Same Sex Marriage, Human Rights and Death Penalty: Common and Islamic Law Perspectives

摘要

There has been a growing movement in a number of countries to regard marriage as a right which should be extended to gay and lesbian couples. The agitations for legal recognition of same-sex marriage cut across race, ethnicity, age, religion, political affiliation, and socio-economic status. This is a serious challenge to marriage as a sacrosanct institution. However, the response to these agitations varies from one country to the other with religion and culture as determinant factor. Islam prescribed capital punishment for same sex marriage and treats the couples as miscreant, while the Common Law sees same sex marriage as fundamental human rights and abrogated capital punishment. But freedom of religion is in itself a fundamental right. In contradistinction with law as the will of the people, religion is a complete way of life to the Muslims.