scholarly journals PERKAWINAN SEJENIS DALAM KONSTRUKSI TEORI MASHLAHAH

2019 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Fajar Wajdu
Keyword(s):  
Islamic Law ◽  
Deviant Behavior ◽  
Negative Impact ◽  
Community Life ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Earth ◽  
Opposite Sex ◽  
Legal Position ◽  
The Individual

AbstractThis study uses the Mashlahah approach in explaining the similar legal position of marriage. Based on the consideration of the maslahah by paying attention to the objectives of Islamic law, which is to withdraw maslahah and reject mudharat, similar marriage is in fact contrary to the purpose of the fourth Islamic law, namely raising offspring. Therefore, Islam strictly prohibits marriage not only because it is against the Shari'a, but also contrary to the nature of humans who tend to live in pairs, precisely tend to the opposite sex.Similar marriage or similar sex (homosexual) is a deviant behavior that is very cruel and transcending, which is beyond the limits of the divine will of human nature. Then similar marriage is forbidden in Islam because it not only has a negative impact on the individual, but also ruining community life. Because the reluctance of marriage to the opposite sex is just the same as destroying the survival of humans on the earth, because it has become a sunnatullah that it is impossible to create a generation of humans from same-sex marriage. So the logic of marriage in Islam is with the opposite sex (heterosexual) and not the same sex marriage (homosexual) that justifies liwat.Keywords: Similar Marriage; Sexuality; Maslahah.

scholarly journals PERKAWINAN SEJENIS DALAM KONSTRUKSI TEORI MASHLAHAH

2019 ◽  
Vol 1 (1) ◽  
pp. 1-22
Author(s):  
Fajar Wajdu
Keyword(s):  
Islamic Law ◽  
Deviant Behavior ◽  
Negative Impact ◽  
Community Life ◽  
Same Sex ◽  
Same Sex Marriage ◽  
The Earth ◽  
Opposite Sex ◽  
Legal Position ◽  
The Individual

AbstractThis study uses the Mashlahah approach in explaining the similar legal position of marriage. Based on the consideration of the maslahah by paying attention to the objectives of Islamic law, which is to withdraw maslahah and reject mudharat, similar marriage is in fact contrary to the purpose of the fourth Islamic law, namely raising offspring. Therefore, Islam strictly prohibits marriage not only because it is against the Shari'a, but also contrary to the nature of humans who tend to live in pairs, precisely tend to the opposite sex.Similar marriage or similar sex (homosexual) is a deviant behavior that is very cruel and transcending, which is beyond the limits of the divine will of human nature. Then similar marriage is forbidden in Islam because it not only has a negative impact on the individual, but also ruining community life. Because the reluctance of marriage to the opposite sex is just the same as destroying the survival of humans on the earth, because it has become a sunnatullah that it is impossible to create a generation of humans from same-sex marriage. So the logic of marriage in Islam is with the opposite sex (heterosexual) and not the same sex marriage (homosexual) that justifies liwat.Keywords: Similar Marriage; Sexuality; Maslahah.

Marriage: Obligations, Benefits, and Access

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Special Obligations ◽  
The Future ◽  
Opposite Sex ◽  
The Many

This chapter examines the many “legal incidents” of marriage: the specific benefits, responsibilities, obligations, and protections that are associated with marriage by law. While critics focus on the special privileges or benefits that spouses acquire in marriage, those are balanced by special obligations. The chapter suggests that the whole package seems reasonably appropriate for both opposite-sex and same-sex couples. It also considers the ways in which marriage seems to promote the good of spouses, children, and society, along with the class divide that now characterizes marriage and parenting. It argues that this class divide, not same-sex marriage, is the great challenge for the future.

2. The Formation and Recognition of Adult Relationships:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Forced Marriage ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
Questions And Answers ◽  
Opposite Sex ◽  
The Difference ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.

scholarly journals Kajian Teologis Terhadap Lesbian di Lembang Perindingan

2021 ◽  
Author(s):  
Henri Sirangki
Keyword(s):  
Human Nature ◽  
Same Sex ◽  
Male And Female ◽  
The Bible ◽  
The Earth ◽  
The Status ◽  
Opposite Sex ◽  
In The Beginning

God created man in His image and likeness. This means that humans have a resemblance to their creator. When God created man the Bible clearly says that in the beginning God only created man, male and female. Then God made man as his mandate on earth in order to develop and conquer the earth. However, recently there has been an issue about LGBT, especially lesbians, who are pro and contra in the community. For some people there are those who accept the lesbian behavior and there are also those who reject the behavior. Such behavior is not only carried out by non-Christian people but such behavior has also been carried out by those who have held the status of believers in God, even though the Bible clearly opposes such behavior because it is contrary to God's purpose and purpose in creating humans as male and female. female. On that basis it can be said that those who become lesbian perpetrators are not only against their human nature but also against God's decree. Humans can only fulfill God's purpose of creating them in being mandatory over the whole creation if humans have contact with the opposite sex instead of the same sex.

Perkawinan Sebagai HAM

2021 ◽  
Vol 11 (2) ◽  
pp. 25-33
Author(s):  
Musyaffa Amin Ash Shabah
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Descriptive Analysis ◽  
Analysis Data ◽  
The State ◽  
Same Sex ◽  
Interfaith Marriage ◽  
Same Sex Marriage ◽  
The Government ◽  
The One

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.

1. The formation of adult relationships

2020 ◽  
pp. 3-74
Author(s):  
Stephen Gilmore ◽  
Lisa Glennon
Keyword(s):  
Gay And Lesbian ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
The Road ◽  
Civil Partnership ◽  
Opposite Sex ◽  
The Law ◽  
Legal Consequences

This chapter examines the law surrounding the formation of the formal relationships of marriage and civil partnership, including the law on nullity. It also explores, by way of contrast, non-formal cohabiting relationships. Topics discussed include void and voidable marriages, sham marriages, forced marriages; the development of gay and lesbian rights; the road to same-sex marriage and the extension of civil partnership to opposite-sex couples; and the legal consequences of marriage.

Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage

2018 ◽  
Vol 43 (3) ◽  
pp. 225-228
Author(s):  
Brendan Gogarty ◽  
Anja Hilkemeijer ◽  
Daniel Westbury
Keyword(s):  
Religious Freedom ◽  
Conscientious Objection ◽  
Public Debate ◽  
Same Sex ◽  
Marriage Law ◽  
Same Sex Marriage ◽  
Legal Position

In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.

10. Civil Partnership Act 2004

Family Law ◽  
2020 ◽  
pp. 92-94
Author(s):  
Roiya Hodgson
Keyword(s):  
Third Parties ◽  
The State ◽  
Legal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Partnership ◽  
Opposite Sex

This chapter discusses the scope of the Civil Partnership Act 2004 (CPA 2004) which came into force on 5 December 2005 and the formation of civil partnerships. It outlines civil partnership and same-sex marriage under The Marriage (Same-Sex Couples) Act 2013. It also explains the differences between civil partnership and marriage. Once a partnership has been formed, civil partners assume many legal rights and responsibilities for each other, third parties, and the State. It does explain that adultery, however, is not a fact to establish the ground for dissolution of a civil partnership as it is in marriage. The Civil Partnership (Opposite-sex Couples) Regulations 2019 are also outlined.

Heterosexual Aversion in Homosexual Males A Second Experiment

1974 ◽  
Vol 125 (585) ◽  
pp. 177-180 ◽  
Author(s):  
Kurt Freund ◽  
Ron Langevin ◽  
Yaroslaw Zajac
Keyword(s):  
Sexual Relationship ◽  
Substantial Part ◽  
Male Homosexuality ◽  
Same Sex ◽  
Opposite Sex ◽  
The Individual

A substantial part of Freud's (1925, orig. 1905; 1926, orig. 1922) theorizing on the causes of male homosexuality was the assumption of a fear of the female genitals, and according to Radó (1969) “fear of the genitals of the opposite sex is the basic dynamic of the individual who wants a sexual relationship with a member of the same sex”. Radó's stress on the phobic component in the causation of male homosexuality is shared by many theorists and practising clinicians.

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