Comparative analysis reveals conflicts in LGBTQ rights between secular legal systems and Islamic jurisprudence.
This paper explores the legal ethical positioning of LGBTQ rights within two distinct normative frameworks: secular legal systems grounded in liberal human rights values and Islamic jurisprudence rooted in divine moral order. The study examines how the principle of human dignity, a central tenet of modern human rights discourse, intersects and often conflicts with traditional religious morality concerning gender and sexual identity. While secular legal traditions increasingly recognize LGBTQ rights as extensions of personal autonomy and equality, Islamic legal discourse often upholds heteronormative ethics derived from classical interpretations of the Qur’an and Hadith. Through a comparative-analytical approach, the paper identifies key points of convergence and divergence between these two frameworks, particularly in their conceptualization of dignity, legality, and moral permissibility. The findings suggest that meaningful engagement between secular and religious legal systems requires an acknowledgment of deeply rooted epistemological differences while exploring possible areas of legal reconciliation, especially in multicultural societies. By presenting this normative comparison, the paper contributes to a more nuanced understanding of legal pluralism in addressing complex human rights issues involving sexuality and belief.
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Islami et al. (2025) studied this question.
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