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Malaysian Muslim Gay and Lesbian Community’s Perspective On The Concept Of

Domestic Partnership and Marriage In The uran

!y "

Mohd I#$an bin Md %usof

&

' Muhd (a)ib bin *bdul +adir

,

' Ma#lan bin Ibrahim

-

.Teng/u Intan 0arina bt Teng/u Pu)i 1

Muslim community in the West has been discoursing about the status of homosexuality in Islam

by employing a more intellectual approach for quite some time. Muslim supporters of LGBT for

example has been referring to various uranic verses to !ustify their status "ithin the

conservative Muslim society at large. In light of this# the study intends to see$ the perspective

from Muslim LGBT community in Malaysia on the concept of domestic partnership and

marriage as stipulated in the uran. %& respondents from the 'lang (alley have been

intervie"ed during the course of this study comprising of ) gay men and ) lesbian "omen based

on sno"ball sampling method. The intervie" is based on data saturation approach that is therespondents are intervie"ed to the point that there is no more ne" ideas transpire. *ach

respondent "as required to complete a semi+structured intervie" once "ithin an hour# due to the

difficulty for them to agree to be intervie"ed more than once. The intervie"s "ere recorded#

transcripted and revie"ed for further investigation based on thematic analysis. Main findings

include that all respondents agree that love can be obtained from same+sex partners very much

similar to the concept of love bet"een heterosexual partners as advocated by the uran. ,part

from that# the ma!ority of respondents refutes the concept of same+sex marriage as it is

uranically impermissible even though they themselves are having same+sex partners. In sum#

the Muslim LGBT community in Malaysia seems reluctant and inconvenient to !ustify

homosexuality using uranic verses and in contrast# they affirm the need for conservative Muslims to guide them to"ards betterment instead of disparaging and punishing them.

Key words: Domestic partnership, love, marriage, homosexual, Muslim LGBT, Quran,

Malaysia

1 PhD Candidate, Department of Al-Quran and As-Sunnah, Faculty of Islamic Studies, National Uniersity of!alaysia "U#!$% &mel' (aya)umi*+yahoo%com Associate Professor, Department of Al-Quran and As-Sunnah, Faculty of Islamic Studies, National Uniersity of!alaysia "U#!$% &mel' a)unasehu.m%my/ Associate Professor, Department of 0heoloy and Philosophy, Faculty of Islamic Studies, National Uniersity of

!alaysia "U#!$% &mel' ma2i)u.m%my+ Senior 3ecturer% Department of Al-Quran and As-Sunnah, Faculty of Islamic Studies, National Uniersity of

!alaysia "U#!$% &mel' ten.uintan45yahoo%com

1

mailto:[email protected]:[email protected]


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I(T2OD3CTIO(

!uslim 3670 supporters in the 8est are seen to )e usin intellectual approaches in

(ustifyin their position amonst the conseratie !uslims% Christian and !uslim 3670s in the

8est for instance, are utili2in certain eneric erses 9ithin their accepted reliious te:ts "7i)le

and Al-Qur;an$ to strenthen their )elief in this matter'


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those homose:ual acts that is a)horred and thus condemned )y 6od5% 0his point of ie9 is

further supported )y !ali., Nahas4, Ar.oun1*, 8adud11 and Shahrur1%

Ali1/ and Shannahan1+ concurred that there is no clear eidence of prohi)ition in the case

of homose:ual conduct amonst 9omen% Ali arued that an element of consensuality is re=uired

in any ethical and leally-accepta)le se:ual enaement althouh this is not mandated )y theQur;an% Ali is )asin the arument on the fact that in the story of Prophet 3ot, her dauhter is

silent and seems to indicate her disapproal 9hen as.ed )y her father to marry men%

?n the other hand, Shannahan e:plained that the classical and mainstream contemporary

discussions on Quranic erses related to the diine punishment to9ards Prophet 3ot;s people are

consistently aainst homose:uality% Eo9eer, the latest efforts )y #ule in sheddin ne9 liht

on the matter hae eliminated this monopoly of interpretation on the real messae of these

contentious erses in reards to homose:uality durin the time of Prophet 3ot% Ee also =uoted

&sac.;s ie9 9hich states that amonst the sins of Prophet 3ot;s people 9ere rape, iolation of

rihts and honour of uests as 9ell as ro))ery% #ule stated that these erses are iin ne9ie9s on the story of Prophet 3ot 9hich is free of anti-homose:ual )iases as prealent in the

classical and mainstream contemporary interpretations% Ee 9ent een further )y sayin that these

7 Amreen @amal, **1% 0he Story of 3ot and the Qur;ans Perception of the !orality of Same-se: Se:uality% U# '

-ournal of /omosexuality +1 "1$, p%1-8!ali., **+% ueer exuality and Identity in the uran and /adith. U3'

http'GG999%9ell%comGuserGa=uariusGQurannotes%htm% Ee e:plained that the classical interpretation on the prohi)ition ofhomose:uality should )e re-ealuated and ien ne9 interpretation in liht of current pu)lic openness on the matter%9 ?%Nahas, **+% Islamic tudies on /omosexuality. U3 ' http'GG999%yoesuf%nlGenelsGislamicHstudies%html Ee

stressed that the sin of homose:uality is not as rae as the sin of adultery and the principal reason 9hy Prophet 3ot;s

people 9ere punished )y 6od 9as due to their se:ual aression and not simply due to their homose:uality%10

Ee.ma% **% Imams and Eomose:uality ' A Post 6ay De)ate in the Netherlands% U# ' -ournal of exualities <

"$, p% /5-+% She =uoted an opinion of a Professor in Islamic Studes !ohammed Ar.oun 9ho opines that

homose:uality should not )e rearded as a sinful act if it is done in priate% Ee utili2ed the same method as applied )y

fe9 priests in re-analy2in the story of Prophet 3ot and concluded that the 9rath of 6od in the case 9as mainlycentred on Prophet 3ot;s people;s iolation of the rihts of uests and not homose:uality per se% 0his, he further

ela)orates is a reflection of the element of erosion of faith in Allah in liht of seculari2ation of the !uslim society and

moderni2ation of the Ara) culture%11

Amina 8adud, **>% Inside the Gender -ihad 0 Women1s 2eform in Islam. ?:ford ' ?ne9orld Pu)lications$% She

stated that it is the responsi)ility of the current !uslim scholars to challene those scholars 9ho support the sacred

position of heterose:uality%12

! Sharur, **4% The uran Morality and 3ritical 2eason 0 The *ssential Muhammad hahrur. 0ranslation and ed%

7y A% Christmann% 3eiden'7rill, p% *+% Ee stated that the Qur;an does not e:plicitly prohi)it homose:ual acts done inpriate% Ee further added that it is not 9ron to hae homose:ual tendencies as lon as they escape the pu)lic domain%13

Ali% #%%, *1*% exual *thics and Islam 4 5eminist 2eflections on uran# /adith# and -urisprudence. ?:ford '

?ne9orld Pu)lications14

Derla Sara Shannahan,% *1*% Some =ueer =uestions from a !uslim faith perspectie% Saepu) U# ' -ournal of

ociology /4 "1$, p% +5->


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anti-homose:ual interpretations are in fact distortions of the real messae of the Qur;an% For

#ule, the Qur;an should not )e read 9ithout .no9in the proper conte:ts and thus heterose:ual

)iases and anti-homose:ual tendencies offered )y the classical and mainstream contemporary

interpretations of the Qur;an are ery much de)ata)le and su)(ect to further intellectual scrutiny1<

&l-ouayhe) further adds that se:ual enaement is seen to )e more important than theender of the of the people inoled% Ee stresses that illeal se:ual enaement )et9een a man

and a 9oman is of reater sin that .isses and sho9 of concern amonst homose:ual men and

se:ual conduct )et9een homose:ual 9omen since all of these do not inole any ainal or

rectal penetration 9hich are considered as rae sins amonst the Sunni scholars1>%

7eside that, !uhsin Eendric.s in e:plainin the meanin of erse 1, Chapter Ar-umof the Quran,

6,nd of /is signs is that /e created for you from yourselves mates that you may find tranquillityin them4 and /e placed bet"een you affection and mercy. Indeed in that are signs for a people"ho give thought7

stresses that this particular erse is not referrin to any specific ender 9hen the erse tal.sa)out loe and tran=uility since for him tran=uility can also come from non-heterose:ualrelationships15%

Eussein &l-!enya9i on the other hand arued that )ased on erse /, Chapter An-Nur,

6,nd marry the unmarried among you and the righteous among your male slaves and femaleslaves. If they should be poor# ,llah "ill enrich them from /is bounty# and ,llah is all+

*ncompassing and 'no"ing7

ho9 can !uslim 3670s satisfy this instruction of Allah if they are not attracted to the oppositese:es% 0hus, he contends that !uslim 3670s to )e allo9ed to marry amonst the same se:es inorder to fulfill this reliious o)liation1% Ee reiterates that althouh the ma(ority of Islamicscholars has prohi)ited such practices, 9ith the presence of minority opinions from !uhsinEendric.s14 and #ule, there is room for homose:ual partners to )e leally married%

15 #ule, SSA, **/ exuality# diversity and ethics in the agenda of progressive Muslims. In Safi ? "ed%$ Proressie

!uslims ' ?n @ustice, 6ender, and Pluralism% ?:ford' ?ne9orld Pu)lications, p% 14*-/+% Eis full name is Scott Sira(

al-Ea== #ule% Amon his main )oo.s 9hich is 9idely referred to )y the !uslim 3670 community is /omosexuality in Islam 0 3ritical 2eflection on Gay# Lesbian and Transgender Muslims ter)itan ?:ford ' ?ne9orldPu)lications pada tahun *1*%16

&l-ouayhe)% **


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Accordin to all of this perspectie amon !uslim 3670 in 8est, it has attracted us toloo. more specifically !alaysian !uslim ay and les)ian community perspecties on the ersesof the QurLan, a)out the concept of domestic partnership and marriae, 9hether they aree 9iththe ie9s at the top, or they hae their o9n perspectie% 0hus, this paper see.s to ain theirperspectie )ased on the interie9 and selection of the sample descri)ed in the methodoloy%

M4T5ODOLOG%

For this study, respondents 9ere chosen usin sno9)all method 9hich is also calledchain referral methods* as employed )y o.iah1 since 3670 community in !alaysia does notnormally reeal itself in pu)lic% 0hey can only sometimes )e identified ia certain semi-pu)licmediums such as face)oo., Boutu)e, )los as 9ell as N6?s 9hich alins themseles to the3670 cause%

0his study inoles > !uslim-!alay ay men and > !uslim-!ay les)ian 9omen 9ho lie

9ithin the #lan Kalley area includin the ma(or cities around #uala 3umpur such as Shah

Alam, #a(an, Ampan, #lan, Cheras and 7andar )aru 7ani% 0hey 9ere )orn and raised in

!alaysia and ma(ority of them are first-deree holders from arious local !alaysian uniersities%

0hey ae )et9een 1 to +> year-old 9ith a minimum ae of //%< year-old% 0he minimum ae

amonst the ay men is /%< and the minimum ae amonst the les)ian 9omen is /


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0hematic analysis method as demonstrated )y 7oyat2is 9as used to analy2e the data

athered from these interie9s% 7ased on the semi-structured =uestionnaires, important themes

9ere constructed% 0his is to ensure the researcher understands and can ma.e full use of the data

as recommended )y Patton/%

2463LT6 *(D DI6C366IO(

!ost !uslim ays and les)ians choose not to reeal themseles and their se:ual

orientation% 0his concurs 9ell 9ith initial study done )y Ismail 9hich reealed that the

!alaysian homose:ual community in !alaysia is reluctant to pu)licly identify themseles as

such due to unfaour)ale conditions and enironment 9ithin !alaysian social conte:t for themto do so%+

7esides that, results from Mainon and #amila hae confirmed that Islamic teachins and

understandin reatly influence the mindset and correspondin actions )y this community% 0his

is attri)uted to their inner strule to continue practicin homose:uality in the midst of an openly

anti-homose:ual !alay-!uslim society in !alaysia 9hich is primarily rooted in the clear

prohi)ition of such acts in Islam/% 7(orn #rondorfer%op%cit, p%

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6 5or gays# "hen "e are in a partnership# "e consider ourselves as husband and "ife

and try our best to be loyal# love and understand each other. Both same+sex partners can gain

happiness and tranquility as long as they understand each other7.

7esides that, Sham, a ay !uslim e:plains'

6 When the relationship is based on love# it "ill generate a sense of responsibility and

affection. When "e love our partners# "e "ill sho" our concern on their "ell+being. o# it is

natural and thus# it is possible to obtain happiness and fulfiment in a same+sex relationship 7.

7ased on 9hat that has )een e:plained )y the ay !uslim respondents in !alaysia, it

confirms 9hat Bip has o)sered that personal e:perience is reatly emphasi2ed )y the

community in (ustifyin their homose:ual acts in !alaysia5

At the same time, in the conte:t of the les)ian !uslim community in !alaysia, they

seem to aree 9ith !uhsin Eendric.s on the concept of domestic partnership as mentioned in

the Qur;an% For !aria, a les)ian !uslim, she said'

6 ame+sex couples understand their spouses better particularly in terms of needs and

their "ay of thin$ing in comparison to their heterosexual counterparts. Lesbians tend to base

their love on commitment and responsibility and merely on sex as compared gay men. ex is only

seen an extension of their mutual trust of each other=.

!aria;s ie9 is further supported )y 7atrisya, a les)ian !uslim'

6 Lesbian couples "ho co+habit "ill develop deep sense of love and affection to"ards

each other. I $no" this is "rong but at certain levels# "e can1t deny such feeling although it is

"rong7

7ased on these, it is clear that the !uslim 3670 community in !alaysia stries to o)tain

loe and happiness as possi)ly ac=uired in a normal heterose:ual marriae% 0hey also )eliee

that same-se: partnership enerates )etter sesnse of understandin )et9een the partners%

Apart from thise, the !uslim 3670 community in !alaysia seems to re(ect the idea of

hain a same-se: marriae as propped )y Eassan &l-!enya9i )ased on his interpretation of

erse /, Chapter An-Nur althouh they themseles are currently in a same-se: relationship%

0his is proen 9ith a ie9 shared )y Dan, a ay !uslim'

6 I don1t agree "ith same+sex marriage. What is "rong "ill be forever "rong. My same+

sex relationship is only a consensual one and not for marriage. In Malaysia and of course in the

ur1an# it is not accepted7

5 Andre9 #%0% Bip% **


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Dan;s statement is further supported )y 3i2a, a les)ian !uslim '

6 I don1t refute that ,llah has created us in pairs >i.e men and "omen?. ,nd marriage is

indeed a union bet"een a man and a "oman. But ho" can "e get children bet"een "omen and

"omen@ I desire to get married to a same+sex partner ho"ever# I have to concur that this is

unacceptable in the ur1an7

0he a)oe results confirm 9hat has )een stated )y Crotty4, that alues and ideoloies

held )y a person starts from )irth and further consolidates durin hisGher up)rinin and has

reat influence in the person;s 9ay of thin.in% 0hus, in the !alaysian conte:t, this ideoloy is

rooted in the constitution 9hich positions Islam as the official reliion of the Federation and thus

Islam;s inherent condemnation of homose:uality and same-se: marriae automatically )ecomes

part of the oerall anti-homose:ual tendency of the society at lare/*% In liht of this, the

researcher is of the opinion that the influence of Islam as professed )y the !alay !uslim 3670

community tremendously affects and influences their 9ay of thin.in particularly in reards to

the concept of same-se: marriaes%

In addition to this, some respondents hihliht that althouh they don;t feel it is riht for

them to )e married due to Islam;s prohi)ition of such marriaes and illeality of it in !alaysia, it

is actually the a)sence of attraction to the opposite se: that preents them from ettin married

in the normal heterose:ual conte:t despite )ein pressured )y their families% 0his is e:plained )y

@oe, a ay !uslim '

6 It is not that I don1t "ant to get married but I don1t li$e "omen. o# there1s no point of

getting married. I1m not sexually attracted to "omen## ho" am I going to en!oy the intimacy "ith

my "ife@ o I hope the society especially Muslim scholars# not !ust $eep blaming on us# butguide us to the right path.7

@oe;s ie9 reflects similar opinion from een, a les)ian !uslim'

6 If simply based on my "illingness# I can compel myself to marry a man but I1m afraid

that I might become astray and continue my lesbian tendency even "hile married !ust li$e a

friend of mine "ho continues "ith her lesbian relationship even though she1s already married.

Being compelled to get married does not mean that you can straight yourself. Therefore# Muslim

society in Malaysia should not punishing us all of the time for "hat "e have done# but advice us

in properly manner "ay. 7.

Clearly these results su)stantiate the study done )y 3i2a 9hich contends that there are

certain mem)ers of the 3670 community 9ho could not accommodate their o9n eo to accept

4 Crotty, !ichael @% 144% The foundation of social research meaning and perspective in the social process. Sydney'

Allen O Un9in/* !usa Busuf ?9oyemi and Ahmad Maharuddin Sani Ahmad Sa)ri% *1/% 3670 Nature or Ideoloy ' 0he Kie9 of

a Former 3670 Practitioner in !alaysia% 2esearch -ournal of Biological ciences "+$'1*+-111%

8


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the heterose:uals% For them, the heterose:ual society does not understand them the 9ay the

homose:uals do/1 %

CO(CL36IO(

In sum, this study uneils that the ay and les)ian !uslim community in !alaysia shares

the same idea as !uhsin Eendric.s in reards to the concept of partnership as descri)ed in the

Qur;an% For them, loe and happiness can )e o)tained een 9ith same-se: partners as mentioned

)y Allah in erse 1, Chapter Ar-um%

Eo9eer, due to oer9helmin societal re(ection and a)horrence to9ards homose:uality

in !alaysia particularly amonst the !uslim-!alays society, this has influenced the 3670

community not to )e receptie of the idea of a same-se: marriae% 0his can )e seen from their

re(ection of same-se: marriae concept as proposed )y Eassan &l-!enya9i )ased on erse /,

Chapter al-Nur, and thus they concur that there is no room form a same-se: marriae in Islam%

For them, marriae is a union )et9een a man and a 9oman only as confirmed in the Qur;an%

0his study also reeals that the !uslim 3670 community in !alaysia seems not to hae

the tendency to (ustify their homose:uality )y iin ne9 interpretations to the releant Qur;anic

erses commonly referred to )y !uslim 3670s in the 8est% 0his is proen )y their rather

unanimous concurrence to the fact that Islam prohi)its same-se: marriaes and homose:uality%

!oreoer, the hihly influential !uslim ma(ority in !alaysia 9hich larely disarees 9ith

homose:uality has pushed the !alaysian 3670 community to )e more cautious in oicin their

ie9s in reards to the matter and aoids (ustifyin their acts )ased on the Qur;an% It also

confirmed, they affirm the need for conseratie !uslims to uide them to9ards )etterment

instead of disparain and punishin them%

/1 3isa%#%8% 1444% Se:ual Coercion in 3es)ian and 6ay elationship ' A eie9 and Criti=ue% -ournal of ,gression

and (iolent Behaviour, +"$, 1/4-1+4%

9


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247424(C46

Ali% #%%, *1*% exual *thics and Islam 4 5eminist 2eflections on uran# /adith# and-urisprudence. ?:ford ' ?ne9orld Pu)lications

Amina 8adud, **>% Inside the Gender -ihad 0 Women1s 2eform in Islam. ?:ford ' ?ne9orld

Pu)lications$%

Amreen @amal, **1% 0he Story of 3ot and the Qur;ans Perception of the !orality of Same-se:Se:uality% U# ' -ournal of /omosexuality +1 "1$, p%1-

Andre9 #%0% Bip% **/%

10


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#ule, SSA, **/ exuality# diversity and ethics in the agenda of progressive Muslims. In Safi ?"ed%$ Proressie !uslims ' ?n @ustice, 6ender, and Pluralism% ?:ford' ?ne9orld Pu)lications,p% 14*-/+%

#ule, SSA, *1*% /omosexuality in Islam 0 3ritical 2eflection on Gay# Lesbian andTransgender Muslims ter)itan ?:ford ' ?ne9orld Pu)lications

3isa%#%8% 1444% Se:ual Coercion in 3es)ian and 6ay elationship ' A eie9 and Criti=ue%-ournal of ,gression and (iolent Behaviour, +"$, 1/4-1+4%

! Sharur, **4% The uran Morality and 3ritical 2eason 0 The *ssential Muhammad hahrur.0ranslation and ed% 7y A% Christmann% 3eiden'7rill, p% *+%

!%Q% Patton% **% ualitative research and evaluation methods "/rd ed%$% 0housand ?a.s ' SaePu)lication

!ali., **+% ueer exuality and Identity in the uran and /adith. U3'http'GG999%9ell%comGuserGa=uariusGQurannotes%htm %

!uhsin Eendric.s% **% , Way 5or"ard Through I!tihad 0 , Muslim


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