Norman L. Greene

Alia Kate, Hossein Alizadeh, Norman L. Greene, Dr. Loren W. Greene, Dr. Allen Keller, Dean Mekbib Gemeda

_{^{New York / Morocco Board News Service--}}  New York University School of Medicine’s Colloquium on Medical Ethics (Loren Wissner Greene, M.D., Chair)[1], part of the Master Scholars Program, in conjunction with its Medical Humanism Program (Allen Keller, M.D., Chair, and, also, Director of the NYU School of Medicine Center for Health and Human Rights and Director of the Bellevue/NYU Program for Survivors of Torture[2]), presented a combined human rights and Islamic Law program at a well attended conference at NYU Langone Medical Center entitled Homosexuality in Muslim Countries:  A Comparative Study of the Legal Status of Gay, Lesbian, and Transgender People, on May 26, 2010.

Also attending the event was Mekbib Gemeda,  the Assistant Dean for Diversity Affairs and Community Health and the Director of the Center for the Health of the African Diaspora at NYU School of Medicine.   The Masters Scholars program and their chairs hold the NYU Colloquium monthly during the school year on a variety of topics.
The featured speaker was Hossein Alizadeh, the International Gay and Lesbian Human Rights Commission's Middle East and North Africa Program Coordinator, who surveyed the legal and extra-legal discrimination against the non-heterosexual practices of sexual minorities in Morocco, Iran, and Turkey.  According to its website, the Human Rights Commission is “dedicated to human rights advocacy on behalf of people who experience discrimination or abuse on the basis of their actual or perceived sexual orientation, gender identity or expression.”[3]

 Mr. Alizadeh addressed the variety of penal approaches to non-heterosexual conduct (Morocco, punishment of up to two years in prison, limited fine; Iran, punishments may be flogging or capital punishment, depending on the conduct concerned; Turkey, a secular but majority Islamic country, no codified sanctions).  He paid special attention to the particularly harsh and graphic laws in Iran on sodomy depicting in virtually X-rated fashion precisely what is permissible and what is not and with whom and when and to what extent. Despite the absence of laws prohibiting non-heterosexual conduct in Turkey, lesbian, gay, bisexual and transgender (LGBT) minorities nonetheless suffered appreciable discrimination and harassment there. [4]

In discussing the different countries’ legal systems (particularly the complex and religious-dominated Iranian system of government), Mr. Alizadeh observed some outlandish medical diagnoses in Iran, such as “diabetes,” that is inappropriately applied to attribute a disease to transgender persons; contrasted the treatment of persons within the various LGBT categories; and reported on the status of the overall effort to improve conditions for these populations, both legally and practically. He also mentioned the peculiar reasoning that leads the government in Iran to give government support to (and even urge) transgender operations, so that by 2009, there were at least 4,000 self-identified transgender people in Iran. At the same time, Mr. Alizadeh noted that in the case of male to female operations, some resulting women suffered “gender shock”– that is, the realization that by becoming female, they degraded their social status and worsened their position in society.

Despite the general harshness of some laws against sexual crimes, including non-heterosexual or LGBT conduct (especially in Iran), Mr. Alizadeh said that there are also ameliorating features, at least in theory.  These include the intentional difficulty of enforcement because of onerous proof requirements in Iran, such as the requirement of having four men as witnesses and the extent of observation required to convict of various acts.  For proving any sexual crimes, witnesses are needed to observe the sexual act in question from start to finish, which would undoubtedly be rare.   Other deterrents to prosecution include severe punishment for “sexually malicious accusations” either for homosexual or heterosexual crimes. He also touched on patriarchal domination affecting heterosexual relationships in most Muslim countries where Sharia law is being enforced by the courts, including the requirement that married women be “available at all times,” and under some circumstances, the allowance of marriage of very young girls. (By law in Iran, puberty is defined as 9 for girls and 15 for boys).  In contrast, the 2004 reform of the Moroccan family code legislatively disapproved such underage marriages, but in some areas, enforcement is concededly lacking.


Mr. Alizadeh observed that the Koran does not expressly condone discrimination against sexual minorities – let alone punishment for non-heterosexual practices.   “Most of the religious discourse on punishing homosexuality,” for example, he said, “is based on the Sunnah and Hadith (narrations from the Prophet and his deeds), but there is an ongoing debate about the authenticity of those quotes from the Prophet as well as the accuracy of the reports about his deeds.  Some scholars also argue that sexual taboos are cultural and traditional values repackaged as religious norms.”
 
“Also, in Islam, sin is a private matter, and publicizing a private sin is a bigger sin,” said Mr. Alizadeh. “Talking about other people's private lives, let alone accusing them of committing a sin, is often compared in religious literature to committing rape in public. Islam strictly forbids Muslims from speculating about other members of the society and gossiping about the private lives of other Muslims. Protecting individuals’ privacy, and their good names, is repeatedly emphasized in the Koran. This is important, since most legal cases against ‘homosexuals’ in Muslim societies are often based on speculation and gossip, rather than witnessing the sexual act itself, which is the only way one can claim knowledge of someone's sexual orientation.”
 
That Islam is opposed to discrimination based on sexual preferences also finds scholarly support.   Thus Reza Aslan, in his classic history of Islam, notes that “acknowledging human rights in Islam is not simply a means of protecting civil liberties, it is a fundamental religious duty.”
[5]   While Islamic scholar Tariq Ramadan has recognized that Islam opposes homosexuality, he confirms “that we must avoid condemning or rejecting individuals,” regardless of that position.[6]  He further observed: “It is quite possible to disagree with a person’s behavior (public or private), while respecting that person as an individual.”[7]  In addition, he noted that “[j]ustice is a condition for peace, and the Prophet kept insisting that one cannot experience the taste of equity if one is unable to respect the dignity of individuals….[T]he message was a call for religious, social and political liberation.”[8]  Indeed, Muhammad showed his respect for all persons by his own example. “[T]hroughout his [Muhammad’s] life, he kept listening to women, children, men, slaves, rich, and poor, as well as outcasts.”[9]

Resolving the position of Islam or any other religion on sexual minorities was beyond the scope of the conference and certainly of this article.  However, at times the existence of repressive legislation may reflect a perversion of fundamental religious teaching whether as a result of the legislation’s overall substance or severity or through its legislative or prescriptive detail.   Even if it does not, one must separate what one views as correct as a religious matter from what should be enshrined in a nation’s legal system as positive law. Although this is a basic principle in the United States, not all countries make that important distinction.  Moreover, religious interpretations need not carry on outdated and unkind views indefinitely but rather may evolve over time if they are to remain relevant, appropriate and just.  Undoubtedly religious justifications may have been devised in many religions for discrimination and bigotry, but religious people may set those positions aside in favor of human rights in support of a better world.
 
 
Dr. Loren Greene, the Chair of the Colloquium, said that her knowledge and interest in Islamic law and society has been escalating through her increasing exposure to the area, including her attendance and acknowledged assistance at a conference on women’s empowerment in Morocco in March 2010 in Washington, D.C. and other events.  “When Hossein Alizadeh and his organization’s work came to my attention,” she said, “I was especially receptive to it.   Not only did it seem to present an interesting idea for one of our programs, but I thought that it would attract a large segment of the NYU community as it in fact did.” 
 
She added that she has been personally interested in the subject of the conference and related areas (including moral relativism) since her undergraduate studies with a major in anthropology and as a result of her regular attendance at the NYU Colloquium in Medical Ethics since she was a medical student at NYU School of Medicine before becoming Chair. She has also recently expanded her involvement in such areas through ongoing studies as a student and faculty member of the new Masters Program Bioethics and Environmental Ethics at the NYU Graduate School of Arts and Sciences.
 
According to Dean Mekbib Gemeda, programs like this seminar fit perfectly within NYU's educational approach. "Topics that look at the intersection of medicine and humanism help provide the knowledge and skills needed to navigate across cultures and are of great interest to us at NYU," he said, "as we continue to serve increasingly diverse patients in the US and globally."  He added that this seminar, however, is just "one outstanding example." Among other things, NYU's Institute of Community Health and Research "hosted a one-day conference on Islam and Health in 2007 to discuss issues related to caring for Muslim patients in the US and abroad," which "included mental health, reproductive health, and Islam and medical ethics," Dean Gemeda observed; and "NYU looks forward to hosting similar programs in the future."[10]




^{_{*Copyright © Norman L. Greene (2010).}}



Norman L. Greene is an attorney in New York, N.Y. and graduate of N.Y.U..Law School, who is planning a conference on North Africa, including Morocco.  Along with Dr. Loren Greene, he recently attended and wrote an article on one of the 20 events held in Washington, D.C. in March 2010 celebrating the 20th anniversary of the Washington Moroccan American Club.  The event, on women’s empowerment, was held at the Carnegie Endowment for International Peace on March 17, 2010.  See, e.g., Norman L. Greene, Provocative, Fast-Moving Conference Held in Washington on Women’s Empowerment in Morocco, March 23, 2010, available at http://www.moroccoboard.com/news/34-news-release/949-provocative-fast-moving-conference-held-in-washington-on-womens-empowerment-in-morocco     The women’s empowerment event included experts Stephanie Willman Bordat, Susan  Schaefer Davis, Salma Lemtouni, and Fatima Sadiqi, as panelists, and  Martha Dye and Barbara Ferris, as co-chairs and moderators.

Mr. Greene has written a number of other items related to the 20 anniversary events held in Washington, D.C.  He has also extensively and separately published on government reform, including judicial reform and the rule of law, and a variety of other topics.

 

<sup><sub>1  Dr. Greene has chaired the Medical Ethics Colloquium for over 10 years.  According to Dr. Greene, this innovative and long-standing program was started over 35 years ago at N.Y.U. by Dr. Arthur Zitrin and Dr. Alex Rosen as the first such program in the United States.

 

2 Dr. Keller is recognized internationally as an expert in the documentation, evaluation and treatment of torture victims.  Since the Bellevue/NYU Program for Survivors of Torture program began in 1995, more than 2,000 refugees and asylum seekers from more than 70 different countries have received care. The program has established an international reputation for excellence in its clinical, educational and research activities.

 

3  See    http://www.iglhrc.org/cgi-bin/iowa/home/index.html

 

4  It is not unusual that Islamic states treat the issue differently.  “[T]here are many countries in the modern world that could be termed Islamic states, none of which have much in common with the other….And yet not only do all of these countries view themselves as the realization of the Medinan ideal, they view each other as contemptible desecrations of that ideal.”  Reza Aslan, No God But God (2005), p. 257.  See also id. at 263 (“God may be One, but Islam most definitely is not.”)   See also John L. Esposito, What Everyone Needs to Know About Islam (2002), p. 146 (“Homosexuality is considered abnormal.  In some areas it is treated as a crime punishable under Islamic law, while in others homosexuality is tolerated but homosexuals are still set apart socially.”)

 

5  Reza Aslan, No God But God (2005), p. 264.

 

6 Tariq Ramadan, Islam and Homosexuality, last visited May 29, 2010, available at http://muslimpresence.com/?p=2149).

 
7 Tariq Ramadan, Islam and Homosexuality, supra note 7.

 

8 Tariq Ramadan, In the Footsteps of the Prophet: Lessons from the Life of Muhammad, p. 212.

 

9 T ariq Ramadan, In the Footsteps of the Prophet: Lessons from the Life of Muhammad, p. 214.

 

10      Islam and Health:</sub></sup>

Treating Muslims: An Interdisciplinary Perspective

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