NEW DELHI: Jamiat Ulama-i-Hind on Sunday moved the Supreme Court protesting against petitions seeking legalization of same-sex marriage, terming it anti-Quran, and put its weight behind the Union government to remind the judiciary to not transgress into legislative domain by normalizing a western concept that hits at the basic structure of marriage, procreation and family.
The SC on March 13 had said the petitions seeking validation of same-sex marriage raise a “seminal issue” and used its powers under Article 145(3) of the Constitution to refer it to a five-judge bench to adjudicate the constitutionality of the claim by petitioners belonging to LGBTQIA+ community.
Jamiat, in its petition filed through advocate MR Shamshad, said, “Islam’s prohibition of homosexuality has been categorical from the dawn of the religion. From the primary religious text, the Holy Quran, to the embargos placed through the teachings of the Prophet Muhammad, the primary legislator, and to the interpretations available in thework on the Islamic teachings on gender relations and sexuality; the position of Islam with respect to the prohibition on homosexuality is undisputed and established.”
It said genderis one of the crucial factors in Islamic law relating to maintenance, inheritance, guardianship, custody, etc. “Theologically, the rulings with respect to the dress code, prayer to even mannerisms differ according to gender. These distinctions are crucial to Islam to such an extent that Prophet Muhammad had cursed men who purposely imitate women and women who purposely imitate men,” it added.
Terming same-sex marriage as a concept evolving from a century-old western sexual liberation movement, Jamiat said, “The context and the social structure in which the LGBTQIA+ movements brewed from LGBT to LGBTQ and further to LGBTQ+ and thereafter LGBTQIA+. The background has been expanding day by day and has been the atheistic paradigm and not the one that is based on theistic value system.”
Source: The Times of India
