Jamal wrote:It's my impression that marriage in Muslim areas as a state institution is not as rigorous as it is in America. If your church or your mosque wants to marry you, it's not so much an issue unless the state has actual laws banning homosexuality. Of course there is the issue of legal rights like inheritance and child custody where the state often gets involved. However, these things seem endemically bureaucratic to Western civilization. It may work much better for the state to not even recognize marriage and let individual churches, mosques, etc be the ones who decide.
Does the rule of Britain and France really hold?
The Arab counties I can think of off the top of my head are:
1. Egypt - Britain - no laws
2. Iraq - Britain - no laws
3. Lebanon - France - illegal
4. Jordan - Britain - now laws.
Wasn't homosexuality banned in Britain itself for a while?
If same sex marriages are claimed by Muslims, then challenges to inheritance rules will follow. I can imagine that this is where major difficulties will be encountered.
Sodomy was illegal in Britain until very recently and the laws may still be on the books. 18th and 19th century court records from the Old Bailey are available on line and you can find a number of cases described there in which men were executed following convictions on charges of public exposure or suspicion of procurement. Homosexuality did not seem to form a legal or conceptual category at the time.
Oddly, from these records, it appears that (heterosexual) rape was not only common but was also not taken particularly seriously by the courts. Most cases were acquitted. An accusation of homosexual rape, however, almost always ended in conviction regardless of the quality of the evidence or witnesses. Acquittal or conviction in both cases, however, did seem to depend a lot on personal reputation and social standing.
Salaam,
Omar