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South Africa Islamic group issues edict that condemns homosexuality

A group of queer Muslims criticized fatwa in open letter

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(Photo by rarrarorro/Bigstock)

A group of queer Muslims in South Africa have rejected the South African Muslim Judicial Council’s new edict that condemns homosexuality as sinful and unIslamic. 

The fatwa the the South African Muslim Judicial Council issued earlier this month says any Muslims who are in same-sex relationships or engage in same-sex sexual relations will have taken themselves out of the Islamic faith. The South African Muslim Judicial Council has also called for excommunication or “takfir,” with the punishment being death for any Muslim found to be a member of the LGBTQ community.

“As queer Muslim South Africans and allies we resist the fatwa unequivocally. The MJC is a self-appointed, unelected and entirely male body, save for the head of their Womenā€™s Forum, that does not represent the Muslim community on any democratic basis,” reads a letter that 20 queer South African Muslims signed. “We remind the MJC that Section 9 of the Constitution forbids discrimination on the basis of sex, gender or sexual orientation, and applies to government and private parties. Section 15 provides for the recognition of religious legal systems and marriages that are not inconsistent with the Constitution. The rights of 2SLGBTQIA+ people under the South African constitution cannot be trumped by cultural or religious authority, especially the right to life.” 

“The MJCā€™s fatwa amounts to hate in a context where the lives of 2SLGBTQIA+ people are already in danger. The fatwa is based on ignorance and reinforces oppression and injustice rather than supporting just, fair and equal rulings,” adds the letter. “Moreso, the MJC and associated bodies, such as the Jamiatul Ulama South Africa, have published other articles and statements which incite hate against 2SLGBTQIA+ persons. “

The letter further notes that “2SLGBTQIA+ persons in South Africa are clearly protected by the Constitution and other laws. It is possible to be 2SLGBTQIA+ and Muslim.” 

As 2SLGBTQIA+ Muslims we live this combination daily. Our Islam is based on solidarity, critical love, care and kindness. For us, faith is about pursuing justice, fairness and equality. A discriminatory statement by the MJC does not and cannot invalidate our existence, or our right to life,” reads the letter. “All people deserve to enjoy a life free from oppression and discrimination. Together we can dismantle oppressive institutions and build safe, affirming and kind spaces for 2SLGBTQIA+ Muslims and all persons.”

The United Ulama Council of South Africa has since defended the MJC, citing that any demands for change in Quranic precepts go against the constitutionally-protected freedoms of beliefs and conscience.

“The Noble Quran recounts the story of the city of Sodom several times, condemning its inhabitants’ immorality and specifically criticizing its men for going to men out of desire instead of women. The Islamic position on same-sex relationships is clear and unambiguous as articulated by the MJC edict. The Islamic perspective is also consistent with Judaic and Biblical perspectives as stipulated in the relevant sacred scriptures,” said United Ulama Council of South Africa Secretary General MI Yusuf Patel. 

“Moreover, the 2SLGBTQIA+ Muslims (queer Muslim South Africans) mischievously attempt to equate opposition to same-sex relationships with hate speech by stating that the MJC’s fatwa amounts to hate in a context where the lives of 2SLGBTQIA+ people are already in danger,” he added. “It surreptitiously attempts to augment its hate narrative by introducing its own presumption that if members of the 2SLGBTQIA+ are excommunicated from the Muslim community, the punishment for being excommunicated is death. This scare tactic is designed to equate repudiation of same sex relationships with hate incitement to cause harm. The clamorous and increasingly aggressive 2SLGBTQIA+ public discourse attempts to mute any voice of dissent and has become increasingly intolerant of those that are critical of same-sex relationships, as evidenced by both the responses to the MJC edict (fatwa).” 

The MJC urged the Muslim community to display good conduct when dealing with non-Muslims belonging to the LGBTQ community, citing Islam teaches to hate the sin, not the sinner.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

Lesbian South African MP named to country’s new Cabinet

Steve Letsike won a seat in the National Assembly on May 29

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Steve Letsike (Photo courtesy of Steve Letsike)

South African President Cyril Ramaphosa on Sunday appointed lesbian MP Steve Letsike to his Cabinet.

Letsike, founder of Access Chapter 2, a South African advocacy group who is a member of the African National Congress that Ramaphosa leads, will be the country’s deputy minister of women, youth, and people with disabilities.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the countryā€™s first post-apartheid elections. Ramaphosa on Sunday announced Letsike and other new Cabinet members after the ANC and nine other parties agreed to form a National Unity Government.

The Washington Blade has reached out to Letsike for comment.

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Africa

Congolese justice minister orders prosecutor general to arrest LGBTQ allies

Constant Mutamba issued directive on June 15, implementation unclear

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Congolese Justice Minister Constant Mutamba (Photo courtesy of Mutamba's X account)

Congolese Justice Minister Constant Mutamba has instructed his country’s prosecutor general to arrest LGBTQ allies.

The newly appointed justice minister in a June 15 communique said the prosecutor general should initiate legal proceedings against people who advocate for the LGBTQ community in Congo.

Although same-sex marriages are constitutionally prohibited, there is currently no law that criminalizes consensual same-sex sexual relations. The communique has raised a lot of eyebrows from social and LGBTQ activists who are asking on what grounds Mutamba issued the communique.

“He could have started by initiating a bill in this direction, but in the current Congolese legislation he is missing the point,” said Jean Claude Katende, a Congolese human rights activist who is the president of the African Association of Human Rights. “If he wants to repress homosexuals, he must initiate a law which must make this behavior an offense and have it punished. He will be arrested for complicity in arbitrary arrests. The constitution is clear, no one can be prosecuted for an act which does not constitute an offense.” 

Khelver Hermano, a Congolese social commentator, said the law should not be interpreted based on one person’s emotions. 

“LGBT marriage is already not applied in the DRC but the minister wants to incarcerate those who do it informally without a legal basis,” said Hermano. “The law is not interpreted according to our will.” 

“Does the penal code in the DRC recognize polygamy? Why don’t we arrest all these known polygamists?” asked Hermano. “Just as polygamists are not prosecuted, we cannot do so against LGBT people.”Ā 

Many Congolese people, however, have welcomed the communique, arguing same-sex relations are un-African and unorthodox.

Article 172 of the country’s penal code states a person “who commits a moral crime by exciting, facilitating or promoting to satisfy the passions of others, debauchery or the corruption of persons of either sex under or apparently under the age of 21 years shall be punishable by a prison term of three months to five years or a fine.” Article 176 says a person “who engages in activities against public decency shall be punishable by a prison term of eight days to three years and/or a fine.”

Although not entirely applicable, the prosecutor general can use these two penal code articles to initiate the arrests ā€” the country in recent years has seen some arrests of LGBTQ people.

The June 15 communique is not the first time Mutamba has come out against the LGBTQ community. 

Mutamba earlier this year introduced a bill that would criminalize acts of homosexuality. The proposal received widespread support, particularly on social media where many Congolese people described it as a turning point for the country and for the continent at large.

Although parliament has not formally debated the bill, activists are concerned it will pass without many major objections because most MPs have previously said they do not support the LGBTQ community. It remains unclear how the prosecutor general will executive Mutamba’s communique.

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Africa

Prominent South African activist elected to country’s parliament

Steve Letsike founded Access Chapter 2

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Steve Letsike (Photo courtesy of Steve Letsike)

A prominent South African LGBTQ activist has won a seat in the country’s parliament.

Steve Letsike, a lesbian woman who founded Access Chapter 2, a South African advocacy group, is a member of the African National Congress. She is also part of the ANC’s National Executive Committee that determines the party’s direction.

Letsike won a seat in the South African National Assembly in national and provincial elections that took place on May 29.

The ANC lost its parliamentary majority that it had had since Nelson Mandela in 1994 won the South African presidency in the country’s first post-apartheid elections. MPs earlier this month re-elected President Cyril Ramaphosa after the ANC invited the Democratic Alliance and other parties to form a Government of National Unity.

Letsike in a statement to the Washington Blade described her election as “a milestone for the people of South Africa, and also affirmative of our party’s posture that is inclusive and intention to transformation agenda.”

“I am not in parliament for myself but the people that trusted the ANC to send individuals that will put people first,” said Letsike. “In that cohort that includes the LGBTI people like myself. Rooted in the teaching of a just society, that seeks equality and believes in the rule of law. That demand on developmental agenda from a queer lens and clear priorities of the people is important.” 

“I am delighted by this task, trust and hope for our people,” she added.

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