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Malaysian Criminal Law-Islamic Law-Lesbian (Musahaqah / Sihaq) under Islamic Law and Syariah Law in Malaysia
Question 1
What is meant by lesbian sexual behaviour in Islamic law?
Answer:
Lesbian sexual behaviour is generally referred to as sihaq or musahaqah, which literally means “rubbing” or “pounding”. It is sometimes associated with female masturbation and is commonly translated as tribadism. Islamic jurists regard such behaviour as illicit sexual conduct outside a legally sanctioned marital relationship.
Question 2
Does the Qur’an expressly mention lesbian conduct?
Answer:
There is no clear consensus among scholars that the Qur’an explicitly mentions lesbian conduct. While the Qur’an clearly addresses male-male sexual activity, references to female same-sex activity are indirect and subject to interpretation.
Question 3
Which Qur’anic verses are often discussed in relation to lesbian conduct?
Answer:
Surah An-Nisa (4): 15–16 is often cited. The verses refer to “women guilty of lewdness” using the feminine plural, not the dual form. This wording has led some scholars to interpret the verses as possibly referring to immoral acts involving women within the Muslim community, though the text does not specifically mention two women engaging in sexual relations.
Question 4
What is the position of Hadith on lesbian behaviour?
Answer:
There are very few hadiths that directly address lesbian behaviour. Most hadiths focus on male-male sexual conduct. However, some hadiths condemn gender imitation, which jurists sometimes relate to same-sex behaviour indirectly.
Question 5
What relevant Hadith addresses gender imitation connected to lesbian behaviour?
Answer:
A hadith narrated by Ibn ‘Abbas states that the Prophet (SAW) cursed:
Another narration records that the Prophet (SAW) ordered such persons to be removed from their houses. These hadiths are often relied upon to show Islam’s disapproval of conduct that blurs gender distinctions, including lesbian behaviour.
Question 6
How do Islamic jurists classify lesbian conduct?
Answer:
Islamic jurists generally classify lesbian conduct as illicit sexual behaviour (haram), but unlike zina, it is usually treated as a ta‘zīr offence, meaning the punishment is discretionary and not fixed by divine text.
Question 7
What is the legal position on lesbian conduct under Malaysian Syariah law?
Answer:
Under section 26 of the Syariah Criminal Offences (Federal Territories) Act 1997, lesbian conduct is criminalised as musahaqah.
Question 8
How is “musahaqah” defined under Malaysian Syariah law?
Answer:
Section 2 of the Syariah Criminal Offences (Federal Territories) Act 1997 defines musahaqah as sexual relations between female persons.
Question 9
What are the elements of the offence of musahaqah under section 26?
Answer:
The prosecution must prove that:
Question 10
What is the punishment for musahaqah under Syariah law?
Answer:
Upon conviction, the offender is liable to:
Exam Tip (One-liner)
Lesbian conduct (musahaqah) is treated as a ta‘zīr offence in Islamic law and is expressly criminalised under section 26 of the Syariah Criminal Offences (Federal Territories) Act 1997.
Question 1
What is meant by lesbian sexual behaviour in Islamic law?
Answer:
Lesbian sexual behaviour is generally referred to as sihaq or musahaqah, which literally means “rubbing” or “pounding”. It is sometimes associated with female masturbation and is commonly translated as tribadism. Islamic jurists regard such behaviour as illicit sexual conduct outside a legally sanctioned marital relationship.
Question 2
Does the Qur’an expressly mention lesbian conduct?
Answer:
There is no clear consensus among scholars that the Qur’an explicitly mentions lesbian conduct. While the Qur’an clearly addresses male-male sexual activity, references to female same-sex activity are indirect and subject to interpretation.
Question 3
Which Qur’anic verses are often discussed in relation to lesbian conduct?
Answer:
Surah An-Nisa (4): 15–16 is often cited. The verses refer to “women guilty of lewdness” using the feminine plural, not the dual form. This wording has led some scholars to interpret the verses as possibly referring to immoral acts involving women within the Muslim community, though the text does not specifically mention two women engaging in sexual relations.
Question 4
What is the position of Hadith on lesbian behaviour?
Answer:
There are very few hadiths that directly address lesbian behaviour. Most hadiths focus on male-male sexual conduct. However, some hadiths condemn gender imitation, which jurists sometimes relate to same-sex behaviour indirectly.
Question 5
What relevant Hadith addresses gender imitation connected to lesbian behaviour?
Answer:
A hadith narrated by Ibn ‘Abbas states that the Prophet (SAW) cursed:
- Men who imitate women, and
- Women who imitate men.
Another narration records that the Prophet (SAW) ordered such persons to be removed from their houses. These hadiths are often relied upon to show Islam’s disapproval of conduct that blurs gender distinctions, including lesbian behaviour.
Question 6
How do Islamic jurists classify lesbian conduct?
Answer:
Islamic jurists generally classify lesbian conduct as illicit sexual behaviour (haram), but unlike zina, it is usually treated as a ta‘zīr offence, meaning the punishment is discretionary and not fixed by divine text.
Question 7
What is the legal position on lesbian conduct under Malaysian Syariah law?
Answer:
Under section 26 of the Syariah Criminal Offences (Federal Territories) Act 1997, lesbian conduct is criminalised as musahaqah.
Question 8
How is “musahaqah” defined under Malaysian Syariah law?
Answer:
Section 2 of the Syariah Criminal Offences (Federal Territories) Act 1997 defines musahaqah as sexual relations between female persons.
Question 9
What are the elements of the offence of musahaqah under section 26?
Answer:
The prosecution must prove that:
- The accused is a female person;
- She engaged in sexual relations; and
- The act was with another female person.
Question 10
What is the punishment for musahaqah under Syariah law?
Answer:
Upon conviction, the offender is liable to:
- A fine not exceeding RM5,000, or
- Imprisonment for a term not exceeding three years, or
- Whipping not exceeding six strokes, or
- Any combination of the above.
Exam Tip (One-liner)
Lesbian conduct (musahaqah) is treated as a ta‘zīr offence in Islamic law and is expressly criminalised under section 26 of the Syariah Criminal Offences (Federal Territories) Act 1997.
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