Does sharia law apply men and women who are gay

Same-sex sexual activity is prohibited under Sharia law, under which all sex outside of marriage, include same-sex sexual activity, is criminalised. The maximum penalty under the law is the death penalty. Both men and women are criminalised under this law. In addition to potentially being captured by laws that criminalise same-sex activity, trans people may also face prosecution for failing to adhere to strict dress codes imposed by Sharia law.

The provision has its origins in Islamic law, with Saudi Arabia operating an uncodified criminal code based upon Sharia principles. There is substantial evidence of the law being enforced in recent years, with LGBT people being frequently subject to arrest.

Factsheet: Sharia law and criminalising LGBT relationships

Some of those arrested have been does sharia law apply men and women who are gay by authorities. Due to the opacity of Saudi Arabia law enforcement, it is not possible to provide accurate estimates of the number of arrests, prosecutions, and executions. There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including murder, assault, harassment, and the denial of basic rights and services.

Societal stigma and the absence of LGBT organisations limits reporting of discrimination. The objection was based on the fact that the resolution referenced a report by the Special Rapporteur on torture which included 65 references to sexual orientation, which Saudi Arabia claimed was being used to promote issues beyond the eradication of torture.

In October, gay social media personality Suhail al-Jameel was released from prison after being detained for three years on public decency charges for posting a picture of himself on Twitter shirtless and wearing swim shorts. The US Department of State report found that, although the death penalty is a possibility for same-sex sexual activity, prosecutors did not seek to impose this punishment during the year.

While in detention he was subjected to solitary confinement, beatings, and torture. In April, Saudi Arabia announced it had executed 37 men. Reports suggest that five of those were executed for same-sex sexual activity. In October, it was reported that a gay social media user had been arrested for posting a picture of himself in shorts at the beach online.

It is not known under what law they were arrested, and whether they were prosecuted. This followed reports that prosecutors were pushing for more severe penalties, including the death penalty, for LGBT people. A report alleged there were arrests for same-sex sexual activity in one year, highlighting the likelihood of underreporting in international media due to the difficulty in accessing accurate data.

The report also included contradictory views on whether the death penalty is actively applied for individuals found guilty of same-sex sexual relations. The report detailed a number of individual instances of prosecution. In March, Eden Knight, a transgender woman killed herself after she said her parents lured her back home in Saudi Arabia and pressured her to detransition.

Eden was previously studying in the US. There were reports of official and societal discrimination, physical violence, and harassment in employment, housing, education, and health care, but stigma and intimidation limited reports. Both local newspapers and clerics publicly condemned same-sex sexual activity.

Two Saudi journalists fled to Australia and sought asylum after they were reportedly outed by Saudi state security in retaliation for contact with foreign media. In March, two transgender Pakistanis were tortured to death by police after a raid in which 35 transgender people were arrested.

A report by Defend Democracy highlights the strength of anti-gay attitudes currently disseminated to students in Saudi textbooks. Oman criminalises same-sex sexual activity between men and between women. The gender expression of trans people is also criminalised. Yemen criminalises same-sex sexual activity between men and between women.

Sentences include a maximum penalty of death by stoning. The United Arab Emirates criminalises same-sex sexual activity between men and between women. Sentences include a maximum penalty of death.