Islamic Sexual Perversions and Apostasy Representations: Eastern and Western Classical Law Modern Reformist Mutations
Open accessAbstract
The status of apostasy seems unclear in Islamic jurisprudence of the classical age; it is an act considered traditionally to be a legal vacuum, calling for no corporal punishment (mubah). When a sentence was applied in this case, it would seem that it was due to partisan political reasons, rather than on the basis of real spiritual proper needs. Yet today some conservative ulemas apply this status of excommunication, patterned on the modern Catholic model, to practices considered to be “abnormal,” such as homosexuality. What about the Islamic jurisprudence development, as it is conceived and applied today? What is the position of the so-called majority Islamic authorities in regard to apostasy or the perversion of some Muslim minorities? Moreover, what is the position of these ulemas vis-à-vis the so-called alternative progressive movement, which reject the majority Islamic dogma, in France, Morocco, Egypt and elsewhere in the so-called Arab-Muslim world?
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Traditionalists argue that while conversion to Islam is voluntary, leaving it constitutes a breach of a divine covenant and public defiance, warranting severe consequences, irrespective of overt political threat.
“Traditionalists often argue that while conversion to Islam is voluntary, leaving it constitutes a breach of a divine covenant and public defiance, warranting severe consequences, irrespective of overt political threat (Zahed, 2021).”
From APOSTASY PUNISHMENT IN ISLAMIC SCHOLARLY DISCOURSE: PERSPECTIVES AND IMPLICATIONS IN THE MALAYSIAN CONTEXT (2025) · cites this paper as Zahed, 2021
Section 2.4 reports that contemporary conservative authorities affirm freedom of belief yet prescribe earthly punishment for abandoning Islam, which supports the claim’s core contrast. It does not describe their rationale as a breach of a divine covenant or equate every departure with public defiance. The same section distinguishes those contemporary rulings from the paper’s account of early apostasy, which it links to rebellion and wartime betrayal; page numbers are unavailable in our copy. (LLM, conf=0.85)
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- Amir-Moezzi, Mohammad Ali. 2007. Homosexualité. In Dictionnaire du Coran. Paris: Robert Laffont, pp. 400-2.
- Andrews, Walter, and Mehmet Kalpakli. 2005. The Age of Beloveds: Love and The Beloved in Early-Modern Ottoman and European Culture and Society. Durham: Duke University Press.
- Dening, Sarah. 1996. The Mythology of Sex. Chapter 3. Macmillan General Reference. New York: Sexual Minorities Becoming, throughout Middle Ages, in Europe and Then in Middle East, the Scapegoat Responsible for all 'Abnormal' Human 'Perversions'.
- Hosain, Samuel. 2002. The Development of Apostasy and Punishment Law in Islam. Ph.D. thesis, Glasgow University, Glasgow, Scotland. Available online: http://theses.gla.ac.uk/991/1/2002lamartiphd.pdf (accessed on 15 March 2021).
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- Muños, Esteban. 1999. Disidentifications: Queers of Color and The Performance of Politics (Cultural Studies of the Americas)'. Minneapolis: University of Minnesota Press.
- Puar, Jasbir. 2007. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke University Press.
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Musa, R., Razali, K., Mohamad Fakhrulrozi, A. S., Ali, M. S., Zulkifli, M. F., & Mohammad Nasir, N. S. (2025) · Malaysian Journal of Syariah and Law · doi:10.33102/mjsl.vol13no3.755
- Authors
- Zahed, L.-M.
- Affiliations
- CALEM Institute, 13003 Marseille, France
- Corresponding author
- Zahed, Ludovic-Mohamed
- Venue
- Religions
- Publisher
- MDPI AG
- Published
- 2021-10-29
- Volume
- 12
- Issue
- 11
- Pages
- 942
- ISSN
- 2077-1444 (ISSN-L)
- OpenAlex
- W3210702840
- Cited by
- 0
- References
- 0
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- gold
- doi.org
- Licence
- Locations
- Religions (publishedVersion, cc-by)
- DOAJ (DOAJ: Directory of Open Access Journals) (submittedVersion, cc-by-sa)
- Topics
- Social Sciences › Education › Qur’anic Interpretation Studies
- Social Sciences › Political Science and International Relations › Islamic Studies and History
- Social Sciences › Law › Religious Freedom and Discrimination
- Keywords
- apostasy, Islamic jurisprudence, paraphilias, homosexuality, classical Islamic jurisprudence, ulema, excommunication, Muslim minorities, comparative law, France, Morocco, Egypt
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