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Of course, homosexual relations are a sin according to Islam. But theoretically, civil (nonreligious) "marriages" do not have any standing in Islam. So is there any reason to oppose the legalization of homosexual marriage (suppose in a secular country like the United States) which is really no more than a contract allowing the person's "spouse" to visit him in a hospital, file joint tax returns, etc.?

Furthermore, assuming that some Muslims happen to live in a place where such marriages are legally allowed, would it be permitted for two unmarried, male Muslim friends to go to a New York courthouse and "get married" so that they can get the tax advantages and hospital visitation rights that come with such a status? This is all assuming that there is absolutely no romantic interaction between the two of them?

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    this falls under misuse of laws , and will be taken as cheating . note: this is my personal view. – Zia Jun 10 '14 at 14:44
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Arguments can be made both ways - this is one of those things that different jurists will have different opinions on because the determinant in each ruling is more wisdom and less textual.

The idea of granting tax benefits and certain other rights, from an Islamic point of view, has nothing to do with marriage itself. If the state makes a civil - not religious - decision to grant these to people who fit a certain criteria, there's no religious objection to that. The issue, then, really is about the appropriation of the word "marriage."

Everyone will agree that in a non-Muslim country, citizens can do whatever the law allows them to do. The topic of homosexual marriage itself is not something that concerns Muslims per se personally or politically (but its effects do affect the prevailing culture and civilization). Therefore it would appear as if Muslims really don't have a horse in the race, apart from generally supporting the rule of law and non-discrimination. Some Muslims may feel that the cultural consequences of legalizing homosexual marriage are too great to risk being silent over, and may speak up against it. Others may feel the legal consequences of legalizing discrimination against one group are too great to risk not supporting it. In the end it's a political decision, not a religious one.

As for your second question, I agree with the commenter that it would appear to be a fraudulent misuse of the law and every kind of fraud is strictly prohibited in Islam.

  • Why do you say this is a fraudulent misuse of the law? Does the law say that two married people must have romantic interest in each other? There are plenty of married couples who are staying together for kids or other reasons unrelated to romance. Are they committing fraud by doing so? – Daniel Jul 30 at 20:41
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Islam treat every marriage as a religious thing. No muslims are allowed to get married unless these conditions are met:

  1. There is no legitimte reason that would stop them from getting married(homosexual relation is a sin or they are brother and sister)
  2. Both the male and the female agree with the marriage
  3. Mention the names of thos who wants to get married(in case both has many daughters/sons)
  4. Witnsses.
  5. The deptance of the dad/wali of both the husband and the wife.
  6. The marriage should be fixed and not temporary.

If these conditions are not met, then this marriage is considered a sinful marriage.

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    Do you have a source for your first statement? " Islam treat every marriage as a religious thing. " – Pureferret Jun 17 '14 at 18:33

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