The Case of 'Queer Muslims': Sexual Orientation and Gender Identity in International Human Rights Law and Muslim Legal and Social Ethos

Abstract

This article analyses the past and present positions of the concepts of sexual orientation and gender identity in international human rights law and Islamic legal tradition in order to establish a rationale for the protection and empowerment of the millions of members of various Muslim communities who suffer from discrimination and prejudice solely because of their perceived or actual gender and/or sexual diversity. It argues that the systemic oppression of ‘queer Muslims’ runs against the fundamental principles of both analysed global(ised) legal systems, and that the notions of gender identity and sexual orientation, as pronounced in the Yogyakarta Principles, should be considered in framing the related legal, religious, social and human rights claims.