scholarly journals Kerapuhan Keutuhan Keluarga Perempuan Bersama Suami Biseksual (Analisis Putusan Pengadilan Agama Nomor 0783/Pdt.G/2017/PA.Pdg dan Nomor 0266/Pdt.G/2018/PA.Pdg)

2020 ◽  
Vol 4 (1) ◽  
pp. 95
Author(s):  
Salma Salma ◽  
Fadly Yunandri ◽  
Yecki Bus

<em>This study was based on the existence of wive's divorce after knowing their husband have same-sex sexual orientation. Husband's behavior as homosexual had triggered conflict in their marriage. This normative legal study was carried out by analysing of the decision of Padang Religious Court Number 0783/Pdt.G/2017/PA.Pdg and Number 0266/Pdt.G/2018/PA.Pdg as well as other secondary legal materials such as laws and regulations, Jurisprudence and other related books. The results showed that the husband's homosexual behavior was unknown to the wife since before marriage but they found it after a long time living the marriage life. Wives found their husbands having sexual relations or the husband himself confessed his actions. Based on the legislation, the wife as a disadvantaged person might file for divorce on the grounds that the husband behaves homosexually even though the regulation could only justify by mentioning a constant dispute. In addition, it was impossible for a marriage to be built and be able to achieve its goals when the husband was not only homosexual but also bisexual. Homosexuality itself in Islamic law was part of a heinous act which was severely punished by the culprit.</em>

1992 ◽  
Vol 160 (3) ◽  
pp. 407-409 ◽  
Author(s):  
Michael King ◽  
Elizabeth McDonald

Forty-six homosexual men and women who were twins took part in a study of their sexuality and that of their co-twin. Discordance for sexual orientation in the monozygotic pairs confirmed that genetic factors are insufficient explanation of the development of sexual orientation. There was a high level of shared knowledge of sexual orientation between members of twin pairs, and a relatively high likelihood of sexual relations occurring with same sex co-twins at some time, particularly in monozygotic pairs. The implications of these results for the study of the origins of sexual orientation and for twin research are discussed.


2016 ◽  
Vol 10 (1) ◽  
pp. 198
Author(s):  
Abu Dzarrin Al-Hamidy

<p>This article deals with the issue of homosexuality from the perspective of human rights international law and Islamic law, particularly in the view of Mashood Baderin. The result of understanding towards human rights international law as well as towards Islamic law as the blessings for the universe places human beings in the most respected position. However, there emerge the phenomenon of non-mainstream sexual orientation, such as lesbian, gay, bisexual and transgender (LGBT). In the perspective of Mashood Baderin, who portrays human rights international law and Islamic law on the principles of equality and justice, these LGBTs have their rights, as they are also human beings that should be respected due to their human dignity. It is inhumane to discriminate and condemn them. They should receive proportional treatment from the state so that their civil rights are guaranteed. However, with regard to their sexual orientation Islamic law prohibits the same sex marriage or other forbidden sexual relations</p>


2016 ◽  
Vol 8 (1) ◽  
pp. 87
Author(s):  
Muhammad Arif Zuhri

One of cases in islamic law today is same-sex marriage. The case sparked a controversy in muslim society. On theone hand, the case can be seen as an integral part of a person’s rights to meet the biological needs, but on the otherhand is seen as a violation of religious norms and moral principles. Those who have a sexual orientation towardsthe same gender (homosexual), which was also approved this orientation, continue to get same-sex marriagelegalization because a sense of love towards the same sex due to biological and psychological factors is viewed aspart of human rights. This paper attempts to examine same-sex marriage from the point of view of Islamic studies.[Salah satu kasus dalam hukum Islam saat ini adalah perkawinan sesama jenis. Kasus ini memicukontroversi. Di satu sisi, kasus tersebut dapat dipandang sebagai bagian tidak terpisahkan dari hakhakasasi seseorang untuk memenuhi kebutuhan biologisnya, tetapi di sisi lain dipandang sebagaipelanggaran norma keagamaan dan moral yang prinsip. Mereka yang memiliki orientasi seksualterhadap gender yang sama (homoseksual), juga yang menyetujui orientasi ini, terus berupaya untukmendapatkan pelegalan perkawinan sejenis karena rasa suka terhadap sesama jenis yang disebabkanfaktor biologis dan psikologis dipandang sebagai bagian dari hak-hak asasi manusia (HAM). Tulisanini mencoba untuk menelaah perkawinan sesama jenis dari sudut pandang kajian Islam].


Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.


Author(s):  
Gang Wang ◽  
David S. Steffensen ◽  
Pamela L. Perrewé ◽  
Gerald R. Ferris ◽  
Samantha L. Jordan

2021 ◽  
Vol 36 (1) ◽  
pp. 105-129
Author(s):  
Damaris Seleina Parsitau

AbstractIn Kenya, debates about sexual orientation have assumed center stage at several points in recent years, but particularly before and after the promulgation of the Constitution of Kenya in 2010. These debates have been fueled by religious clergy and by politicians who want to align themselves with religious organizations for respectability and legitimation, particularly by seeking to influence the nation's legal norms around sexuality. I argue that through their responses and attempts to influence legal norms, the religious and political leaders are not only responsible for the nonacceptance of same-sex relationships in Africa, but have also ensured that sexuality and embodiment have become a cultural and religious battleground. These same clergy and politicians seek to frame homosexuality as un-African, unacceptable, a threat to African moral and cultural sensibilities and sensitivities, and an affront to African moral and family values. Consequently, the perception is that homosexuals do not belong in Africa—that they cannot be entertained, accommodated, tolerated, or even understood. Ultimately, I argue that the politicization and religionization of same-sex relationships in Kenya, as elsewhere in Africa, has masked human rights debates and stifled serious academic and pragmatic engagements with important issues around sexual difference and sexual orientation while fueling negative attitudes toward people with different sexual orientations.


2002 ◽  
Vol 30 (3) ◽  
pp. 209-227 ◽  
Author(s):  
Mark A. Yarhouse ◽  
Lori A. Burkett ◽  
Elizabeth M. Kreeft

Paraprofessional Christian ministries for sexual behavior and same-sex identity concerns have grown significantly in recent years. Some ministries are affiliated with organizations that have specific standards for affiliation; others are independent. Some emphasize change of sexual orientation; others promote change of behavior and chastity. Some ministries provide services exclusively to homosexuals; others provide resources to homosexuals and heterosexuals alike. This paper reviews similarities and differences among paraprofessional Christian ministries for persons struggling with sexual behaviors and same-sex identity concerns. Similarities and differences are related to (a) mission/vision, (b) view of etiology, (c) method of intervention, (d) format, and (e) definition of success. Christian ministries include Exodus International-affiliated ministries, independent Christian ministries, Homosexuals Anonymous, and Courage. Impressions from the review of the various Christian ministries are also offered, including recommendations for making appropriate referrals.


2011 ◽  
Vol 17 (1, 2 & 3) ◽  
pp. 2008
Author(s):  
Carl F. Stychin

Over the past decade of Labour government in the United Kingdom (U.K.), the regulation of sexual orientation through law has frequently been explained by its supporters through a nar- rative of progress and even emancipation. The most recent junction in this journey came in 2007, with the coming into force of the Equality Act (Sexual Orientation) Regulations on 30 April 2007.1 These Regulations contain measures pro- hibiting discrimination on grounds of sexual orientation in the provision of goods, facilities and services, education, the use and disposal of premises, and the exercise of public functions.


Pólemos ◽  
2018 ◽  
Vol 12 (2) ◽  
pp. 271-295
Author(s):  
David Austin ◽  
Mark E. Wojcik

Abstract This article considers the status of same-sex couples whose lawful marriage in one jurisdiction may not be recognized in another, or who may face discrimination and criminal penalties for their sexual orientation. The article surveys positive developments that promote equality for sexual minorities rather than their punishment. The degree of positive change varies across countries. While traveling across borders, sexual minorities are often subjected to strange dislocations in time and space: they can accelerate through centuries of struggle to find freedom in foreign lands, or they can be hurled back into the darkness of the closet or, worse, detained in a prison cell. The article also focuses on some of the positive developments – legal and otherwise – that have led to the growth of a gay tourist industry; some of the problems that gay travelers may potentially encounter when crossing into countries where the legal rights of sexual minorities are not safeguarded; and some potential “solutions” that will allow gay travelers to engage in cross-border travel without feeling that they are being forced back into the limiting borders of the closet’s confines.


2020 ◽  
Author(s):  
Daiki Hiramori ◽  
Saori Kamano

As a growing amount of research examines the impact of sexuality on various demographic outcomes, it becomes important to understand the complex intersections of sexual orientation identity, sexual/romantic attraction, and sexual behavior. However, most previous studies use data from Western countries that have particular histories of sexuality, limiting the generalizability of the findings beyond Western societies. We describe dimensions of sexuality in Japan, where there has not been any religious authority condemning same-sex behavior and any law prohibiting same-sex relations except for a decade in the late 19th century. We use data from the “Survey on Diversity of Work and Life, and Coexistence among the Residents of Osaka City,” the first population-based survey with detailed questions about multiple aspects of sexuality in Japan, to conduct descriptive analysis. More women identify as bisexual or asexual than lesbian. Among the respondents who selected “Don’t want to decide, haven’t decided”—a category originally created for queer/questioning respondents—as their sexual orientation, the proportion of those who indicated exclusive heterosexuality is higher than expected, raising the possibility that some heterosexual respondents with no heterosexual identity may have mistakenly chosen this category. The data suggest that the population of heterosexual-identified men who have sex with men is small. The prevalence of the asexual population differs by whether sexual orientation identity or sexual/romantic attraction is used to capture this population. Our analysis extends the demography of sexuality by examining unique non-Western data and putting in context the previous findings observed in Western countries.


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