Document Type : Research Paper
Authors
1 Assistant Professor of Women's Research Institute of Alzaahra University
2 Assistant Professor, Department of Law, Faculty of Social Sciences and Economics, Alzahra University. Tehran. Iran
Abstract
Detailed abstract
Aims: today Prevalence of homosexuality as an unconventional sexual orientation the human world has faced a serious threat to the foundation of the family. This unnatural problem, has been breaking the taboo internationally in recent years. Despite the strict view and prohibitions of homosexuality in religions, especially within the context of Islam. In the field of international law we are witnessing that various international human rights bodies especially the European Court of Human Rights in their case law are against any discrimination against the civil institutions of homosexuals compared to the sacred institution of the family. While homosexuality threatens morality, health and the human race.
Methodology: In order to answer the questions, the present research based on a descriptive-analytical research, with a legal approach, he searched for the Islamic point of view about this serious deviation from many authentic Shiite books and sources. Then the case law and documents on the international human rights was considered. Due to The multiplicity of existing procedures in this regard in the cases of the European Court of Human Rights, emphasized the judgments of this international judicial body; and finally, the domestic laws of several countries were presented as an example to better explain the issue.
Findings: In several verses of the Holy Quran, committing homosexuality was introduced as prostitution and depravity that cuts off the pure human being race. Repeated repetition of this story in the Holy Quran shows the importance of the topics mentioned in these verses. Because such behaviors, in addition to not legitimizing, are also against the nature of the creation of the two sexes. According to the words of Shiite Imams, Some homosexual acts (Lovat) is more prohibited from illegitimate natural relationships (Adultery) and it is remembered as a disbelief. Committing to homosexuality in the practice of Lot's people became an epidemic tendency and to the testimony of the Holy Quran until then was unprecedented. Homosexuals tried to make others look like and if they fail to create such deviation in them, they punish them. Therefore, it should be emphasized that this inaccurate tendency when formed, it is crime that attacks forward and It is no restrictions for itself.
In addition, based on the hadiths quoted, one of the natural consequences of homosexuality is that A person's sexuality changed. So that loses the tendency to the opposite sex and this is quite evident in the practice of homosexuals in the past and today. When Lot calls his people to marriage whit women, they declared the reluctance of the opposite sex. This can be considered one of the penalties that naturally happen to the perpetrators of these acts and their instinctual desire becomes an abnormal desire. However, unfortunately, today we see that some international institutions have also approved and identified homosexuality. From the identification of civil partnerships based on homosexuality until breaking the taboo of these historical crimes and deleting the criminalization that existed in most societies towards these actions Both in custom and in law; Until establishing the sacred institution of marriage for this relationship that is illegitimate and against creation; Insisting on prohibiting discrimination and granting equal rights to the family in its usual, historical and correct sense, with the fake family recognized for two same-sex couples. In the fields related to inheritance and the laws related to having children and granting adoption, etc., it is an example of the limitless attack of the supporters of homosexuality on the foundation of the family. International human rights bodies insist on the Gender equality towards homosexuality. This is despite the fact that at the time of the approval of many of these documents and conventions that mention to gender equality, homosexuality was illegal in most of the negotiating countries and was even considered a crime in many of those countries. It can be safely claimed that at the time of approval of these documents, the will of the approvers was not to expand the inclusion of this term to homosexuality. Finally, what is worth considering is the great taboo breaking that is being systematically done by some international bodies and especially the European Court of Human Rights through encouraging or pushing for the Criminalization of hate crime against homosexuality. So that this criminalization has been done in the domestic laws of some countries with secularist foundations.
In the meantime, there are still many countries around the world and even in the European continent that define the family as a union consisting of one woman and one man and have not recognized homosexuality. Beyond that, at the global level, many countries have criminalized homosexuality in their domestic laws and have prescribed different punishments such as imprisonment, flogging and death penalty and they insistently stand against this anti-family perspective. Even many countries that have legalized the institution of marriage for homosexuals in their laws, have criminalized such acts in their historical practice.
Conclusion: The precession of homosexuality supporters in recent years is worrying. Such viewpoints, following the creation of new standards in the field of family, have been able to provide plural rights for homosexuals in different societies. When it is added to this concern that the procedure of some international bodies is also coordinated with these opinions and is seeking to put pressure on the countries to recognize this historical slip. As the viewpoints based on homosexuality, throughout history and from the very beginning in the case of Lot's people, they did not set a limit for themselves and they always tried to bring others along with them. From breaking the taboo to decriminalizing and then legalizing same-sex marriage and granting various rights, especially redefining "gender equality" to provide equality for homosexuals and granting the right to prohibit discrimination to them, to forcing countries to criminalize the crime of hatred towards homosexuality; all of them indicate this fact that non-confrontation whit this thinking will lead to the destruction of the traditional and legitimate concept of the family. According to this in the near future, we will see more pressure being exerted through international organizations defending human rights on countries where the family in its eternal and historical sense, is the fundamental institution of their society. This is despite the fact that the future conflict over the issue of the "family" for countries whose intellectual basis is based on Islamic doctrines, will not be tolerated in any way. Because in the Islamic religious Forming a family and marriage is a sacred institution that is performed only through a legal marriage between a man and a woman. Moreover the punishments intended for homosexuals are among the most severe punishments specified by the religious lawgiver for the cases of shameful deeds among the Islamic punishments. Therefore, Islam has not only left no way to accept this kind of tendencies, but has also considered the most severe punishments for it and says: "come not nigh to shameful deeds"
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