The Telangana Markazi Shia Ulema Council (TMSUC) has moved the Supreme Court opposing the plea for the legalisation of same-sex marriage, arguing that it is explicitly prohibited by Islam and the Quran which warns of punishment to the transgressors.
In an intervention application moved before the top court, the organisation has countered the plea of the LGBT community to argue that even in several Western countries, same-sex marriages are prohibited and children brought up by such couples have a multitude of problems, both physical and mental, unlike offspring brought up by heterosexual couples.
The council has moved the present application for being heard before a five-judge Constitution bench from April 18 which will take up a batch of 30-odd petitions relating to same-sex marriage.
The Centre and the Jamiat-ulema-Hind have earlier opposed the plea for legalisation of the marriage, whereas the Delhi Commission for Protection of Child Rights (DCPCR) and a host of individuals and NGOs from the LGBT community have justified same-sex marriages.
“In view of the fact that the institution of marriage has an inherently religious character and questions pertaining to the interpretation of personal law have been raised in the present proceedings, it is humbly submitted that this Hon’ble Court may be pleased to implead the applicants herein in the present Writ Petition. At the onset, the applicants submit that homosexuality and same-sex marriage are prohibited in the Islamic faith. The Holy Quran explicitly prohibits homosexuality in Surah Araf,” the present application filed by the council through advocate Ejaz Maqbool stated.
The application noted that the Quran also refers to the punishment meted out by the Almighty to the people who rejected the message of Hazrat Lut (Peace Be Upon Him), the prophet who preached against homosexuality, in SurahAnbiya.