Sharia and Human Rights Paradigm Against the Right to Marriage and Family Building

Abstract

Marriage is the behaviour of creatures created by God Almighty so that life in the natural world develops well. Marriage not only occurs among humans, but also occurs in plants and animals. So marriage is one of the cultures that are regular and follow the development of human culture in community life. In simple societies the culture of marriage is simple, narrow and closed, in advanced (modern) societies the culture of marriage is advanced, broad and open.

It is common to find that the regulation of marriage issues in the world does not show uniformity. The differences are not only between one country and another, religion and even small groups of people can occur due to different ways of thinking because of different perspectives.

Through the literature review method, this paper aims to find out the paradigm of Sharia and human rights towards the right to marriage and family formation.

The essence of marriage is not just a formal bond, but also means worship, because it fulfils the demands of human nature in family life, in addition to preserving the survival of human children, it also ensures social stability and a dignified existence for men and women.

Human rights limits that marriage must be in accordance with laws and regulations or the local wisdom of the community.