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NY MAJLIS ASH-SHURA "GAY PRIDE MONTH" RELEASE on SAME SEX MARRAIGE‏

On June 1st President Barack Obama declared the Month of June “Lesbian,Gay, Bisexual, and Transgender Pride

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Month”. Last month, both the President and Vice-President expressed their belief that the time has come for same sex marriage to be acknowledged in America. The NAACP has subsequently affirmed the same. One year ago today, on June 24, 2011, the state of New York declared such marriages legal.

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Also this month, the official release of the 2nd volume of the book series “I Speak For Myself" occurs. Entitled “All American: 45 American Men on Being Muslim” http://www.amazon.com/dp/ 1935952595/ref=rdr ext_tmb#reader_1935952595 ,it features a narrative by Daaiyee Abdullah, an American Muslim man of African descent, who is a self-proclaimed “openly gay imam”.

It is the opinion of the Executive Committee of the Majlis Ash-Shura (Islamic Leadership Council) of Metropolitan New York, that these events clearly demonstrate the continued need, civil legal arguments notwithstanding, for Muslim leaders to address the morality and legality of homosexuality from a religious point of view , based upon the Qur’an and Sunna. Fearing Allah alone, we accept the responsibility for offering such guidance, during a time when such principled positions are politically unpopular in the state and nation.

A STATEMENT BY THE EXECUTIVE COMMITTEE OF THE MAJLIS ASH-SHURA (ISLAMIC LEADERSHIP COUNCIL) OF METROPOLITAN NEW YORK: ON RECENT APPROVAL EXPRESSED BY NATIONAL POLITICAL LEADERS, FAVORING SAME SEX MARRIAGE

4 Shaban , 1433 A.H. June 24, 2012 C.E

. وَأَنزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِّمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ فَاحْكُم بَيْنَهُم بِمَا أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ عَمَّا جَاءكَ مِنَ الْحَقِّ لِكُلٍّ جَعَلْنَا مِنكُمْ شِرْعَةً وَمِنْهَاجًا وَلَوْ شَاء اللّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَـكِن لِّيَبْلُوَكُمْ فِي مَآ آتَاكُم فَاسْتَبِقُوا الخَيْرَاتِ إِلَى الله مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ (5:48) “To you (O Muhammad) We sent the Scripture in truth, confirming the scripture that came before it, and guarding it in safety. So judge between them by what Allah has revealed, and follow not their vain desires, diverging from the Truth that has come to you. To each among you have we prescribed a law and an open way. If Allah had so willed, He would have made you a single people, but (His plan is) to test you in what He has given you: so strive as in a race in all virtues. The goal of you all is to Allah. it is He that will show you the truth of the matters in which you dispute.” (Q 5:48)

Last year, when the State of New York passed its own legislation approving same sex marriage, The Majlis Ash-Shura of Metropolitan New York made known its position on that law, by a consensus of our Imams .The recent statements by the President and Vice-President of the United States have now elevated the discussion on such marriages to a national level. As Muslim leaders in one of the country's major cities, we declare the following:

The statements by President Obama and Vice President Biden, and others, expressing support for same-sex marriage in the United States, were inevitable. In a country characterized by the separation of "church and state", where the law of man as embodied in the Constitution is the pre-eminent law of the land insofar as civil governance is concerned, there emerges from time to time unfortunate moments when the law of the created, conflicts with the Law of The Creator. This is one such moment. Same-sex marriage is one such issue.

The central argument insofar as proponents are concerned is one of rights and equal protection under civil law. In a democracy the results of such debates are almost a certainty. In American society, human beings are entitled to civil rights and liberties, and those who can raise a legitimate argument proving discrimination, will ultimately triumph.

As Muslims we are charged with the responsibility as a faith community to "enjoin the right and forbid the wrong" ( Q 3:104,110,114). The same God who commands us thus, also defines what is right and wrong. When we are confronted by wrongs, we are commanded on the tongue of the Prophet Muhammad (peace be upon him) to change them with our hands (through actions), address them with our tongues (through speech or pronouncements), or at the very least to oppose them in our hearts (through beliefs and convictions). We have not been commanded nor permitted to approve or enable what Allah Most High, has not.

The position of the imams of the Majlis Ash-Shura of Metro NY, is that marriage is a sacred relationship for those of opposite gender, whom Allah has deemed permissible for marriage. We believe that such relations are blessed by Him, that other divinely forbidden sexual relations are not, and that there is no doubt in Al-Islam that homosexual relations fall into that catagory.. That is our faith perspective and firm belief, and we are not alone in that regard amongst the People of Scripture. Those who differ with this view are entitled to their opinion, but it is not ours Although Muslims are a religious minority in the United States of America, we should not support that which our faith condemns, regardless of its nature. We encourage Muslims to do what we have been commanded in the face of all immoralities.

As stated by the late Shaykh Ibn Baz (May Allah reward him with Paradise), in the work translated into english as Muslim Minorities: Fatawa Regarding Muslims Living as Minorities: “It should be stressed that one of the most important matters concerning Muslim minorities is, that they adhere to Allah’s Religion, understand it well and cling to it whatever their situation; in times of difficulty and ease, health and sickness, travel and residence. Every Muslim man and woman, wherever they may be, must hold firmly to Allah’s Religion while being patient with it.”

We should realize that there are several activities expressly forbidden for us as Muslims, that are legal and constitutionally protected in our country –even though we find them reprehensible. These include usury, manufacture, sale, and distribution of alcohol, and pornography. No Muslim can credibly argue that those particular haraam (religiously unlawful) activities are halaal (religiously lawful). It is the same with homosexual relations, and same sex marriage.

Thus far, same-sex marriage is being adjudicated on a state level as President Obama has expressed that it should. Wherever possible, Muslims should make their informed voices known to their elected officials, through the electoral or judicial process; as every other citizen. If eventually the Supreme Court grants legality to same sex marriage, then we should do as we are commanded even unto the least of lawful opposition. We are commanded in the Qur'an to say to those who do not believe as we, when faced with irreconcilable differences based upon faith, "To you be your way of life, and to us, ours."

What we must guard ourselves against is the adoption of arguments or reasoning, beliefs, practices, or ways of life, that are not compatible with our own as People of the Qur'an and Sunna. In this particular case, Allah’s Messenger (peace be upon him) stated “Verily, the most fearful of that which I fear for my people is the behavior of the people of Lot.” (Authenticated by Tirmithi and Ibn Maajah)

Let every Muslim stand upon the belief that Allah knows all and has made no mistakes. His Knowledge and Law are not bound by the passage of time. He is no oppressor of His creation, nor discriminator except between right and wrong. Be not concerned about the ire or disapproval of man. Be concerned about the wrath of Allah. We should respect the Constitution of the United States and the laws of the nation. But we should judge their veracity by the Book of Allah, and not the other way around. We are not and will not be judged by our Creator based upon the law of man.

We are and will be judged based upon the law of He Who is The Almighty God. وَأَنِ احْكُم بَيْنَهُم بِمَآ أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ فَإِن تَوَلَّوْاْ فَاعْلَمْ أَنَّمَا يُرِيدُ اللّهُ أَن يُصِيبَهُم بِبَعْضِ ذُنُوبِهِمْ وَإِنَّ كَثِيرًا مِّنَ النَّاسِ لَفَاسِقُونَ (5:49) “ And this (He commands): Judge you between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile you from any of that (teaching) which Allah hath sent down to you. And if they turn away, be assured that for some of their crime it is Allah's purpose to punish them. And truly most men are rebellious. (Q 5:49)

(Also) On the authority of Abu Sa'id (may Allah be pleased with him), who said that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Let not any one of you belittle himself." They said: "O Messenger of Allah, how can any one of us belittle himself?" He said: "He finds a matter concerning Allah about which he should say something, and he does not say [it], so Allah (mighty and sublime be He) says to him on the Day of Resurrection: 'What prevented you from saying something about such-and-such and such-and-such?' He will say: 'It was] out of fear of people.' Then He says: 'Rather it is I whom you should more properly fear.'"

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The Majlis Ash-Shura (Islamic Leadership Council) of Metropolitan New York

1350 Avenue of the Americas, 2nd floor New York, N.Y. 10019

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