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Mohamed El-Moctar El-Shinqiti, a contemporary Mauritanian scholar, has argued that "[even though] homosexuality is a grievous sin...[a] no legal punishment is stated in the Qur'an for homosexuality...[b] it is not reported that Prophet Muhammad has punished somebody for committing homosexuality...[c] there is no authentic hadith reported from the Prophet prescribing a punishment for the homosexuals..." Hadith scholars such as Al-Bukhari, Yahya ibn Ma'in, Al-Nasa'i, Ibn Hazm, Al-Tirmidhi, and others have impugned these statements.Faisal Kutty, a professor of Islamic law at Indiana-based Valparaiso University Law School and Toronto-based Osgoode Hall Law School, commented on the contemporary same-sex marriage debate in a March 27, 2014 essay in the Huffington Post.

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“Medieval jurists were unable to achieve a consensus. There is no specific punishment prescribed, however, and this is usually left to the discretion of the local authorities on Islam.Nevertheless, homoerotic themes were present in poetry and other literature written by some Muslims from the medieval period onwards and sometimes homoeroticism in the form of pederasty was seen in a positive way.Extreme prejudice remains, both socially and legally, in much of the Islamic world against people who engage in homosexual acts.The issue of homosexuality comes more from a standpoint of legal sexual rights.

Comparisons have been made between the imperative nature of the secrecy of homosexual acts and the secrecy of women in many Islamic societies.He claimed that this may not be "what the LGBTQ community wants to hear", but that, "it reveals that even classical Islamic jurists struggled with this issue and had a more sophisticated attitude than many contemporary Muslims".

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