PERKAWINAN LGBT PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

Dr. Rohmawati, M.A, 197701042009012001 and ABDULLOH CHAKIM, 197301071998031003 and LILIK ROFIQOH, 198107212011012010 (2018) PERKAWINAN LGBT PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF. ISTINBATH : Jurnal Hukum Islam, 18 (1). pp. 88-114. ISSN 1829-6505

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Abstract

Recently, marriage among lesbian, gay, bi-sex and transgender in Indonesia became a phenomenal issue discussed by the society. The effort to legalize such a marriage in Indonesia is conducted in the name of freedom of choice and the human rights that should be upheld. This has evoked pros and cons among the community. Therefore, the researchers are interested in discussing this marriage in depth, based on the perspective of Islamic and positive laws. This is a study on normative laws (doctrine) using deductive logic in analyzing primary and secondary legal materials. The results of this study are (1) in the perspective of Islamic laws, same-sex marriage among LGBT is forbidden since it violates the nature and is contrary to maqasid shari’a in the sense that it could threaten the essential needs of existence of human beings such as not preserving religion, soul, descendants, mind and honor; (2) in the perspective of positive laws in Indonesia, the state allows merely the marriage between male and female and that it should be in accordance with their religion. Meanwhile, all religions in Indonesia, including Islam, forbid same-sex marriage. Therefore, marriage among LGBT is unlawful and as a result the state does not guarantee their prosperity.

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