This is an archive article published on October 17, 2023

Same-sex marriage: Minority religious organisations have been opposed, as ‘unnatural’, ‘against personal laws’

Jamiat Ulama-I-Hind (Mahmood Madani faction) also filed an affidavit in the apex court in this regard

same sexMembers from LGBTQ community assembled to celebrate Pride Parade at Satyagrah Chavni, Gandhinagar on Sunday. Express photo by Nirmal Harindran, 25-09-2022, Ahmedabad  *** Local Caption *** Members from LGBTQ community assembled to celebrate Pride Parade at Satyagrah Chavni, Gandhinagar on Sunday. Express photo by Nirmal Harindran, 25-09-2022, Ahmedabad 
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Same-sex marriage: Minority religious organisations have been opposed, as ‘unnatural’, ‘against personal laws’
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As the Supreme Court prepares to announce its verdict on pleas seeking legalisation of same sex marriages, minority religious organisations in the country earlier opposed the same as being “against religion” and “unnatural”.

Earlier this year, the Jamiat Ulama-I-Hind (Mahmood Madani faction) had filed an affidavit in the apex court calling same sex marriages an attack on family systems and in contravention of personal laws in the country.

“The nature of prayers in the present petitions are in complete contravention of the established understanding of the concept of marriage in all personal laws – between a biological man and a biological woman – and thus intends to rake up the very core, that is, the structure of a family unit prevailing in the personal laws system,” the Jamiat had said in its application, adding that homosexual relations were prohibited under Islamic faith.

“In this case, we are on the same page as the Central government, which in its affidavit said that this (same sex marriages) are against Indian culture. This should not be done, and that is our position,” secretary, JUH, Niaz Ahmad Farooqui had told The Indian Express.

Farooqui pointed out that in their application, the Jamiat has contended that the concept of marriage itself holds a bouquet of rights including of inheritance, guardianship, maintenance and custody – which the legal recognition of same sex marriage will dilute.

The JUH’s position was reiterated by other Muslim religious organisations, including its rival, the Jamiat Ulama-I-Hind (Arshad Madani faction). “According to religion, this is not marriage. It is against the natural order of things – which is that marriage takes place between a man and a woman. While this is forbidden in Islam, the matter is not restricted to this one religion, but affects all religions, whether it is the Hindu, Sikh or Christian communities. In no religion is marriage between individuals of the same sex permitted. Whether it is Allah or Ishwar, God has laid down a certain path for us to follow and has told us through the ‘word’ how to walk this path. Anything other than that is contrary to religion and faith,’’ said president Arshad Madani.

In a statement issued in March this year, Jamaat-e-Islami Hind (JIH) vice-president Prof Salim Engineer said: “The JIH is opposed to same-sex marriages. We feel that the correct and universally accepted meaning of marriage refers to the marriage between a man and a woman. Any tampering therein would go against our civilizational values as well as disturb the many personal laws of the country.”

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The JIH has also opposed the decriminalisation of Section 377 of the IPC, allowing sex among consenting adults regardless of gender, and has contended that legalising same sex marriage is an infringement on minority rights.

“There is no Muslim organisation which is in favour of same sex marriages. The All India Muslim Personal Law Board’s contention has been that this is an unnatural phenomenon and against nature. There are two reasons for marriage – sexual fulfilment and procreation to ensure that the human race continues to exist. Procreation can definitely not take place through same sex marriages, nor can sexual satisfaction be achieved. In Islam, it is clearly prohibited,’’AIMPLB executive member Dr S Q R Ilyas had said.

Christian bodies have also been in opposition to the legalisation. General Secretary, the Evangelical Fellowship of India, Reverend Vijayesh Lal had earlier said that the body holds “the traditional view on marriage’’. “We hold that the traditional marriage between man and woman has sanctity. We subscribe to the biblical view on marriage,’’ he had said.

The spokesperson of the Catholic Bishop’s Conference of India, Father Robinson, had said: “As far as the Catholic church is concerned, we don’t approve of same sex marriages. The Church’s stand on this is very clear – such marriages cannot be blessed.”

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Robinson had added that they would take a call on the Supreme Court’s order when it came.

 

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