On the Legalization of Homosexual Marriage in the United States

RAINBOW TINTED LENSES AND BLACK N WHITE UNIVERSES

Maryam Sakeenah

An interesting clash ensued in the wake of the US Supreme Court’s ruling legalizing homosexual marriage. While the supporters of the cause celebrated having finally broken free from the bondage to regressive conservatism, there was on the other end of the spectrum, anger and bitterness over the mainstreaming of what is seen as a violation of God’s law and the ‘natural’ order of things.

Pakistan’s vibrant social media also reflected these divergent trends with a furious melee between those sporting rainbow coloured profiles and those invoking the wrath of God over the supporters of the new law.

The anger on both sides is quite misplaced and irrational. The clash between secular liberalism and conservative religion is inevitable and there to stay. The verdict coming from secular USA which prides itself in its liberal values is not surprising or outrageous. It is also understandable that those who subscribe to traditional religious faith would have a different opinion. It is all a matter of what one believes and how one looks at society and the wider world.

The problem, however, is with the attitude of moral superiority by the secular liberals. The twitter hashtag ‘#Lovewins’ for the sexual equality movement reeks of it, among other things. As if those who hold a different opinion do so out of hate; as if believing in traditional values and holding on to religious convictions is anti-love and against all that is humane and compassionate and egalitarian.

This presumption of moral superiority by the secular liberals at home and abroad is based on the idea that the conservative dissenters merely hold on with blind and ignorant stubbornness to outmoded and archaic religious convictions that pull humanity back from its path to progress laid out by the liberal reformist programme. This presumption is based on the widespread inability (even among Muslims) to understand the rationality of religious sexual ethics.

Parallels with the animal kingdom in which sporadic homosexual behaviour can be observed is often invoked to prove that homosexuality occurs in nature hence the religious idea that it is a violation of God’s order is incorrect. This comparison with the animal kingdom fails to understand the fundamental premise of religion: that human existence has a Divinely ordained purpose and goal, and that human civilization is to be ordered on values and principles to facilitate the individual and collective pursuit of the purpose of human life. A number of patterns exist in the animal kingdom which, if mainstreamed in human society on the pretext that they are ‘natural’ in the jungle, can lead to chaos and perhaps extermination of human civilization.

According to the religious understanding, man has been endowed with the sexual instinct for several purposes- the most obvious is of course procreation and the continuation of the human race. However, it is also the sexual instinct that forms the most basic of human relationships which is the foundation of the human family. The family unit is the fundamental building block of human society, the oldest and most universal pattern of the human community; it is a means to engender and socialize individuals, a support system and a natural means to provide a number of vital social functions. Daniel Haqiqatjou writes, “Before modernity, family organization was the primary communal structure upon which people relied. Everything went through the extended family, e.g., business and one’s livelihood, education, health care, dispute mediation, and much more. Today, all these areas of life fall under the purview of the nation state and its corporate extensions, so we lose this sense of the importance of family cohesion and, correspondingly, how dangerous and disruptive a violation of it really is and was for past societies.” 

The human family is sustained on the concept of masculine and feminine complementarity. This means that the individual characteristics, roles and responsibilities of the male and the female gel together the marital bond and become the basis for the family to flourish. As parents, both men and women have clearly defined roles and responsibilities and the children they give birth to, benefit from both in specific ways.

Homosexuality and adulterous heterosexuality do not fulfil any of these purposes why Allah has created the sexual impulse in human beings. This leaves only a single purpose behind such sexual behaviours: sexual expression, indulgence and adventurism. Islam does not recognize this as an unconditional human right to be freely carried out in society, because human beings are capable of functioning on a level higher than a mere pursuit of the carnal drives. Even heterosexuals cannot express their sexual instinct except in a relationship of marriage with all the responsibilities it entails. Islam envisions an ordered society in which moral behaviour is regulated for the well being of all. Homosexuality and all other sexual behaviour which does not fulfill the purpose why Allah has put the sexual instinct in us is therefore discouraged.

The problem with legalizing homosexual relationships is that such recognition and acceptance of this sexual practice facilitates and encourages it. The soaring rates of homosexuality in some societies are largely because social acceptance of this incites many to experiment with it and indulge in it.

If a human being is put in a trial by Allah through an abnormal sexual orientation or through absence of opportunity to establish a legitimate sexual relationship, they are required to be patient through finding strength in faith. Self restraint and self control of our animal drives is something Islam requires from all Muslims. Some people are tested harder with this, and homosexuals fall in that category. A believer who is faced with this must direct his focus to other aspects of human life and develop himself spiritually and otherwise to live a fulfilling, productive life. In order to make this easy for them, psychological counselling, rehabilitation and support should be provided in Islamic societies. However, those who refuse to restrain themselves and pursue their carnal instincts (hetero or homo sexual) go against the spirit and teachings of Islam. If such behaviour is indulged in openly and shamelessly without restraint, then it is punishable by Islamic law as well.

The ethics of sexuality in Islam prescribe limits even for heterosexual relationships within marriage. Not only do these conform to Islamic standards of hygiene, health, safety and physical well being, but also uphold human dignity and a minimal standard of modesty. As homosexuality is not the typical sexual behaviour for which the human body is designed, it often involves methods and means which fall short of Islamic sexual ethics and regulations. It is scientifically proven that homosexuality (just as promiscuity) is a primary cause of the spread of sexually transmitted diseases.

Homosexuality being a natural urge to someone is no justification in Islam for permitting it. Sadism can be natural to some people; so can serial killing or kleptomania, and these urges can only be recognized as a basic human right to the detriment of human society.

True freedom entails mutual respect of divergent views, which is quite ironically, absent in the sneering condescension with which secular liberals view the religious position on homosexuality. Believers in religion in this day and age are challenged with holding on to their convictions in a secular milieu which betrays its own ideals of liberty and tolerance of difference. The challenge is to refuse to be part of the melee, accept that the difference exists and is there to stay and yet being firmly poised in a profound conviction in the ‘hikmah’ of the Divine scheme of things. 

 

   

Lessons from Egypt

LESSONS FROM EGYPT

                                                                Maryam Sakeenah

Given a similar baggage from the past, the social spectrum in Egypt and Pakistan is built on ideological polarization as a result of political decisions- on both domestic and foreign policy- by leaderships unrepresentative of the public sentiment. These were unguided by understanding of social reality, creating a gaping split between religious and secular-liberal extremes over ideology, opinion, identity, worldview, lifestyle and affiliation: both strongly entrenched in passionate ideological commitments, feeding off one another and unwilling to budge.

Both nations suffered years of unscrupulous authoritarian rule directly or indirectly supported by the United States and allied Western nations. In Egypt, the resentment this created boiled over in the Arab Spring last year. Heartening and exciting, yet it also was in many ways a detonation of pent-up feeling with little organized political planning behind it. That should not however, take away the deep admiration the resilient protesters at Tahrir Square inspire. However, a huge question stared in the face: where to, and what now?

It still haunts the mind. While the Muslim Brotherhood has won an historic electoral win, for many the options were limited between a pro-Mubarak military man and the Brotherhood’s candidate. The vote was more against the continuation of a dictatorship many had given blood sweat and tears to defeat, than in favour of what the Brotherhood symbolized. Ruling over a populace so diversified in level of religious affiliation, Morsi faces huge challenges to bring to fruition the Brotherhood’s Islamist dream. The opposition against the attempt to increase presidential powers and the eventual success of the referendum approving the  draft-constitution by an Islamist-dominated council resonates with vital lessons Islamists in Pakistan have much to learn from. 

For starters, governing a society divided between the fiercely secular and the warmly religious is to have a hand in the hornet’s nest, unless one realizes that as human beings we all share in common the need for justice and basic freedom, for dignity and a decent life and two square meals a day. And if rulers set about delivering these, schisms and ideological affiliations do not stand in the way of achieving the common human good. The secular-liberals and the conservative Islamists are united by their basic human need for a dignified existence. In fact, for a government aspiring to rule by Islam, providing bread and rights is not about expediency, but a primary moral responsibility.

The Muslim Brotherhood with its well articulated prioritization of economic welfare, egalitarianism and social justice seems to have reached political maturation. In his first address after the referendum, Morsi said,"The coming days will witness, God willing, the launch of new projects ... and a package of incentives for investors to support the Egyptian market and the economy,"

Islamic political groups in Pakistan and abroad have made the mistake of putting the achievement of political ascendancy as their prime goal while ignoring the social project that must accompany it. Groups calling for a return to the Khilafah believe the establishment of Islamic government is the panacea, while religious parties often claim that the promulgation of the Shariah law shall crystallize a veritable Utopia. This runs contrary to the  precedent we have from the sunnah of the Prophet (SAW) whose epic spiritual and social mission preceded the establishment of the Shariah.

Both law and political policy are means to greater ends. Religious political groups make the mistake of seeing them as ends in themselves. The Shariah of Islam is the guarantor of the maqasid e Shariah, the guardian of Islamic values by which life is to be lived. Similarly political power is a means to establish an order that guarantees rights indiscriminately. Islamist groups in Pakistan have not so far proven themselves here. The talk of Shariah and the dream of Khilafah cannot be sold to a public writhing in the throes of poverty, ignorance, oppression, disease.  

Before launching a political struggle, Islamist parties need to embark upon the social project to mend a broken society, moderate between the dangerous ideological polarization and address social injustice. Such an effort can act as a secure launching pad for a political movement and a support base for a stable government. Without demonstrating this ability, political struggles of Islamic groups will be stillborn.

So far, an intellectually robust discourse mediating between the ideological polarization has not emerged from Islamic scholars in Pakistan. A comprehensive strategy to address the real problems has not been presented. 

As long as polarization between the religious and the secularized exists and grows, any religious group winning power will have to deal with stiff opposition leaving its hands tied.  That is the lesson from Egypt’s dilemma which the ruling Islamists seem to have dealt with skilfully. With a council including sizable diverse groups like Coptic Christians, leftist social activists and women, the draft constitution referring to the centrality of the Shariah managed to scrape through. The president has assured that the concerns have been taken seriously and that the constitution offers protection for minorities. The decision to put the draft to vote by a public referendum demonstrates the Brotherhood’s commitment to democratic process and its inclusive vision. Opposing groups quit protests in the wake of the Brotherhood’s conciliatory gestures, settling for a ‘wait and see’ approach.

Most ordinary people protesting in Egypt’s streets in 2011 and now have always been more interested in liberty, equality and rights than Shariah or the lack of it. Those calling for a return to the Shariah or actively opposing it will always be at the fringes, even if loud. The mass man wants things more tangible than legislation. As long as religious parties fail to take on social ills, they will remain unattractive to the man in the street.

Putting the cart before the horse by making Shariah law precede the provision of basic justice has proven disastrous. When the letter of the law is imposed without first actively promoting the value it exists to protect, this becomes brutal and spiritless. The experiment with the Hudood laws in Pakistan in the 80s allowed Islamic law (or the pretense of it) to fail by not creating the necessary conditions for it to work. Such disasters are likely to be committed by those seeking to win legitimacy by appealing to religious sentiment.

Islamic groups must also be conversant with modernity. Both freedom and democracy are part of the inevitable modernizing process in societies today. Egypt is livid over what is perceived as Morsi’s attempt to curtail both these hard-earned gifts. While the democracy package bred in Western society may certainly not be suitable for Muslim societies, the values of governance by popular will, decision-making involving public participation and accountability before the public and the law are values Islam vigorously promotes. Certainly, the intricacies of how these democratic values can best be ensured is something scholars and leaders have to work out given their social contexts. Other than that, the implementation of laws must be done in a manner that does not encroach upon personal liberty. While an Islamic society will facilitate and promote the values of Islam, it must not call for moral policing that trespasses the line between the public and the private. Individual morality in an Islamic system is promoted through education and gentle ‘dawah’ and no imposition is acceptable in the private lives of individuals as that is between a man and his God. Islamic groups in Pakistan are still unclear and uncomfortable with both these aspects of modernity and what these mean to them: freedom and democracy.

The Muslim Brotherhood seems to be learning the right lessons and growing in the right direction. Josh Rogin writing for Foreign Policy terms the Egyptian government an ‘honest broker in the Middle East.’ Morsi’s aide Essam Haddad makes it clear that the Muslim Brotherhood does not want to create a theologically based state in Egypt, but that it does want shariah to inform governance and law going forward. The Brotherhood's religious leader, Mohamed Badie, tweeted on the eve of the referendum approving the constitution by a 64% vote: “Let's start building our country's rebirth... men and women, Muslims and Christians."

Their Pakistani counterparts, while in awe of their victory, still have a long way to go- with a good deal to be unlearnt and a good deal to be learnt.