Assessing the Legality of Heterosexual Marriage Among LGBT Individuals: An Analysis from the Perspective of Maqasid al-Shariah

This study examines the phenomenon of heterosexual marriage among LGBT (lesbian, gay, bisexual, and transgender) individuals through the lens of Maqāṣid al-Sharīʿah, the higher objectives of Islamic law. Increasingly, LGBT individuals are entering such marriages to conform to societal or familial expectations or to conceal their sexual orientation. This raises critical legal, ethical, and theological concerns, particularly regarding the preservation of lineage (ḥifẓ al-nasl), dignity (ḥifẓ al-ʿirḍ), and societal welfare (ḥifẓ al-maslaḥah). The study uses a qualitative methodology to analyse primary Islamic sources, Qur’an, Hadith, classical and contemporary juristic views, official fatwas, and health and social data. The findings indicate that Islamic law permits heterosexual marriage for individuals with same-sex inclinations only if they have not acted upon them and intend sincerely to uphold marital responsibilities. For those who have committed homosexual acts, sincere repentance is a prerequisite. Post-marriage, unrepentant LGBT behaviour renders the union ethically flawed, giving the non-offending spouse the right to seek annulment (fasakh). The study also highlights emotional harm, deception, and increased HIV risk as consequences of such marriages, particularly when entered under false pretences. These realities undermine the intended spiritual and social purposes of Islamic marriage. In conclusion, the study asserts that heterosexual marriage among LGBT individuals is only valid in alignment with Maqāṣid al-Sharīʿah when entered with honesty, repentance, and genuine commitment. It calls for legal education, premarital screening, and policies grounded in Islamic objectives to address this evolving issue with compassion and clarity.