbs and Bedouin life; thus it considered to be apostasy the state of nomadism after Islam, and it forbids leaving the city for the countryside. The Bedouin, when he embraced Islam, had to remain a city dweller and he was charged with the duty of making war for the propagation of Islam. The reason was that nomadic and Bedouin life took away the group’s estrangement and abandonment of civic duties such as protecting Islam and to work for the social promotion of common interest. This is why Aba Dhar Al Ghifari, Companion of the Prophet, was accused of having chosen to isolate himself in Rabadha, outside the city, abandoning the group’.
2.5. Politico-Religious Schisms and Epistemological Variations
‘Any Muslim man who bears witness that there is no god except God and that I am the Messenger of God, his blood is unlawful to shed except under one of three circumstances: a married man who commits adultery; a man who kills an innocent person unjustly; and he who abandons his religion and thus separates himself from the community’.
3. Contemporary Tribal Apostasy and Perversions in Islam
3.1. Freedom of Consciousness in Maghreb: Morocco Minorities Case Study
‘It is true that the State structures cannot work with these populations because they are stigmatized in the health centers and so on, but it is the State which gives us the money within the framework of the Global Fund, so that we can carry out activities […] with these populations […]. So it is the state that buys condoms and gels that we distribute to homosexuals who come to us; it is from the budget that is given by the Global Fund through the Ministry of Health. We also campaign in partnership with institutions, that is to say we have a collaborative tactic. And we also have a grievance tactic. This protest tactic is the one we spoke about: is it not a problem to ask for the repeal of article 489, [but in collaboration] with other major human-rights organizations’.
‘You really have to bang your fist. Yes we can do that, we also do conferences. But besides that, we have to create a buzz […]. When you make the buzz, everyone knows! You saw there was this! You go to the hammam, in the taxi, at work, with your family: did you hear? Someone is there, they had a picnic, they had a kiss-in. We go out in the public space. So we go out with the LGBT+ flag, with our signs, we take a picture of ourselves in front of the Ministry of Justice, in front of the Parliament… It’s symbolic, that’s still a strong symbolism’.
‘A generalist association, […] not an identity association; we are a community association. The concept of our work is about doing it with people, with community agents, that is to say people who belong to these groups. Because we believe in a simple idea that says deal with it and not do with it. So we work with these people and not for these people; therefore, whether it is men who have sex with men, whether it is sex workers, whether it is injecting drug users, whether it is people living with HIV… And according to our constitution as an association, we advocated for a community approach, and these communities exist within our network as sister associations, as group leaders, and sometimes even as employees of our organization. By working on this community approach, accompanied by all the people who fight against AIDS, we have noticed that there is something that is correlated with the fight against AIDS, it is the fight for individual rights’.
‘The fight for democracy and human rights and the fight against AIDS, these are therefore two things that are interrelated […]. And so like that, we started to put into the discussions that, in order to succeed in our prevention approach and to also succeed in the fight against AIDS, we must respect the dignity of these people, especially since the whole concept of risk reduction is based on the philosophy of self-esteem […]. And to work with these people on self-esteem, you have to break down the barriers of fear, stigma, and discrimination. Hence our fight against the stigmatization and discrimination of these populations is therefore also part of our demands, since the criminalization of sex work or the criminalization of homosexuality blocks our prevention strategies’.
3.2. Between Radical Universalism and Cooperative Relativism
‘[MALI is] a movement, that’s important to point out, which is universalist, feminist and secular. So it’s very important, especially the notion of universality, because often in Morocco people who are engaged [for human rights], whether they are independent people or collective associations, have to do a lot with cultural relativism. We reject cultural relativism, we believe that rights and freedoms have no borders, have no skin color, have no religion. So a woman or a man must be free in Japan, must be free in the United States, in France, in Morocco, and we are not going to say: ‘ah but no, but wait, as we are in Morocco, we are not all the same, cultural specificity… that is not for us’. And in fact we often find ourselves isolated on this issue of universality of rights’.
‘What people don’t understand: in human rights there is no priority. People confuse human rights with needs. Needs yes, you can prioritize needs: I must eat, I must… But human rights are interdependent and indivisible. So the right to education is just as important as the right to health, the right to privacy, the right to sexual freedom and so on; that’s it. So unfortunately people often put out this rotten story, that there are priorities. No! Never in human rights, never, never. Does that mean you prioritize the victims? Or discriminations?!’.
‘Sometimes [international human rights organizations] put causes that are not a priority, sometimes. These are real causes but they are not a priority. They put things that are not a priority for the Moroccan human rights movement’.
‘They are kidding, the international community, when they say that they are the ones who did things […]. The international community comes after. There is always needs for intrinsic actions. They take over, but they didn’t make things happen […]. It is the Morocco who have made progress’.
‘That opened the debate, within the Moroccan population, but also within other associations. Here they take part to these debates, and so much the better, because that is what we want: students, even high school students, it’s awesome! Who would have thought that in public high schools students would contact me to tell me we are going to give our presentation in history or in philosophy or in Islamic education, on MALI in general, or about freedom of consciousness, sexual freedom, LGBT+ rights!’
‘It will not change tomorrow, neither mentalities, nor laws’.
‘Half the class was against individual freedoms. By cultural relativism: there is freedom… but we are in Morocco, there is cultural pressure. There were women—yes young women, students—who spoke from a misogynist perspective’.
‘It is a problem of political Islam. There is a societal evolution. I can say, even on an anthropological level, that Moroccan have no problem with homosexuality and sex work […]. I say that the problem of criminalization rose to the top with the rise of political Islam […]. He [Hassan II] used the Islamists to attack the leftists […]. So these are mistakes which left after-effects’.
‘Relations outside marriage have existed in Morocco in a natural way all the time. In my era, when I was in college, there was no boy who didn’t have his friend and vice versa. It was normal with us. With the Islamists, that have become criminalized and people are now hiding’30.
‘But no, the mentalities are backward here obviously, obviously. It’s a very conservative society, and that is going from bad to worse, there is really a rise of religion, which is terrible, which is impressive, among young people, a lot! And then the education system uh… that’s when you see what’s in the textbooks… It’s still very misogynistic, hateful, homophobic’.
‘A student who contacted me, he is in first grade, and then their teacher of Islamic education—it’s a private high school—clearly tells them in class that atheists must be killed, we have to kill homosexuals; clearly, like that. Students from Marrakech medical faculty contacted us—there is the psychiatry course in the fifth year of medicine—and the psychiatry teacher (…) told them that homosexuality was a disease, a perversion, it was considered to be as bad as pedophilia’.
‘It will not be enough to repeal a law. Look at the law of underage marriages. In the Mudawana of 200431, it is 18 years; well that does not prevent [forced child marriages]. But, it is important that the law has been repealed anyway […]. That can be a first step in any case, avoiding [those minorities] to go to jail’.
‘We are for the repeal of these laws, but it is parallel. We cannot just repeal a law, we must at the same time work on changing mentalities’.
3.3. Adapting to State Dysphoria, between Human Rights and Cultural Needs
‘[AIDS] is a topic that is not very taboo like homosexuality or sex workers. Because you will find religious men who are drug users, they can say they are drug users, but they cannot say they are gay, even though there are some among them who might be MSM33’.
‘The 489 is unconstitutional. So normally it should be repealed, because one cannot be schizophrenic’.
‘It was MALI that launched the International Day against Homophobia and Transphobia (IDAHO), which did not exist in Morocco before; we launched it, I believe, in 2012’.
‘We must not forget that people, whether for article 222, or 489 and 490, are not going to affirm [their sexual identity]. This is also why […] we do not know all the people who were arrested for these reasons. Considering the number of people who lie… After that being said, you can ask the court, they will never give you the precise number’.
‘Patriarchy is the big deal. The fight against patriarchy is essential because it is patriarchy that ensures women and sexual minorities rights35; it is because we are in a kind of patriarchal, heteronomous, heterocentric society and homosexual people, transsexuals36, etc., are victims of patriarchy’.
‘The weight of religion is terrible. There really is a socio-religious inquisition in this country. And then I think that, since the King is Commander of the Faithful and Islam is the state religion, this is a big problem; it is really a big problem […]. As long as we do not separate the religious from the political, it will be problematic; it will be really problematic. Secularism is the solution (laughs)’.
‘I am a fervent libertarian and I find that […] freedom is really the whole thing. If we don’t have freedom, I find that we have nothing, really, really […]. If they give me food and everything, but taking away all my freedom, I’m not going to eat […]. Too bad, I prefer to die […]. Besides, I am even ready to die for my ideas, that’s why I take all these risks. For me, the risks that I take and the consequences that I have to leave with, are really minimal compared to […] the causes that I defend, for the dignity of human beings, and respect of their human rights’.
‘There are no interpretations, Islam is Islam. It’s written in black on white. No, no there is no possible interpretation, that is not possible. Don’t talk to me about moderate Islam and all that, eh! No, Islam is Islam. There is no moderate Islam (laughs)’.
3.4. Progressive Muslims Radical Reformist Movement
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Informed Consent Statement
Data Availability Statement
Conflicts of Interest
Edited by Danaé Grimbert, assistant publisher of CALEM Publishing, Marseille.
Mediapart, Available online: https://blogs.mediapart.fr/sycophante/blog/291217/la-croissance-de-la-population-musulmane-en-europe-dici-2050 (accessed on 15 March 2021).
Literally, ‘the irrepressible fear of the Other’.
Non-religious or political institutions.
One fascia, a unique identity considered to be ‘normal’.
In Arabic, shari’ in a path, it refers to an individual journey, not to a dogmatic jail; on the other hand fiqh, indeed, which literally means understanding, is referring to the ‘Islamic law’, to that jurisprudence established over centuries, and most of the time made or rebuilt lately by patriarchal scholars with oriented political agendas.
Adaptation of the Christian dogma to the contemporary reality, mainly through the Protestant historical movement which started early XVIth century.
Born on the 8th of June 1928 in Lima (Peru), he was a priest, philosopher and theologian. Considered to be the father of liberation theology, he became a Dominican monk in 1998.
Writer, independent researcher and former diplomat (Consul-Deputy at the Consulate in Strasbourg: 1983–1984, Consul at the Consulate General in Paris: 1984–1992, Social Counselor at the Embassy in Paris: 1992–1996). He was removed from the diplomatic framework in 1996 by the administration of the old regime.
Contribution of Abdennur Prado (President of the Spanish Conference on Islamic Feminism, Barcelona, former president of the Junta Islamica) in Ali et al. (2012). A jihad for justice: honoring the work and life of Amina Wadud (dir.); 48hrsbooks.com, United States. Available online: https://www.bu.edu/religion/files/2010/03/A-Jihad-for-Justice-for-Amina-Wadud-2012-1.pdf (accessed on 15 March 2021).
‘I’laam al-Mouwaqi’in ‘an Rabb il-’Alamin’. Almadina.
Wahiyya Al Zahili. Al fiqh al islami oua adilatuh (Islamic jurisprudence and its evidences). Dar al fikr, Damascus.
For instance, Qur’an: 1.217; 5.54; 47.25; 16.106; 3.86-87; 4.115 & 137, etc.
Could be translated, roughly, into excommunication.
Signed in 628, between the Prophet and non Muslim tribe leaders.
Political consensus towards community well-being.
Mezziane (2008, vol. 55, pp. 276–306). See also Amir-Moezzi (2007): according to M. Benkheira, it is clear that a very important debate on ‘sodomy’, between spouses, took place during the 8th century; ‘sodomy’ shall be understood, only since then, as anal intercourse generally speaking and not only abusive ritual or military rape practices. M. Mezziane specifies, in the same way, that the argumentation on the reasons for the prohibition of homosexual sodomy—no longer as an act of apostasy (irtidat as for the people of Lot) or of insubordination to the prescriptions of God (fisq), but as an ‘unnatural act’—was worked out for the needs of the cause quite late, long after the death of the Prophet of Muslims. That confusion between same sex intercourses, anal sex, and ritual or military rape practices, has been reinforced over the centuries through, first, the misunderstanding by non-Arab-Muslim scholars of terms such as dubur(giving your back, your anus, but also turning your back on something), and second, by mixing different prophetic traditions rejecting different condemnable practices, not all related to sexual acts, into one unique ‘abomination’: homosexuality.
P. 765. Dar hiyad al turab al ‘arabi, Beirut.
According to the Death Penalty Information Center, since 1976, more than 75 nations have abolished the death penalty for all crimes, while others have abolished it for ordinary crimes. Available online: https://deathpenaltyinfo.org/policy-issues/international/countries-that-have-abolished-the-death-penalty-since-1976 (accessed on 15 March 2021).
Those non-structured, open interviews had been conducted between 2013 and 2016, during my various work in Maghreb, mainly in Morocco and Tunisia; Algeria is sadly missing from this picture, since I could not go back there (‘promoting homosexuality’, as they describe my work there, is punishable by ten years of prison).
See the Nassawiyat 2020 collective grassroot report. Available online: https://nassawiyat.org/en/2021/02/22/loubya-in-time-of-corona-report-2020/ (accessed on 15 March 2021).
This hadd is not in the Moroccan civil code and was, they say, never applied. Plus, it is in direct contradiction with Article 220 stating that: ‘Anyone who, through violence or threat, restrains or prevents one or several persons from worshiping or attending worship, is punishable by imprisonment for six months to three years and by a fine of 200 to 500 dirham [about $C28 to $C70]’.
Lesbians, gays, bisexuals, transgender individuals.
In 2016 by Zahed, L. in Casablanca, during our work for the publication of Zahed, Ludovic-Mohamed. 2017a. Islams en devenirs. Marseille: CALEM.
Laws criminalizing apostasy or homosexuality, and others so-called ’deviances’, are not always applied strictly, according to the political dynamic in this or that Maghrebee society at a given moment.
The personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was codified after the country gained independence from France in 1956. Its most recent revision, passed by the Moroccan parliament in 2004, has been praised by human rights activists for its measures to address women’s rights and gender equality within an Islamic legal framework.
The property of a system whose evolution does not follow the same path depending on whether an external cause increases or decreases. A consequence of that effect is that inputs if violence within a given society make it, over the long term, part of that society’s culture.
Men having sex with men.
Article 19 of the Moroccan constitution. Available online: https://ma.boell.org/fr/2014/07/15/article-19-de-la-constitution-marocaine (accessed on 15 March 2021).
Nowadays the correct word would be ‘transgender’.
An international NGO founded in 2007, first in Germany, now with chapters in several European and Arab or Muslim majority countries. Available online: http://exmuslime.com/ (accessed on 15 March 2021). Our organization, CALEM, was part of an online public dialogue between progressive Muslims and ex Muslims in summer 2020.
Founders of the first European inclusive mosque in Paris (2012). Available online: https://www.lemonde.fr/societe/article/2012/11/30/une-mosquee-ouverte-aux-homosexuels-pres-de-paris_1798351_3224.html (accessed on 14 August 2021).
https://www.mpvusa.org/alliance-of-inclusive-muslims (accessed on 15 March 2021).
See for example Qur’an: 2.87, ‘We assuredly granted Moses the Book, and after him sent succeeding Messengers (in the footsteps of Moses to judge according to the Book, and thus We have never left them without guides and the light of guidance). And (in the same succession) We granted Jesus son of Mary the clear proofs of the truth (and of his Messengership), and confirmed him with the Spirit of Holiness. Is it (ever so) that whenever a Messenger comes to you with what (as a message and commandments) does not suit your selves, you grow arrogant, denying some of them (the Messengers) and killing others?’
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Zahed, L.-M. Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations. Religions 2021, 12, 942. https://doi.org/10.3390/rel12110942
Zahed L-M. Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations. Religions. 2021; 12(11):942. https://doi.org/10.3390/rel12110942Chicago/Turabian Style
Zahed, Ludovic-Mohamed. 2021. "Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations" Religions 12, no. 11: 942. https://doi.org/10.3390/rel12110942