Islamic Legal Reasoning On Lgbt Marriage (Study Of Prophetic Law Theory)

  • Basrin Ombo
  • Gasim Yamani
  • Fatimawali Fatimawali

Abstract

The phenomenon of Lesbian, Gay, Bisexual, and Transgender has become a widely discussed issue in Indonesia with the rise of advertisements on social media intensified by this community. Propaganda for recruitment by the LGBT community has spread through various social media and has reached campuses, schools, and other public places. In the legal norms of Indonesia, this sexual deviance is refused because this nation is built in an integralist order in which every individual is a member of a family group. Formulating concessions of state life is done by respecting the positioning of a generational identity with the right to a proper place to grow and develop. That is why sexual behavior is strictly regulated in a marriage bond. Thus, concessions in the formulation of LGBT from a human rights perspective must consider prophetic legal reasoning aimed at guiding human life in achieving happiness in the world and the hereafter because prophetic law cannot be separated between the physical body (formal) and transcendental values, so prophetic legal justification sought is for the sake of justice based on the truth of God's power that is oriented towards human benefit. This research aims to learn about LGBT issues from a human rights perspective and how Islam views these issues. This type of research is literature, studying and reviewing several records related to LGBT issues from a humanitarian perspective and an Islamic legal perspective. The result of this research is that from humanity's perspective, LGBT is a deviant sexual behavior that needs to be protected in terms of health and welfare. On the contrary, in the view of religion (Islam), LGBT is a sexual deviation as a trait that is difficult for human reason to understand because this behavior is a grave sin that must be avoided. Based on the prophetic theory, every legal reasoning must be aimed at holding human life in achieving happiness in the world and the hereafter.

Published
2023-09-01