HOMOSEXUALITY BETWEEN THE SHARIA PROVISIONS AND THE LAW OF QATAR

Abstract

Homosexuality is one of the widely circulated issues globally. It is an issue on which there are divergent opinions regarding its novelty and legal rules. This paper seeks to discuss the concept of homosexuality and explain its legal rules in the Islamic jurisprudence and the Qatari law. The problem of the study is about the issue of homosexuality which has spread in the contemporary time due to a number of factors such as the modern media, literary contents and the orientation of international organizations and some western countries towards the legalization and protection of homosexuality. Thus, it becomes necessary to study this novel issue and its implications in view of explaining its legal rules in the Islamic jurisprudence and the Qatari law. This paper is significant because it explains the legal rules of homosexuality and its novelty in the jurisprudence and law. Also, it explicates its implications in view of its significance in the contemporary time. The inductive method was used to explore issues relating to the study from various sources, followed by the analytical method to examine different issues relating to the research and then the comparative method to compare the content of the study between the Islamic jurisprudence and the Qatari law. The study has reached the following findings: (1) The prohibition of homosexuality is well established; the discussion is only about the consequences and exigencies of the perpetrator. (2) The mental illness as a factor responsible for homosexuality in some instances has been confirmed by the modern medicine. So, it is better to treat it rather than denying it. (3) The social media play an effective role in the spread of homosexuality, si it is necesarry to monitore it. (4) The global pressure on Islamic countries to legalize homosexuality poses a great danger to their security and stability. (5) The Qatari law articles regarding the criminalization of homosexuality and punishments prescribed against it are in line with the legal rules of the Islamic law.