I just need help with various questions I have in my head after brainstorming on this topic:
As far as I know, the reason why homosexual acts are forbidden is because these acts are not confined within a nikah and nikah is only between a man and a woman. ANY sexual acts whether homosexual and heterosexual that are outside a nikah is forbidden. But the thing is that people who are homosexual can't 'satisfy' their homosexual tendencies of the member of the same-sex as they can't get a nikah with the same sex.
The reason why homosexual acts are forbidden is because the sexual acts can never be in the realm of marriage. Thus the question may arise, why can't homosexuals have a same-sex marriage within Islam?
Knowing some brief Islamic law, all familial laws are modeled in a hetero-normative fashion. It would not make sense if there was a 'same-sex nikah' as there would be no laws to justify the marriage and no laws to support should any problems that would arise from such a "union". Islam supports a union between man and woman as it's the only family of unit that can help society succeed further. As the marrige contract (nikah) supports the rights of the woman and man and the children that will be brought forth. As homosexual unions are not "productive" in that it might not give further benefits to society if they were implemented. There are no children to be produced in a hypothetical "same-sex" union. It would just be two men or women. As well as if there was such a same-sex union in Islam, it might promote childless marriages and make people seek such marriages just for the benefits of it rather than the to support a strong heterosexual family structure.
In a hypothetical situation a man and another man can co-habit together as well as two women (ie. roommates/dorm mates). However a woman and a man can not in Islam due to possible indecency. That's why a nikah is so important as to allow contact of the opposite sex. People of the same sex can have platonic contact with each other as this is not problematic in Islam, however the opposite is true in Islam. Thus showing the necessity of a nikah within members of the opposite sex and not same sex ones.
In summary, same sex marriages would not work within the confines of Islam. As the Islamic legal system has no place of laws for supporting such unions. As all the laws are in a hetero-normative familial structure. A same-sex union has no legal support. Thus there is no such 'marriage contract' for people of the same-sex. Making any sexual acts outside a nikah is illegal and sinful which includes same-sex acts.
Now my questions:
- Is there anything else to add to this argument I have?
- Is there any other purposes a nikah would also serve?
- Is there any way for a homosexual person to relieve their urges without sinning?
Now I would like to note I am not homosexual, but I have friends that are. Thus this is why I took such time aside to think about this issue.
Jazak Allahu Khayran for all the help!
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