First Muslim Lesbian Couple to Wed in UK Seeks Asylum

The Daily Mail reports that a “pair of Pakistani women have made history as the first Muslim lesbian couple to get married” in the United Kingdom:

The couple could not find an Imam to marry them or, apparently, a decent wedding photographer (focus!).
The couple could not find an Imam to marry them or, apparently, a decent wedding photographer (focus!).

Rehana Kausar, 34, and Sobia Kamar, 29, made history when they tied the knot in a register office civil ceremony, then immediately applied for political asylum after they were wed, claiming their lives would be in danger if they returned to their native country.

The pair, from the Lahore and Mirpur regions of Pakistan, said they had received death threats from opponents in Pakistan – where homosexual acts are illegal and considered against Islam. And since news of their wedding earlier this month spread, the pair claimed they had even received death threats from the UK.

The couple was not married in an Islamic ceremony because they could not find an Imam in Britain willing to marry them.

Pakistan has become a fairly violent and lawless society, and–given this couple’s visibility and the death threats they have received–I suspect that their asylum claim will have a high probability of success.

A quick review of reader comments about the Daily Mail article shows that people’s main concern is that the women’s case will open the floodgates, and that anyone claiming to be gay will be able to obtain asylum in the UK (just so you know, my summary of the reader comments is more polite than the actual comments). I am not so sure that this concern is justified.

For one thing, the situation in Pakistan is not as bad as you might imagine for many LGBT people. The New York Times reported on this issue last year:

Homosexual acts remain illegal in Pakistan, based on laws constructed by the British during colonial rule. No civil rights legislation exists to protect gays and lesbians from discrimination.

But the reality is far more complex, more akin to “don’t ask don’t tell” than a state-sponsored witch hunt. For a long time, the state’s willful blindness has provided space enough for gays and lesbians. They socialize, organize, date and even live together as couples, though discreetly….

[W]hile the notion of homosexuality may be taboo, homosocial, and even homosexual, behavior is common enough. Pakistani society is sharply segregated on gender lines, with taboos about extramarital sex that make it almost harder to conduct a secret heterosexual romance than a homosexual one.

Now that the marriage of Rehana Kausar and Sobia Kamar is so public, they do not have the option of being discrete. Other same-sex couples might not be so visible, and therefore would be less likely to qualify for asylum (many LGBT cases have been denied by the UK because the asylum seekers cannot demonstrate visibility or cannot submit sufficient proof to demonstrate that they are gay).

Also, most same-sex couples will probably not face death threats. And if they do face threats, the threats will most likely come from family members. To win asylum under those circumstances, they would need to show that the government is unable and unwilling to protect them and that they cannot safely relocate within the country.

Finally, while this couple was the first Muslim lesbian couple to wed in the UK, there is nothing new about LGBT people seeking asylum. I have represented many such people in the U.S. and, with one exception (from Fiji), they all received asylum. If the floodgates were going to open for LGBT asylum seekers, it would have happened a long time ago. This most recent case is (unfortunately) just one of many where an LGBT individual will be harmed if she returns to her country.

While the case of Rehana Kausar and Sobia Kamar is significant because it is a “first,” I don’t see how it is significant in terms of developing the law for LGBT asylum seekers. Given what I know of the situation in Pakistan, my guess is that this couple faces a significant threat of harm or death. I hope the UK will see fit to grant their application for protection.

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3 comments

  1. May Allah Curse those who are involved in such Acts as Homosexuality..
    There are five references in the Qur’an which have been cited as referring to gay and lesbian behavior. Some obviously deal with effeminate men and “masculine women.” The two main references to homosexual behavior are:

    “We also sent Lut : He said to his people : “Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds.” Qur’an 7:80-81

    “What! Of all creatures do ye come unto the males, and leave the wives your Lord created for you? Nay, but ye are forward folk.” Qur’an 26:165

    Both references relate to gay sexual activities; lesbian practices are not mentioned in the Qur’an.

    Lut is referred to as “Lot” in the Hebrew Scriptures. This passage is an apparent reference to the activities at Sodom and Gamorah. It seems to imply that there was no homosexual behavior before it first appeared in Sodom. This is a uniquely Islamic concept; it does not appear in Jewish or Christian beliefs. The passage also links the sin of Sodom (the reason for its destruction) to homosexuality.That linkage is contradicted by other verses in the Hebrew Scriptures.

    The Hadith and homosexuality: The Hadith are collections of sayings attributed to Muhammad. Many Hadiths (ahadith) discuss liwat (sexual intercourse between males). Two examples are:

    “When a man mounts another man, the throne of God shakes.”

    “Kill the one that is doing it and also kill the one that it is being done to.” (in reference to the active and passive partners in gay sexual intercourse)

    Reply
    • Maybe you should think about directing some of your righteous anger and your “scholarship” towards Muslims that are daily killing innocent men, women, and children in places like Syria, Iraq, and Afghanistan. Some lesbians getting together in the UK seems like small potatoes compared to these tragedies.

      Reply
  2. i am pakistani and glad to knew that they get married i will pray for them to live together always and for long relation them

    Reply

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