Criminalization of homosexuality in the context of LGBT in Islam


Criminalization of homosexuality in the context of LGBT in Islam

⭐ Core Definition: Criminalization of homosexuality

Some or all sexual acts between men, and less frequently between women, have been classified as a criminal offense in various regions. Most of the time, such laws are unenforced with regard to consensual same-sex conduct, but they nevertheless contribute to police harassment, stigmatization, and violence against homosexual and bisexual people. Other effects include exacerbation of the HIV epidemic due to the criminalization of men who have sex with men, discouraging them from seeking preventative care or treatment for HIV infection.

The criminalization of homosexuality is often justified by the scientifically discredited idea that homosexuality can be acquired or by public revulsion towards homosexuality, in many cases founded on the condemnation of homosexuality by the Abrahamic religions (Judaism, Christianity, and Islam). Arguments against the criminalization of homosexuality began to be expressed during the Enlightenment. Initial objections included the practical difficulty of enforcement, excessive state intrusion into private life, and the belief that criminalization was not an effective way of reducing the incidence of homosexuality. Later objections included the argument that homosexuality should be considered a disease rather than a crime, that criminalization violates the human rights of homosexuals, and that homosexuality is not morally wrong.

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Criminalization of homosexuality in the context of Lesbian sexual practices

Sexual activities involving women who have sex with women (WSW), regardless of their sexual orientation or sexual identity, can include oral sex, manual sex, or tribadism. Sex toys may be used.

Romantic or sexual interpersonal relationships are often subject to sexual desire and arousal, which then leads to sexual activity for sexual release. A physical expression of intimacy between women depends on the context of the relationship along with social, cultural and other influences. In some countries, lesbian sexual practices are criminalized alongside gay sexual practices.

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Criminalization of homosexuality in the context of Death penalty for homosexuality

Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have Islamic-based criminal laws, except for Uganda.

Gay people also face extrajudicial killings by state and non-state actors in some regions of the world. Locations where this is known to occur include Iraq, Nigeria, Egypt, Turkmenistan, Uganda, and Chechnya.

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Criminalization of homosexuality in the context of Paragraph 175

Paragraph 175, known formally as §175 StGB and also referred to as Section 175 in English, was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made sexual acts between males a crime, and in early revisions the provision also criminalized bestiality as well as forms of prostitution and underage sexual abuse. Overall, around 140,000 men were convicted under the law. The law had always been controversial and inspired the first homosexual movement, which called for its repeal.

The statute drew legal influence from previous measures, including those undertaken by the Holy Roman Empire and Prussian states. It was amended several times. The Nazis broadened the law in 1935 as part of the most severe persecution of homosexual men in history. It was one of the few Nazi-era laws to be retained in their original form in West Germany, although East Germany reverted to the pre-Nazi version. In 1987, the law was ruled unconstitutional in East Germany, and it was repealed there in 1989. In West Germany, the law was revised in 1969, whereby the criminal liability of homosexual adults (then aged 21 and over) was abolished but remained applicable to sex with a man less than 21 years old, homosexual prostitution, and the exploitation of a relationship of dependency. The law was again revised in 1973 by lowering the age of consent to 18 years, and it was finally repealed in 1994.

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Criminalization of homosexuality in the context of Decriminalization of homosexuality

Decriminalization of homosexuality is the repeal of laws criminalizing same-sex acts between multiple men or multiple women. It has taken place in most of the world, except much of Africa and the Muslim world.

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