Well this is the issue you know if you look at the way that for example homosexuality it was
legalized in private in the UK right in about 1950 late 50s first that was the Wolfenstein
committee yes which weighed up you know how we should deal with this in terms of legislation
and there were two major participants in the paper there was Devlin and there was Hart
and Hart was arguing that should remain it should remain illegal and how it was
Devlin was arguing for that and that was arguing based on invoking the harm principle
and in their eventual recommendation that it should be legalized decriminalize yeah sorry
decriminalized the they especially they explicitly invoked again invoking a philosopher they
explicitly invoked Mill's harm principle right now Devlin tried to now in the first place that
was supposed to be in private right yes in private that's really taken care of in Islam in the first
place yeah I mean in England they used to not they used to literally beat down the doors in order to
discover people so that's why it was relevant in that sense but what subsequently happened is
obviously the as you say the obligatory morality that we all are forced to say you know it has to
become our Credo you know I believe the sacred Orthodoxy of the Zeitgeist one of which is
that homosexuality and heterosexuality are formally equivalent because they are basically
just the objects of people's wills they are their own conception of the good and who are
we to say that one is superior to the other and that is the that's the ultimate consequence of
they're not being a criterion for the good right they're only being a conception of
rights yes right so we have any you know human beings have a right to privacy
and they have a right ultimately before God because our answer will God if they're just In
God's presence so no one's watching them they can do whatever they want that's the human condition
but what you don't have a right to do is to bring it into public and promote it as somehow something
equivalent to other options which are normative so you know I think that is again a fundamental
this is you know what we mean fundamentally by hierarchy that that there is a nature of
things there is an order of being and there's an objective ordering in Goods as well of goods
um so I just thought that was that's a very interesting debate the one between Devlin and
Hart because Hart obviously Hart and the and the decriminalization said ultimately wins out
I'm not saying that they shouldn't have as I said that principle in a way is already there in Islam
right to privacy but what I'm saying is it's interesting if you look at um the attempts that
were made to argue for the opposite position because of the deterioration breakdown of any
form of metaphysically rooted philosophical ethics all he could invoke was custom he said
well this is a Christian country and legislation to take should take into consideration you know
the customs of a country you know he was saying basically and you know custom has the power of
law which is an Islamic principle and so yeah it we should take into consideration
the fact that most people would disagree with this and you know that the position of
the average man in the street is relevant well the funny thing is that is to invoke complete
relativism because the position of the average man in the street today is the exact opposite
and it's also highly manipulative highly open to be manipulated by media and sold so it's not a
stable I'll change you phenomena but perhaps we need to move on as time is pressing on us.