On April 1, Jamiat Ulema-e-Hind, via advocate HR Shamshad, submitted an intervention application in the Supreme Court to oppose pleas seeking recognition of same-sex marriages. Calling it an assault on the family system, the Islamic organisation said that it would be an attack on the family system rather than making a family through the process of marriage.
“In the Islamic paradigm, fathers and mothers are complimentary to each other but not interchangeable,” Influential muslim body Jamiat Ulama-i-Hind in its application in SC opposing same sex marriages. pic.twitter.com/fTjondsxEm
— Vasudha Venugopal (@Vasudha156) April 2, 2023
In its application, the organisation said, “Islam’s prohibition of homosexuality has been categorical from the dawn of the religion of Islam itself. The position of Islam with respect to the prohibition on homosexuality is undisputed and established.” It further added that Muslims see marriage as a social-religious institution between a biological male and a biological female. Any interpretation of the marriage other than that would be considered non-adherent.
Jamiat Ulema said, “It is complete contravention of the established understanding of the concept of marriage in all personal laws, i.e. between a biological man and a biological woman, and thus intends to rake up the very core, i.e. the structure of a family unit in prevailing in the personal laws system.”
It further added that the legislative policy of marriage in India’s legal system is between a biological man and a biological woman. Calling same-sex marriage a free-floating system, the organisation said allowing it would destabilise the institution and dilute the concept of marriage.
Adv. एमआर शमशाद ने सुप्रीम कोर्ट में जमीयत उलेमा हिंद के अध्यक्ष मौलाना महमूद मदनी साहब की ओर से समलैंगिक विवाह के खिलाफ याचिका दायर की।
— Jamiat Ulama-i-Hind (@JamiatUlama_in) April 1, 2023
याचिका में कहा गया है कि इस तरह की शादी के बारे में सोचना भी शैतानी अभिव्यक्ति है और देश के महान मूल्यों की केंद्रीयता का अपमान है pic.twitter.com/pnXQV9iqN8
It added, “Since the atheistic worldview had a decisive influence on the present alterations in the ideas of sexual morality, it must not be allowed to create any space within the religiously governed personal laws of communities.”
The organisation said that the role of father and mother in Islam is complimentary but not interchangeable. Notably, the petitioners in favour of the concept of same-sex marriage are relying on the changing legal regime in other countries. On the contrary, Jamiat said the “radical non-religious worldview” cannot be imposed on established, inseparable, and core principles of religions.
The application read, “The concept of marriage between two opposite sexes is like the basic feature of the concept of marriage itself which leads to the creation of a bundle of rights (maintenance, inheritance, guardianship, custody). By these petitions, petitioners seek to dilute the concept of marriage, a stable institution, by introducing a free-floating system and the concept of same-sex marriage.”
Pointing out the LGBTQ+ movement in the western world, the organisation said, “Since the atheistic worldview had a decisive influence qua the present alterations in the ideas of sexual morality, it must not be allowed to create any space within the religiously governed personal laws of communities.”
Since Supreme Court decriminalised same-sex relationships in 2018, several individuals and organizations have sought intervention from the apex court to interpret the Hindu Marriage Act, Special Marriage Act, Foreign Marriage Act, and other laws to provide provisions for same-sex marriages.
Not to forget, the Centre has also opposed the demand for the recognition of same-sex marriage in the country. On March 12, in its affidavit in the apex court, the Centre opposed the plea seeking legal recognition of same-sex marriage, saying that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit and they are distinct classes which cannot be treated identically.
Furthermore, a group of former judges also wrote an open letter not to pursue the matter in court. They believe that legalising same-sex marriage would violate Indian culture and tradition. The statement says that vested interest groups are working towards the legalisation of same-sex marriage, and the Supreme Court is considering the matter. The issue has gained momentum recently after being referred to a constitutional bench. 21 retired judges signed the letter.
The Supreme Court is scheduled to hear the matter on April 18.
