Individual freedom is a very important aspect that should be protected. But not at all costs. The needs of the many must outweigh the needs of the few. The preservation of the community is therefore a higher priority than certain freedoms of individuals or minorities. This concept is the basis of the enforceable laws of every land. Every community polices the actions of its members to a degree, forbidding activities that are believed to be detrimental to the wellbeing of the community. Thus the debate is not about homosexuality, but more about the right of any community to permit or forbid actions by individuals that are regarded as harmful by the members of that community.
Islam and the West can also be considered communities that police actions of individuals in order to benefit the majority. Today in the West, consensual polygamy practiced by Mormons or Muslims is legally punishable. It is forbidden even when all the involved individuals are happy doing it, believe it beneficial to their families and communities, and justified by their religion. The West regards it as wrong, and therefore makes laws against it to protect its community structure and values. This is the right of any community, and the West is not condemned for violating individual freedoms by outlawing polygamy.
By exactly the same reasoning Islam cannot be condemned for prohibiting prostitution and homosexuality. Just because the West has legalised prostitution and homosexuality does not oblige Islam to do so. It must be understood when Islam is being discussed, that the primary goal of Islam is to provide maximum individual freedom while protecting the community, allowing it to remain stable, integrated, and capable of surviving and thriving prosperously. In Islam the family unit is held in extremely high regard, and considered the fundamental building block of the community. Both prostitution and homosexuality are considered threats to the stability of the family unit, and are therefore unlawful. Islam likewise has the right to preserve what is important to its community members by restricting certain activities of individuals.
It is interesting to note that the West has not legalised prostitution and homosexuality because they have been proven to be harmless, much less healthy or beneficial to the community, but simply because they were unable to stop them.
Let us also consider the theory of genetic predetermination. Researchers are currently hypothesising genes for many behaviours, from depression to homosexuality to violence. Is this supposed to absolve people who commit crimes from responsibility for their actions? How would we react if a new genetic trait was discovered to be related to the sexual orientation of some men and women towards animals, or even children? Does that imply an obligation to legalise bestiality or child pornography and abuse in order to avoid violating these individuals’ personal freedom? Of course not! But where should any community draw the line as to what is an unacceptable sexual act, and what is not? The answer is wherever they believe the actions of the individual have the potential to harm the community.
Islam draws the line very clearly, making any sexual activity outside of marriage unacceptable. Whether homosexual or heterosexual, both are similarly punishable. It is a sin to indulge in homosexual actions in an Islamic sense, but a good deed to restrain self from such an action while having the desire. The fact is that no matter how much the legal system tries to police sexual actions, homosexuals could easily and safely practice sex. The whole issue is not about enjoying pleasure with a loved one in bed. Rather it is about the consequences arising from social acceptance of extra-marital relationships.
For a person to be convicted of the crime of homosexuality in Islam, no less than four creditable eye-witnesses to the actual act must be able to testify in court without contradicting each other. How often do you really think that happens? So the act itself, while unlawful, is secondary to the detrimental effect on the family unit caused by public acceptance of homosexual relationships. The law is there primarily to discourage people from actions considered detrimental to the community, not to punish people or violate personal freedom.
The fact that four eye-witnesses are required, when only two are necessary for other crimes could mean that Islam stresses that unacceptable sexual actions are only punishable when they become public knowledge. We know from psychology and human behavioural science that children learn and behave according to what they see around them. So if a society decides that homosexuality is a normal, genetically determined behavior, it is logical that many individuals would experiment with homosexuality or other dubious acts to see if it would improve their personal gratification. Extra-marital sexual experimentation has been shown to damage the stability of the family unit. Thus Islam seeks to prevent the exaltation of personal gratification over family stability, not to violate personal freedom.
The question raised here is not about the acceptability or otherwise of homosexuality. It is about the degree to which each community has the right to supersede the freedom of the individual in order to protect the majority of its members. In the West consensual polygamy is illegal and unacceptable while prostitution and homosexuality is legalised. It is the complete reverse in the Islamic world. It is not a matter of violating individual freedom, a sacred aspect of all communities, but where the line is drawn between what is permitted and what is not. Homosexuality, prostitution, and child pornography have been shown to be detrimental to the stability of the family unit, and therefore destructive to the wider community. This is why these actions are unacceptable in Islam, not because Islam promotes the violation of individual freedom.
Therefore, the only criteria that could be reasonably used to challenge the Islamic prohibition of homosexuality is whether or not this particular sexual activity is truly destructive to communities. An understanding of the basics of Islam is required before this question can be sensibly discussed. Islam views itself as "Alfetrah" Arabic for the natural orientation of humans. This means that anything Islamic is in agreement with the nature of humans as individuals and communities. A balance is struck so that the community does not overly oppress individuals, but neither can the individuals gain excessive freedoms which may threaten the wellbeing of the community.
Unlike Christianity, Islam views sex within marriage as a good deed rewarded by God because it is in accordance to the nature of humans "Alfetrah" . Desiring sexual relations outside of wedlock can also become a good deed if the individual manages to restrain themself, and is a sin only if adultery is actually committed. This also applies to any individual claiming to be genetically attracted to the same sex; a sin arises only if the action is committed, while a reward is given for self-constraint. A major goal of Islam is to support people to do good and encourage them avoid bad, condemn only those that actually do bad and, surprisingly, reward those that desire bad and yet restrain themselves from doing so.
Unless and until the social acceptance of public and legalised homosexual relationships is proven not to be harmful to the structure and values of a given society, no one has the right to condemn the Islamic world for forbidding this practice. Just as the Islamic community does not presume to condemn the West for outlawing polygamy. Almost all human behaviors are genetically encoded to a greater or lesser degree. What makes us human is our free will to choose whether or not to follow our instincts or reason.
