Religious intolerance LGBTQ+ Rights and the South African Constitution: The impact of Imam Hendricks' Murder
The gunning down of openly gay Imam Muhsin Hendricks has united religions in their condemnation of the attack, stressing that it is against religious beliefs and the country’s constitution.
Reverend Moss Nthla, General Secretary of the Evangelical Alliance of South Africa (TEASA), said the murder of Hendricks is an outrage in the Christian tradition.
"It is a tyrannical society that executes people simply because they hold different views and beliefs." He emphasised that South Africa, as a democracy, respects human rights and that such intolerance leading to the Imam's murder must be condemned.
Hendricks was shot and killed in Gqeberha in the Eastern Cape over Valentine's weekend.
At first it was reported that the 57-year-old had gone down to the community of Bethelsdorp to perform a same-sex marriage but later reports suggested he officiated a hetrosexual, interreligious marriage between a Muslim woman and Christian man.
Secretary General of the United Ulama Council of South Africa (UUCSA), Moulana Yusuf Patel urged caution against hasty conclusions without solid evidence.
He highlighted the danger of speculating and vilifying innocent individuals.
He stressed that the Muslim community was unfairly thrust into the spotlight following Hendricks’ murder, despite the absence of any evidence linking the crime to Muslims or their faith.
On the matter of LGBTQ+ rights, Patel acknowledged that Islam, like many religions, does not condone same-sex relationships.
“Islam does not condone these practices, as reflected in its sacred texts... texts that are not open to reform or revision,” he explained.
However, Patel emphasised the importance of separating religious beliefs from acts of violence.
He stressed that while Islam may have clear teachings on same-sex unions, it is crucial to distinguish between holding a belief and resorting to violence or aggression against those who do not share that belief.
“The freedom to live according to one's sexual orientation is a right guaranteed by the South African Constitution, just as religious freedom is,” Patel said.
He also called on Muslim leaders to approach these sensitive issues with wisdom, compassion, and respect.
“Muslim leaders are tasked with educating their communities... with wisdom, compassion, and patience, in line with the Quranic injunction: ‘Invite (people) to the way of your Lord with wisdom and good counsel,’”
This perspective, he argued, should be the foundation of any dialogue between faith communities and those with differing views.
Sheikh Mohamed West, speaking on behalf of the Muslim Judicial Council (MJC), said while Islamic teachings on issues like LGBTQ+ relationships are clear and forbidding same-sex relationships, the focus should remain on peaceful coexistence within a diverse society.
“We understand that we live in a society which is, and we are a minority in that society, that we have our morality, and we coexist with our fellow countrymen who have a different morality,” Sheikh Mohamed said.
He stressed that despite differing views on religion and morality, peaceful coexistence is possible without resorting to violence or abuse.
“We don’t compromise on our morality, obviously. We want to practice our faith correctly. And at the same time, we don’t, you know, abuse or cause violence to those who are different,”
He however stated that while South Africa is a Constitutional State, many people still don't fully understand what the Constitution means.
“The Constitution remains for many an obscure document belonging in the toolkit of the legally competent," and stressed that "more public education is needed" to make the principles of the Constitution more accessible and understood by the general public.
Regarding LGBTQ+ individuals and faith traditions based on sacred texts that oppose LGBTQ+ practices
Nthla explained: “ To push them to embrace what they view as false propositions is to require them to disagree with their God.
“Christian history is full of people who would much rather die than tell God that they beg to differ with him."
He further added that as Christians, they do have room to improve how they treat those who disagree with them.
"They do however, have room to manoeuvre in how they treat people who strongly disagree with them.
“In fact, in the Christian tradition, they are to love all people, even those who strongly hold different views.”
Community leader, Imraahn Mukaddam acknowledges that he is not an expert in Islamic Jurisprudence, but highlighted the importance of respecting the democratic freedoms fought for in South Africa, including the right to openly express one's sexual orientation, which is enshrined in the Constitution.
"What is important is that we respect and uphold these rights which we strove for."
He stressed that all faith-based communities cannot impose their beliefs on others that are at odds with the values and culture of our Constitution.
"I am not arguing for condonation, I am expressing an opinion that respects the human rights of others whether I agree with their choices or not.
“if our Constitution guarantees the right to life, who are we to justify the taking of a life in the name of a dogmatic interpretation of sacred scriptures?"
South African Human Rights Commissioner and ordained minister Reverend Chris Nissen called the murder of Hendricks a sheer criminality that has nothing to do with religion or the constitution.
“We have a constitution that is a secular constitution, that does not favor any religion, but a constitution that stands for the individual and collective rights of our people. In that sense, we should respect the sovereign constitution.
“We cannot use your religion to infringe on the constitution. The constitution of this country is supreme. So whatever religious nature you have, you can't impose it against this constitution.”
He said what happened to the Imam must be condemned.
“There are no words harsher but to say condemn and no religion in this country, doesn't matter which side of religious front you come from, can oppose the constitution of the Republic of South Africa. Our constitution guarantees religious freedom. What does religious freedom mean? It means that, you know, you have to respect other people's feelings and views and comments.”
tracy-lynn.ruiters@inl.co.za