Homosexuality in Terms of Islamic Legal Thought

In order to make an assessment of homosexuality in Islamic law, it is important to correctly analyze the current understanding of homosexuality and the concepts related to homosexuality, as well as the intellectual background in which these concepts emerged. Based on this perspective, our work evaluates the view of homosexuality in Islamic law and the provisions related to homosexuality. Contrary to the studies that have survived to the present day, unlike the approaches that limit homosexuality to sexual intercourse between people of the same sex, the biological, psychological, behavioral and social dimensions of homosexuality have also been addressed. In this direction, it has been attempted to reach legal determinations regarding homosexuality. When the aspect of homosexuality related to the individual and society is correctly understood, it will be possible to understand the approach of Islamic law to homosexuality and the provisions related to homosexuality. In this context, it has been evaluated that homosexual tendencies and behaviors are not normal for humans through the subject of nature, and the effects of environmental and external factors, especially the family, on the emergence of homosexuality have been evaluated. It has been determined that homosexuality has aspects related to the individual as well as a social dimension and is a behavior that has the potential to spread with social influence. The social aspect of the issue necessitates addressing the issue from a legal perspective. In this sense, it has been evaluated that the spread of homosexuality in society in Islamic law has negative repercussions on society in terms of affecting the individual, family and generation, and as a result, restrictive and penal provisions have been put forward to prevent homosexual acts. The fact that the issue has aspects that harm society, family and therefore the individual has made it necessary to evaluate the issue in the context of criminal law.