Homosexuality in Muslim countries
Afghanistan
The Penal Code of 1976 was reinstated after the American invasion, and its article 427 prescribes long prison terms for adultery and pederasty. However, Article 427 of the Penal Code does contain sections that likely punish
homosexualitywith fines and long prison sentences
Albania
On
January 20, 1995 the Albanian Parliament legalized homosexual relations in Albania.
Algeria
According to Article 388 of the penal code from 1996, sodomy may be punished with imprisonment from two months to 2 years and a fine of 10,000 Algerian dinars.
Azerbaijan
2000 saw the abolishment of the
Azerbaijani law forbidding homosexual interactions (gay sex).
Bahrain
Homosexuality has been considered illegal in Bahrain since 1956 when, as part of the British Empire, it was given the Indian Penal Code. Article 377 of this code made "unnatural sexual behaviour" a crime punishable with imprisonment not to exceed ten years, or deportation for twenty years of a fine.
Bangladesh
According to Article 377 private, adult
homosexual sex acts are illegal and will be punished with deportation, fines and/or up to 10 years, sometimes life imprisonment
Bosnia and Herzegovina
Homosexual sex was decriminalized in Federation of Bosnia and Herzegovina (FBiH) in 1998 and in the Republika Srpska (RS) in 2000, by those two entities adopting their own criminal laws. The age of consent is 14, regardless of sexual orientation (having sexual relations with a person under 14 is considered statutory rape.).
Brunei Darussalam
Homosexuality is illegal in
Brunei and can be punished with up to 10 years imprisonment or a fine of 30,000 Brunei dollars
Burkina Faso
Article 411 prohibits any sexual act which is deemed to be unnatural or against the public morals. Articles 412-415 stipulate the punishment of acts against the public "sense of shame" of under-aged persons to be a prison sentence of between 2 months and 10 years.
Chad
There is no
sodomy law in
Chad. Homosexual acts are legal in
Chad according to the Penal Code of
1967. Article 272 sets the
age of consent for
homosexual acts of both sexes to 21 years.
Comoros
Homosexual sex is illegal in Comoros according to article 318 of the Penal Code. Such acts are punished with up to five years imprisonment and a fine of 50 000 to 1 000 000 francs.
Djibouti
The laws regarding
homosexuality in
Djibouti are vague and can sometimes be confusing, but it is generally understood that homosexuality is
de facto illegal.
Egypt
Homosexuality is not
de jure illegal in Egypt. However, in the early part of the twenty-first century, homosexuality started to become
de facto illegal under a wide scope of interpreting various articles of the Egyptian Penal Code and other regulations of Egyptian Public Policy related to the safeguard of "Public Order & Public Morals". Such practices were an evolution of the controversial practice used by Egyptian Security to quell youth rebellion and "lewd" expression of individuality in the mid nineties under the banner of
Satanism, official charges ranged from "offenses against public morals and sensitivities" to "violating the teachings of religion and propagating depraved ideas and moral depravity."
Gambia
According to the criminal code from 1965, § 15, Offences against Morality Act, Article 144: homosexuality is an "unnatural offence" and is illegal.According to Article 145 a prison sentence for perpetrators can be for up to 7 years. Article 146 states those who commit "unnatural acts" with anyone under the age of 14 years can also be imprisoned for up to 7 years. Article 147 states homosexual acts, even in privacy are considered acts of gross indecency and can be punished with imprisonment for up to 5 years.
Guinea
Article 325 prohibits same-sex acts with a maximum penalty of 3 years imprisonment and a fine of up to 1 million Guinea francs.
Indonesia
Homosexuality is a not a crime when it occurs in private and between consenting adults.
Iran
Sodomy is a crime for which both partners can be punished by death. If the participants are adults, of sound mind and consenting; the method of execution is for the Shari'a judge to decide. A non-adult who engages in consensual sodomy is subject to a punishment of 74 lashes. (Articles 108 to 113) Sodomy is proved either if a person confesses four times to having committed sodomy or by the testimony of four righteous men. Testimony of women alone or together with a man does not prove sodomy. (Articles 114 to 119). "If sodomy, or the lesser crimes referred to above, are proved by confession, and the person concerned repents, the Shari'a judge may request that he be pardoned. If a person who has committed the lesser crimes referred to above repents before the giving of testimony by the witnesses, the punishment is quashed. (Articles 125 and 126).
Iraq
Homosexuality was legal in Iraq under
Saddam Hussein until late 2001, when under pressure from religious conservatives he criminalised the act of sodomy. A law passed in 2001 made sodomy punishable by imprisonment, and repeated convictions punishable by death.
The legal status of homosexuality remains something in dispute in a post-Saddam Iraq. Homosexuality is not de jure illegal in Iraq, but it is taboo.
Jordan
Private, adult and consensual
sodomy was decriminalized by the Penal Code of 1951
[2]. The age of consent is 16.
Kazakhstan
Kazakhstan has no
sodomy laws, the age of sexual consent is 18 for all.
Kosova
Male homosexuality became legal in
Kosovo in 1970. Since
1 January 1991[
citation needed], Kosovo has an equal
age of consent of
14 regardless of sexual orientation and/or gender and all sexual offences became
gender-neutral.
Kuwait
Article 193 of the Penal Code punishes homosexuality between men, over the age of 21, with up to seven years imprisonment
Lebanon
Article 534 of the Lebanese Penal Code prohibits having sexual relations that are "contradicting the laws of nature," which is punishable by up to a year in prison. This prohibits male homosexuality, along with
adultery,
sodomy and
fornication, while for females, lesbian sexual activities are not illegal, because they do not involve penetration.
Libya
Homosexuality is illegal and can be punished according to article 407/4 with up to 5 years imprisonment, or 10 years when committed in an act of violence. Libya has also been known to execute gays and lesbians under Islamic Sharia Law.
Malaysia
Section 377 of the penal code prohibits heterosexual and homosexual
sodomy with punishments including up to twenty years in prison and or fines and whippings. Section 337a more narrowly prohibits acts of "gross indecency with another male person" with punishment including up to two years in prison.
Mali
There are no laws against
homosexuality. Homosexual behaviour is not mentioned as a criminal offence in the penal code. Gay sexual activity is hence legal. However in a case in 1999 two
lesbians where punished under the guise of violating
Public Morals. There exist only
Public Indecency in Sexual Offence article. (Three months to two years in prison and a fine )
Mauritania
The Shari'a law applies in
Mauritania. According to the penal code from 1983, part II chapter 1, section 4, Article 308 states any adult Muslim caught engaging in an "unnatural act" with a member of the same sex is punishable with the death sentence by public
stoning
Morocco
Article 489 of the
Penal Code of
Morocco criminalizes “lewd or unnatural acts with an individual of the same sex.”
Homosexuality is
illegal in Morocco and can be punished with anything from 6 months to 3 years imprisonment and a fine of 120 to 1200
Dirhams
Niger
Homosexuality is not forbidden in
Niger but a punishment is possible should you "offend the public moral" according to Articles 275-279 or engage in sexual intercourse with minors under the age of consent, which is set at 21 years of age (Article 282). An imprisonment of 6 months to 3 years and a fine of between 10,000 and 100,000 CFA-franc is possible for offenders.
Nigeria
Homosexuality in Nigeria is illegal according to Chapter 21, Articles 214 and 217 of the Nigerian penal code and can be punished by imprisonment of up to 14 years. The north of Nigeria is Islamic and extremely conservative. According to the Shari'a law, which applies here, anal intercourse (
Liwat) is punished with 100 lashes (for unmarried men) and one years imprisonment and death by stoning for married men.
Oman
Homosexuality in the Sultanate of
Oman is illegal according to § 32 of the penal code and can be punished with a jail sentence of up to 3 years.
Pakistan
Article 377 - Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than two years nor more than ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
Palestine
Homosexuality is technically illegal under the
sodomy prohibition originally enacted under the
British Mandate
Qatar
Article 201 of the 1971 Penal Code punishes sodomy between consenting adults (irrespective of sex) with up to five years imprisonment.
Saudi Arabia
In 1928, the Saudi judicial board advised Muslim judges to look for guidance in two books by the Hanbalite jurist Mar'I ibn Yusuf al-Karmi al Maqdisi (d.1033/1624).
Liwat (
sodomy) is to be "treated like
fornication, and must be punished in the same way. If
muhsan (married, or within a legal concubinage) and free, one must be stoned to death, while a free bachelor must be whipped 100 lashes and banished for a year." Sodomy is thus proven either by the perpetrator confessing four times or by the testimony of four trustworthy Muslim men. If there are less than four witnesses, or one of them is not upright, they are all to be chastised with 80 lashes for slander.
Senegal
Homosexual activity is illegal in Senegal. Article 319, paragraph 3 of the Senegal Penal Code, in the edition of the law of n° 66-16 of 12 February 1966 bans homosexual conduct.
Somalia
In the previous penal code; Article 409 prohibited homosexual acts. Punishment can be up to 3 years imprisonment.
Sudan
Homosexuality is illegal in Sudan. The judicial system is based on the Shari'a and according to Article 148, capital punishment applies should the offense be repeated for the fourth time for women, and the first for men.[1] Before this 100 lashes apply to unmarried women who engage in homosexual acts.[2]
For homosexual men, the death penalty is used on the first act.
For lesbian women, the first three acts of homosexuality are punished with 100 lashes, and on the fourth offense, death.
Syria
Article 520 of the penal code of 1949, prohibits having homosexual relations, i.e. "carnal knowledge against the order of nature", and provides for a possible three-years imprisonment. However, the law is
de-facto suspended.
Tajikistan
There are no laws against homosexuality in
Tajikistan
Tunisia
Article 230 of the Penal Code of 1913 (largely modified in 1964) decrees imprisonment of up to three years for
sodomy between consenting adults.
Turkey
Gay sexual conduct between consenting adults in private is not a crime in Turkey. The
age of consent for both heterosexual and homosexual sex is 18.
Turkish Republic of Northern Cyprus
in the
Turkish Republic of Northern Cyprus male homosexual conduct only (not lesbianism) is still illegal and yet to have the law repealed by a new
Criminal Code
Turkmenistan
Male
homosexuality is illegal in
Turkmenistan. Punishment ranges from a fine to 2 years in prison.
Penal Code 1997/98 (revised 2000)
“(1) Muzhelozhstvo, that is the sexual relations of the man with the man, is punished by imprisonment for the term of up to two years with the placing of the responsibility of stay in the specific locality for the period from two to five years or without the same.”
United Arab Emirates (Abu Dhabi)
Article 80 of the Abu Dhabi Penal Code makes sodomy punishable with imprisonment of up to 14 years.
United Arab Emirates (Dubai)
Article 177 of the Penal Code of Dubai imposes imprisonment of up to 10 years on consensual sodomy.
Uzbekistan
Male
homosexuality is illegal in
Uzbekistan. Punishment ranges from a fine to 3 years in prison.
Penal Code 1994/95 (revised 2001)
“Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals - shall be punished with imprisonment up to three years.”
Yemen
Homosexuality is illegal in Yemen in according to the country's
Shari'ah legal system. Punishment ranges from
flogging to
death. Yemen is one of only seven countries to apply a death penalty for consensual sexual acts between adults of the same sex.
taken from wikipedia