Dealing With Homosexuals (FATWA)
Homosexuals cut off their genitals and roam around involving themselves in homosexuality, fornication on the streets, playing music and dancing around undressed. Some even cover themselves in purdah and go out singing. They have no connection/purpose with fasting or ṣalāh. When they die, they are buried in the Muslim graveyards. In such situation, should they be buried in Muslim graveyards or not? Or should they be buried someplace else? And how is it to take part in their ṣalāh al-janāzah? Should they be allowed to enter in a gender segregated area or not?
The Answer Those who do such actions are corrupt, evil, and committing ḥarām. However, when they are Muslims, then their ṣalāh al-janāzah will be performed since the condition of ṣalāh al-janāzah for the deceased is to be Muslim. Being pious and righteous are not conditions. Nevertheless, `ulamā and mashā’ikh should not participate in such people’s funeral, for the purpose of conveying a lesson. If they are believers, then they will be buried with their close Muslim relatives. Women must do purdah from homosexuals and bisexuals just how they are required to do purdah from other men. It is in Fatāwā Bazzāzīyah:
لا ينبغي للمرأة الصالحة ان تنظر اليها المرأة الفاجرة لأنها تصفها للرجال فلا تضع جلبابها ولا خمارها عندها
Meaning that a chaste woman should not allow unchaste women to look towards her. Now if there is a ruling for purdah from unchaste women, even though a woman to look towards a woman compared to a man looking towards a woman is less severe, and in this case he (the homosexual) is both unchaste and a man, then the ruling for this situation compared to the other would be more severe. Therefore, Sayyidunā Rasūlullāh H removed a bisexual from the house, and he said to his blessed wives that he must not be allowed near you. It is stated in al-Durr al-Mukhtār:
والخصي والمجبوب والمخنث في النظر الى الأجنبية كالفحل وقيل لا بأس بمجموب جف ماؤه لكن في الكيري ان من جوزه فمن قلة التجربة والديانة
Even though they may apparently seem to be harmless, allowing them permission to enter the house is evidence of weakness in religion and wisdom. Allāh E knows best.
Muftī Amjad `Alī al-A`ẓamī V