Friday, August 28, 2015

Majority Muslim Nations Where Homosexuality Is Legal

I wrote this to respond to a facebook comment that read in part;
Homosexualiy is not legal in the Muslim world. I don't know where you make this stuff up. Ask ISIS about it.
Well, I found 20 majority Muslim countries, out of 51[1], where homosexuality is legal.

1. Albania, Europe

Not only are same-sex relationships legal in Albania, they amended their constitution to strictly punish a crime when it is “related to gender, race, colour, ethnicity, language, gender identity, sexual orientation, political opinions, religious or philosophical beliefs, health status, genetic predisposition, or disability.” In addition to this hate crimes legislation, they have hate speech legislation as well. The Albanian parliament amended its Criminal Code: “Providing to the public or distribution of deliberate materials containing racist, homophobic or xenophobic content, through the communication and information technology, is punishable by a fine or imprisonment up to two years.”[2][3]

2. Azerbaijan, Europe

Same-sex relationships are legal in Azerbaijan with no separate age of consent.[3]

3. Bahrain, Asia

Same-sex relationships were legalized in Bahrain in 1976 though the age of consent for such acts is still 21.[3]

4. Burkina Faso, Africa

Same-sex relationships were never criminalized in Burkina Faso. However there is a separate age of consent.[3]

5. Chad, Africa

Same-sex relationships were definitely legal in Chad until 2014. However they attempted to pass new legislation. Huffpost has homosexuality as illegal[4]. However the 2015 reports from ilga and Amnesty International have it as legal.[3][5]

6. Djibouti, Africa

In Djibouti same-sex relationships are legal.[3]

7. Guinea-Bissau, Africa

In Guinea-Bissau same-sex relationships are legal.[3]

8. Indonesia

Indonesia, the world’s largest Muslim country, has given two provinces the right to govern by Sharia law as long as the law only applies to Muslims. However homosexuality is legal throughout the rest of the nation and if you are not a Muslim in those two provinces.[3]

9. Iraq, Asia

ILGA previously listed Iraq as unclear, but have since changed it to illegal. After the 2003 US invasion the 1969 penal code was implemented. This code did not outlaw homosexuality. However ILGA says it is illegal for three reasons.

  1. Even though Iraqi law does not allow for a civil judge to refer to a sharia court, some do. 
  2. They do not view ISIS as a separate state. 
  3. Also police regularly target homosexuals.

Still, it is on this list, because technically throughout non-ISIS controlled Iraq, homosexuality is legal.[3]

10. Jordan, Asia

When Jordan abandoned the British penal code in 1951, it adopted its own code which does not outlaw homosexuality.[3]

11. Kazakhstan, Asia

Homosexuality is legal in Kazakhstan, however their close relationship with Russia has brought forth anti-homosexual propaganda laws. Still none have passed.[3]

12. Kosovo, Europe

Homosexual acts are legal in Kosovo and they forbid employer discrimination based on sexual orientation. Still the age of consent is different.[3]

13. Kyrgyzstan, Asia

Like with Kazakhstan, Kyrgyzstan also has calls for anti-homosexual propaganda laws, but homosexuality is still legal there.[3]

14. Lebanon, Asia

In Lebanon, lesbianism is legal, but possibly not male same-sex behavior (punishable by one year in prison). Outlawed by the French penal code since 1943, in recent times, there were seldom arrests made for male same-sex behavior. In 2012, the police started to clamp down. In 2014, a judge seemed to overturn the law by allowing a transwoman to marry a cisman. However later that year, 27 men were arrested for homosexual behavior in a Turkish bath. Still they were never formally charged. ILGA says that it is illegal, but not everyone interprets the judge’s ruling that way.[3][6]

15. Mali, Africa

Homosexuality has never been illegal in Mali.[3]

16. Niger, Africa

Homosexuality has never been illegal in Niger.[3]

17. Palestine

In 1858, the Ottomans legalized homosexuality, but when the British took over after World War I, they enforced a penal code where male homosexuality was illegal. When Israel declared their independence in 1948, the British Penal Code that outlawed male homosexuality was still in place. Gaza was seized by Egypt which left the British code in place. The West Bank was seized by Jordan which changed its penal code to allow for all homosexuality in 1951.


So in 1967 when Israel acquired Gaza and the West Bank; they acquire one territory that banned male homosexuality and one that did not. In 1977, Israel replaced the British code with their own, but they still outlawed male homosexual acts. They later legalized them in 1988, three decades after the West Bank.


Gaza still operates under the British code where male homosexuality is punishable by 10 years. However Hamas is writing a harsher law that might go into effect in 2016 where male homosexuality is punishable by "100 lashes and up to five (5) years in prison, and execution if such behaviour happens three times."[3]

18. Tajikistan, Asia

Homosexual acts have been legal in Tajikistan since 1998.[3]

19. Turkey

As the former head of the last major caliphate, the Ottoman Empire, in 1858, Turkey legalized same-sex behavior throughout the empire. Homosexuality has been legal in Turkey longer than slavery has been outlawed in the USA.[3]

20. Turkish Republic of Northern Cyprus

In 2014, Turkish Republic of Northern Cyprus voted to legalize homosexuality.[3]


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