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Publication Date:
September 2007
ISSN:
1554-4419
DOI:
10.2202/1554-4419.1111

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Editor-in-Chief: Mokhtari, Shadi

Ed. by Baderin, Mashood A. / Monshipouri, Mahmood / Welchman, Lynn

1 Issue per year

Dual Subordination: Muslim Sexuality in Secular and Religious Legal Discourse in India

Aziza Ahmed1

1aziza.ahmed@gmail.com

Citation Information: Muslim World Journal of Human Rights. Volume 4, Issue 1, Pages –, ISSN (Online) 1554-4419, DOI: 10.2202/1554-4419.1111, September 2007

Publication History:
Published Online:
2007-09-18

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws "give meaning" to sexuality through the legal structures manifested by state and religious regulatory bodies and argues that both religious and state legal institutions need to be reformed to create a legal environment that furthers rather than inhibits a full realization of sexual rights.

Keywords: India; Islamic Law; LGBT rights; human rights

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