HOMOSEXUALITY UNDER ISLAMIC LAW AND SECULAR LAW

In the context of Uganda’s secular laws, homosexuality is viewed as an abomination. Uganda has
recently passed the Anti-Homosexuality Act of 2023 and this has significantly heightened this
stance, introducing severe penalties, including the possibility of the death penalty for what is defined
as “aggravated homosexuality.” The act defines homosexuality to mean the performance of a
sexual act by a person on another person of the same sex. The law further criminalizes the
promotion of homosexuality, raising concerns about potential impacts on both LGBTQ+ (Lesbian,
Gay, Bisexual, Transgender, Queer/Questioning, and others) individuals and those advocating for their
rights. These legal measures clearly violate fundamental human rights and are seen as discriminatory,
conflicting with Uganda’s own constitution and international human rights agreements raising a lot of
controversies.

The controversies surrounding Uganda's secular laws on homosexuality primarily revolve

around fundamental human rights, homophobia, and international relations. The legislation has
exacerbated issues of violence, discrimination, arbitrary arrests, and police abuse against the
LGBTQ+ community, infringing upon their basic human rights. Furthermore, Ugandan society
remains predominantly conservative and, in many instances, deeply homophobic, (displaying a strong
aversion to or prejudice against homosexuality). This has led to stigmatization and discrimination
against individuals based on their sexual orientation, highlighting deep-seated homophobia within
society. Internationally, the passage of the anti-homosexuality bill strained relations, with the World
Bank refusing to lend Uganda money, reflecting the global concern for human rights and LGBTQ+
equality. Despite these challenges, there are organizations and individuals in Uganda actively
advocating for LGBTQ+ rights, providing hope for a more inclusive and accepting society.

In Islamic law, homosexuality is traditionally considered a vice attributed to the people of Sodom.
Quran 7:80-84 recounts the story of the people of Lot (Prophet Lut) and their sinful behavior, which
led to their punishment by God. While the verses do not explicitly mention the nature of their actions,
they are often interpreted as referring to what is perceived as homosexual behavior. Quran 26:165-
166, “Will you approach males among the worlds, and leave what your Lord has created for you as
mates? But you are a people transgressing.” These verses are often associated with discussions about
their alleged homosexual behavior. While the Quran does not specify the exact acts, it is generally
interpreted as anal intercourse. Punishments for homosexual acts vary among Islamic schools of
thought, with some, including the Hanafi school, rejecting the analogy of punishments for
homosexuality with those for fornication or adultery and suggesting discretionary penalties.

The controversies surrounding homosexuality under Islamic law are multifaceted and often
revolve around the interpretation of religious texts, the severity of punishments, and contextual
factors. While the Quran doesn't explicitly mention homosexuality, interpretations of verses related to
the story of the people of Lot are often cited to imply divine disapproval. Disagreements on the
severity of punishments also play a significant role; some interpretations call for the death penalty for
homosexual acts, while others suggest discretionary penalties. These controversies reflect the
diversity of views within the Islamic legal framework and are influenced by cultural norms, changing
societal attitudes, and debates about reconciling traditional interpretations with modern human rights
principles. The debates underscore the complex interplay between religious beliefs, legal
interpretations, and contemporary human rights standards.

In conclusion, the controversies regarding homosexuality in both Islamic law and Uganda's secular
legal system stem from the deep-seated perception of same-sex relationships as morally objectionable.
These divergent perspectives have sparked ongoing debates about cultural, religious, and human
rights values. The challenge lies in reconciling these entrenched beliefs with evolving global
standards, particularly concerning LGBTQ+ rights in Uganda.