Homosexuality in Islam: Scott Kugle and the Hermeneutics of Justice

Rantideb Howlader13 min read

Homosexuality in Islam: The Theological Imperative of Inclusion

For centuries, the theological position of Islam regarding homosexuality has been viewed as a closed case. The "Ijma" (consensus) of the scholars was absolute: same-sex acts are "Haram" (forbidden), a transgression against nature (Fitrah), and a crime punishable by death or severe chastisement. To question this was to question the Quran itself.

However, the 21st century has witnessed a seismic shift. As queer Muslims refuse to choose between their faith and their identity, a new field of "Queer Islamic Theology" has emerged. At the forefront of this movement is Dr. Scott Siraj al-Haqq Kugle. His book, Homosexuality in Islam: Critical Reflection on Gay, Lesbian, and Transgender Muslims, is not just an advocacy pamphlet; it is a dense, scholarly engagement with the primary sources of the faith.

Kecia Ali deconstructs the patriarchal marriage; Scott Kugle deconstructs the heteronormative universe.

In this deep analysis, I will explore Kugle’s methodology, focusing on his radical re-reading of the Story of Lut, his deployment of the concept of Fitrah (innate nature), and his forensic dismantling of the Hadith literature used to justify violence against queer people. The question Kugle poses is not "Is homosexuality allowed?" but "Is a God of Justice capable of creating a desire that He then punishes?"

I. The Hermeneutics of Dignity

Kugle begins with a fundamental assertion: Theology has consequences. Interpretations of scripture are not abstract intellectual exercises; they are matters of life and death. When a jurist rules that "Liwat" (sodomy) is punishable by death, he is loading a gun. Therefore, the task of the theologian is to scrutinize the text with the highest possible ethical rigor.

Kugle argues for a "liberatory hermeneutic." This means reading the Quran not through the eyes of the powerful (the heteronormative majority), but through the eyes of the marginalized. He posits that the Quran is fundamentally a text about Justice (Adl) and the protection of the weak. If a traditional interpretation leads to oppression (the suicide of queer youth, state executions, isolation), it is in tension with the Quran’s core message.

This approach requires us to separate "The Text" (which is divine and immutable) from "The Interpretation" (which is human and fallible). The Quran says what it says, but what we think it says is filtered through our cultural lens. For 1400 years, that lens was intensely patriarchal and heteronormative. Kugle invites us to swap the lens.

II. The Story of Lut: Sexual Orientation vs. Sexual Violence

The elephant in the room of any discussion on Islam and homosexuality is the Story of Lut (Lot). It is cited ad nauseam as the definitive proof that God hates gays. The narrative, found in multiple Surahs (7, 11, 26, 27, 29), describes a people who "approach men with desire instead of women" and are subsequently destroyed by a rain of stones.

The traditional reading is simple: The people of Sodom practiced male homosexuality; God hates it; God killed them; therefore, homosexuality is a capital sin.

Kugle’s intervention here is surgical. He performs a "semantic granularity" analysis that changes everything.

The Context of the Prophets

Kugle argues that every Prophet is sent to correct a specific societal injustice.

  • Shu'aib was sent to correct economic fraud (cheating the scales).
  • Moses was sent to correct political tyranny (Pharaoh).
  • Muhammad was sent to correct idolatry and tribal arrogance.

What was Lut sent to correct? Kugle argues it was Highway Robbery and Inhospitality. The Quranic context (Surah 29:29) explicitly lists their crimes: "Do you approach men, and cut off the highway, and commit evil in your assemblies?" The "approaching men" (ta'tuna al-rijal) happens in the context of "cutting off the highway." Kugle suggests that the men of Sodom were not a "gay community" seeking consensual partners. They were a gang of xenophobic bandits who used rape as a weapon to terrorize travelers and humiliate strangers.

The Specific Incident

When the Angels come to visit Lut in the form of beautiful young men, the mob surrounds Lut’s house demanding to "know" them. Lut offers his "daughters" instead (interpretations vary on whether he meant his biological daughters or the women of the tribe).

Traditionalists say the mob was "gay" because they wanted the men. Kugle argues they were Rapists. They wanted to violate the guests to prove that Lut (a foreigner himself) could not protect anyone. It was an act of power, dominance, and xenophobia. To equate this mob violence with the loving, consensual commitment of a modern gay couple is a category error of massive proportions.

Kugle asks: Does the Quran condemn the gender of the victim, or the coercion of the act? If the sin of Sodom was sex between men, then rape would theoretically be okay if it was between a man and a woman. But obviously, rape is the crime. Therefore, Kugle argues, the Story of Lut is a condemnation of Sexual Violence and Inhospitality, not sexual orientation. It teaches us that sex without consent, used as a weapon to humiliate, is an abomination. It tells us nothing about two men loving each other in a stable, God-fearing home.

III. Fitrah: The Diversity of Creation

If the Story of Lut is neutralized, the debate moves to creation theology. The traditional argument is that God created "Adam and Eve," establishing heterosexuality as the only "natural" (Fitrah) state. Anything else is a deviation, a disease, or a "test."

Kugle flips this on its head by analyzing the concept of Fitrah (innate disposition). The Quran says (30:30): "So direct your face toward the religion... [adhering to] the fitrah of Allah upon which He has created [all] people."

Queer Muslims testify that their attraction is not a "lifestyle choice" or a "Western corruption." It is innate. They feel it as deeply as they feel their hunger or their need for sleep. If God is the Creator of all things, and He makes no mistakes, then the existence of a queer person is a deliberate act of creation.

Kugle argues that Diversity is a Sign of God. Prophet Muhammad said, "Difference of opinion in my community is a mercy." The Quran (49:13) says, "We made you into nations and tribes so that you may know one another." Why can't this diversity extend to psychosexual organization?

If a gay man forces himself to marry a woman to "appear" straight, he is actually acting against his Fitrah. He is living a lie. And since distinct truthfulness (Sidq) is a primary Islamic virtue, living a lie cannot be the path to God. Kugle argues that for a gay Muslim, embracing their identity is the only way to be true to their Fitrah. To force them into heterosexuality is the oppression; it is the violation of God's design.

Kugle pushes further into Sufi metaphysics. He cites the example of the "Mukhannathun" (gender-variant/effeminate men) in Medina. The Prophet did not kill them; he protected them (as long as they didn't disclose women's secrets). This suggests that the early community recognized gender variance as a natural phenomenon, not a capital crime.

IV. The Problem of Hadith: Forensic Deconstruction

The strongest weapon in the traditionalist arsenal is not the Quran (which is ambiguous on the punishment for homosexuality), but the Hadith (sayings of the Prophet). Specifically, the horrific narration: "Whoever you find doing the deed of the people of Lut, kill the one who does it and the one to whom it is done." (Sunan Ibn Majah).

This text appears definitive. Kugle, however, performs a rigorous Isnad (Chain of Transmission) Analysis. He demonstrates that this Hadith is legally dubious even by classical standards.

  1. Inconsistency: The major schools of law (Madhhabs) completely disagreed on the punishment.

    • Hanafi School: Abu Hanifa, the founder of the largest Sunni school, argued that liwat does not qualify for the death penalty (Hadd). He classified it as Ta'zir (discretionary correction), implying it is a sin but not a capital crime comparable to adultery. He famously argued that anal sex does not involve "lineage confusion," so it's less serious than vaginal adultery.
    • Shafi'i/Maliki/Hanbali: These schools were harsher, but even they debated the method (stoning vs. beheading vs. burning).
  2. Weak Narrators: Kugle points out that the "Kill the doer" Hadith depends on narrators who were flagged by classical scholars as "unreliable" or "prone to error."

  3. Contradictory Behavior: There is no authentic historical record of the Prophet Muhammad or the four Rightly Guided Caliphs executing anyone for homosexuality during their reign. The stories of burning/throwing off cliffs appear in later texts or are attributed to Companions in dubious chains.

Kugle argues that the obsession with killing gays is a later juristic invention, driven by a desire to enforce social conformity, not a direct command of the Prophet. If the Prophet never executed a gay man, why are modern states (like Iran or Saudi Arabia) doing so in his name?

V. The Possibility of Nikah: Toward a Theology of Same-Sex Marriage

If we accept that (1) the Story of Lut is about rape, not love, (2) being gay is a natural state (Fitrah), and (3) the death penalty is legally void... then what? Kugle moves from Defense (stop killing us) to Construction (let us build families). He proposes the radical/logical conclusion: Islamic Same-Sex Marriage.

Traditionalists argue that Nikah (marriage) has two purposes: Procreation and Legitimizing Lust. Since gay couple can't procreate (biologically, without assistance), their marriage is void.

Kugle counters by returning to the Quranic definition of marriage in Surah Rum (30:21): "And of His signs is that He created for you from yourselves mates that you may find tranquility (Sakinah) in them; and He placed between you affection (Mawaddah) and mercy (Rahmah)."

Kugle argues that the Quranic telos (purpose) of marriage is Sakinah, Mawaddah, and Rahmah. Procreation is a possible outcome of marriage, but not its defining condition. (If procreation were the only condition, then sterile heterosexual couples or post-menopausal women would be forbidden from marrying, which they are not).

If a same-sex couple fulfills the conditions of Sakinah (peace), Mawaddah (love), and Rahmah (mercy), and they commit to a public contract of fidelity and mutual care, why is their union not a Nikah? Kugle argues that banning same-sex marriage forces gay people into "Zina" (sex outside marriage). By denying them the container of Nikah, the community creates the sin it condemns. The only way to "make it Halal" is to allow the Nikah.

This is a profound shift from "tolerance" to "sanctification." It argues that gay love is not just something to be "put up with"; it is a sign of God (Ayat), capable of reflecting divine attributes just as heterosexual love does.

VI. The Social Justice Imperative: Refusing the "Test" Narrative

A common "moderate" Muslim response to homosexuality is the "Test Narrative." This view says: "Okay, you act gay. That is your Jihad (struggle). God gave you this desire as a test. You must remain celibate your whole life, and God will reward you in Heaven."

Kugle rejects this as theological cruelty. He asks: What kind of God gives a human being the capacity for deep romantic love, creates them with a need for companionship, and then commands them to be alone forever? That sounds more like a sadist than Ar-Rahman (The Most Merciful).

Furthermore, Kugle links the struggle for queer rights to the broader Islamic imperative of Social Justice. The Quran is largely a polemic against the "Mustakbirun" (The Arrogant/Oppressors) who crush the "Mustad'afun" (The Oppressed/Weak).

  • Who are the oppressed today? The queer teenager kicked out of their house. The trans woman beaten in the street. The gay man terrified to pray in the mosque.
  • Who are the arrogant? The scholars and community leaders who use their power to exclude, shame, and incite violence.

Kugle argues that standing with the LGBTQ+ community is an act of Islamic solidarity. It is standing with the marginalized against the powerful. A Muslim who fights for justice must fight for all justice. You cannot fight Islamophobia while practicing Homophobia. They are two branches of the same tree of intolerance.

VII. Conclusion: The Courage of Ijtihad

Scott Kugle’s Homosexuality in Islam is not an easy read. It dismantles the comfortable certainties that many Muslims have held for decades. It demands that we look at our own history and see the blood on the hands of the jurists.

But it is also a book of immense hope. It offers a lifeline to millions of queer Muslims who have been told that they are mistakes. It tells them: You are not a mistake. You are a Sign.

To the straight Muslim ally, the book offers a challenge. It is no longer enough to be "personally accepting" but "religiously silent." If the theology is violent, silence is complicity. We must engage in Ijtihad (independent reasoning). We must realize that the "closure of the gates of Ijtihad" was a myth. The gates are open. The Quran is breathing.

God is not heteronormative. God is Al-Haqq (The Truth) and Al-Adl (The Justice). And a Justice that excludes the queer believer is no justice at all.

Kugle has laid the foundation. The walls are being built by the brave queer activists in every mosque, university, and family gathering who are standing up and saying: La ilaha illallah—There is no god but God, and we are His servants too.


Further Reading: This piece is part of our series on progressive Islamic thought. Consider reading our analysis of Kecia Ali's Sexual Ethics, exploring the feminist sociology of Fatima Mernissi, or examining the modern application of these theories in our review of Halal Sex.

Frequently Asked Questions

Does the Quran explicitly forbid homosexuality? Scott Kugle argues that the Quran condemns sexual violence and inhospitality (as seen in the Story of Lut), not consensual same-sex love. He posits that the traditional interpretation is a result of patriarchal bias, not the text itself.

What is the 'Fitrah' argument regarding LGBTQ Muslims? 'Fitrah' refers to the innate nature God created in humans. Kugle argues that sexual orientation is part of a person's fitrah. Therefore, forcing a gay person to be straight is a violation of God's creation, while embracing one's identity is an act of spiritual truthfulness (Sidq).

Is same-sex marriage (Nikah) valid in Islam? Kugle proposes that Nikah is valid for same-sex couples if it fulfills the Quranic criteria of Sakinah (peace), Mawaddah (love), and Rahmah (mercy). He argues that procreation is not the sole definition of potential marriage in Islam.

How does Scott Kugle view the Hadith about killing gay people? Kugle performs a forensic analysis of the Hadith "Kill the one who does it...", showing it has weak chains of transmission (isnad) and was debated by classical scholars like Abu Hanifa, who did not prescribe the death penalty for same-sex acts.


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Rantideb Howlader

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