Challenges to the LGBTQ Community within the Framework of Islamic Law and Human Rights

LGBTQ rights have increasingly gained importance in an era of globalization and cultural diversity. Human rights are founded on certain principles such as the inherent dignity of humans and the equality of all people. The Universal Declaration of Human Rights and relevant international treaties prohibit all forms of discrimination, e.g., those based on sexual orientation, and emphasize equal rights for everyone. Therefore, the LGBTQ community should have equal rights like everyone else from the perspective of human rights. However, LGBTQ relationships are considered against human nature by Islamic law, which is founded on the ethical precepts and standards of Islam. Accordingly, Islamic law not only opposes such relationships but also rejects the possibility of granting the LGBTQ community equal rights. The discrepancy in the approaches and attitudes of these two legal schools has resulted in major national and international challenges and conflicts over LGBTQ rights. Therefore, this descriptive-analytical study aimed to address the challenges and conflicts between these two legal schools regarding LGBTQ rights. According to the findings, there are significant philosophical and conceptual gaps between Islamic law and human rights, which have led to serious obstacles in this area. Human rights are predicated on equality, whereas Islamic law is based on ethical and religious principles. As a result, Islamic law takes a more pragmatic and realistic view of LGBTQ rights.