LGBT IN THE PERSPECTIVE OF ISLAMIC LAW AND HUMAN RIGHTS

Main Article Content

Benny Djaja
Choirun Nisa

Abstract

Lesbian, Gay, Bisexual, and Transgender or abbreviated with the term “LGBT” is a contemporary phenomenon that gains lots of community attention. As already known, LGBT is contradictory with God-designed human nature. A man should only engage in a sexual relationship with one from the opposite gender. Article 1 of Law No.1 of 1974 concerning Marriage states that marriage is “a physical, soulful bond between a man and a woman as husband and wife with the purpose to build a happy and eternal family based on faith in the one Almighty God,” which implies that marriage should only take place between a man and woman. Islamic law is undoubtedly very much against LGBT behavior since it overrides the God-given nature and is not in accordance with the existing provisions in the Qur'an and Hadith. Apart from that, refusal to embrace LGBT groups is considered a violation against basic human rights with the discriminatory treatment they often receive from society. Therefore, government intervention is needed in providing clarity and solution for this problem. In addition, the society can also contribute to the effort by socializing and actualizing religious knowledge of LGBT practices.

Article Details

Section
Articles

References

Gabriellin, A. (2016). “MUI dan Ormas Islam: LGBT Haram”. Accessible at https://national.kompas.com/read/2016/02/17/14134511/MUI.dan.Ormas.Islam.LGBT.Haram

Law No.1 Year 1974 concerning Marriage.

Alusy , Ruhul Ma'ani, (2014). Volume VIII Darul Kutub al-Ilmiyah.

I Abdurrahman. Doi, (1992). Tindak Pidana Dalam Syariat Islam, First Edition, PT Rineka Cipta.

Imam Zakariyya A. An-Nawawi, (2009). Al- Majmu Syarah Al- Muhadzab Juz Ke-20 Pustaka Azzam.

Indonesian Constitution Year 1945.

Indonesian Department of Religious Affairs. (2005). Al-Qur’an dan Terjemahnya, Al-Aliyi, Diponegoro, Bandung.

Muslim, Sahih Muslim, Volume 1, (1997). Dar al Hadis.

Qayyim I, (1997). Al-Jawab Al- Kafi, Dar Al-Ma'rifah.

Riyadi E, (2018). Dasar Hukum Hak Asasi Manusia Perspektif Internasional, Regional dan Nasional, Rajawali Press.