Legal systems in Arab states criminalize and prohibit same-sex conduct and its expression. These laws were inherited through the oppressive attitudes of colonial regimes towards homosexuals. Jordan and Bahrain, which were also imperial States, removed these laws after gaining independence. However, other Arab States deal with same-sex conduct through the interpretation of sharia, while most kept the colonial era prohibition, despite modifying the language and penalties.

The Middle East was not opposed to homosexual acts even though the Quran banned homosexual activity. authors like Khaled el-Rouayheb who had done extensive work on the cultural history of Arabs reveals that Arabic literature of the Ottoman period (1516-1798) often contained casual and sometimes sympathetic references to homosexual love.

By the 20th century, many Arab historians and literary scholars had turned hostile toward homosexuality and were against the pederastic themes in their literary work. Now influenced by the European Victorian norm, the new educated and westernized people of Egypt adopted norms which were mainly based on opposition to same sex relations.

The concept of modernization began to include the normalization of heterosexual relations and banning of all homosexual practice and inclination. In the latter half of the 20th century, there was another significant change in attitude towards same sex relations in the Middle east. It began to be perceived homosexuality not only as a morally wrong but also as an effort of western impure culture to influence authentic middle eastern cultures

In most Arab States consensual same-sex relations between adults are criminalized in countries like Algeria, Morocco, Oman, Tunisia, Syria, Yemen, and part of Palestine, often with gender-neutral language. Some countries, like Mauritania, criminalize homosexual conduct for both sexes. The punishment for Muslim men can include a sentence of death by public stoning. Whereas sex between females encompasses lesser sentences. Lebanon and Syria ambiguously define 'unnatural sex' in Lebanon as "any sexual intercourse contrary to the order of nature"

These rulings are used to punish homosexual relations. Qatar, on the other hand, prohibits adultery and sodomy. Countries such as Egypt employ ambiguous "morality" statutes to target LGBT individuals. These laws frequently employ terms like "indecent" or "immoral" without precise definitions, resulting in arbitrary arrests and harassment. Laws pertaining to "debauchery" is utilized to detain numerous LGBT individuals

Regarding transgender expression, Kuwait and the UAE have explicitly criminalized gender conformity in 2018 with a law against men dressing in women's clothing. In 2007, Kuwait banned "imitating the opposite sex". Transgender people in these countries face arbitrary arrests along with degrading treatment and torture while in police custody. As the law did not define what comes under imitating the opposite sex.

There are no standardized procedures in the region for transgender people to legally change their gender on official documents, leaving them vulnerable to harassment and arrest. In Lebanon, a lower court delivered a judgment in which the court said that "if three psychologists and one doctor can prove that you have a gender disorder, you can change your papers" but this procedure is not rectified in the law and local courts do not create binding obligations.

Freedom of expression and association for LGBTQ groups is also severely restricted. In numerous Arab states, laws exist that effectively prevent LGBTQ organizations from legally registering and working. Akaliyat, a Moroccan organization, tried to register in 2016; however, officials rejected the application and ejected those applying from the registration office.

Building a community for homosexual people is often considered a first step toward beginning an LGBT activist movement. This step helps in creating a safe place for LGBTQ people to assemble, to find support and to discuss the issue which is affecting them for example In Jordan, a group of LGBTQ individuals has organized regular film screening which addresses 'topics like sexual orientation and gender identity. This group partners with an LGBTQ- friendly sexual health center, whose staff offer HIV testing after the screening.

Building communities can also be extended to the digital realm. In Cairo, an organization is working on oral histories of LGBTQ people in Egypt and neighboring countries with aim of educating non- LGBTQ people about LGBTQ issues, their primary goal is to reach LGBTQ individuals who may access these materials online and feel validated by reading stories of people like them the internet is regarded as the safest place to achieve this due to availability of many apps which use VPN to hide the personal identity of an individual

References:

• https://www.hrw.org/report/2018/04/16/audacity-adversity/lgbt-activism-middle-east-and-north-africa
• https://hornet.com/stories/middle-east-homophobia-anti-gay-history/
• https://daleel-madani.org/sites/default/files/Resources/HelemStudy.pdf
• https://eprints.lse.ac.uk/56822/1/Homosexuality_Middle%20East.pdf
• https://www.dw.com/en/lgbtq-activism-seeking-queer-love-in-middle-eastern-history/a-66138244
• https://timep.org/2019/07/17/timep-brief-lgbtq-human-rights-in-egypt/
• https://www.weforum.org/agenda/2016/01/the-real-story-of-the-gay-middle-east/
• https://queerintheworld.com/gay-qatar-travel-guide/
• https://queerintheworld.com/lgbt-rights-in-lebanon/
• https://www.hrw.org/report/2004/02/29/time-torture/assault-justice-egypts-crackdown-homosexual-conduct
• https://queerintheworld.com/lgbt-rights-in-egypt/
• https://apnews.com/article/middle-east-dubai-united-arab-emirates-kuwait-19f74a75f740e7495b7a809a65067f44
• https://gulfnews.com/world/gulf/bahrain/crossdresser-sent-to-bahrain-jail-for-indecent-behaviour-1.1004003
• https://www.opendemocracy.net/en/north-africa-west-asia/sunni-islamic-jurisprudence-sex-reassignment-surgery-and-transgender-rights/
• https://ilga.org/resources/state-sponsored-homophobia-report-2017-ilga/
• https://www.france24.com/en/20181114-middle-east-matters-cinema-lgbtq-movie-wedding-sam-abbas-yemen-war-jordan-floods
• https://amerainternational.org/sexual-orientation-and-gender-identity-country-list/egypt-lgbtqi-resources/

Written By: Pranshu Kumar, IIIrd Year BALLB - ILS LAW College, Pune