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ISLAMIC LAW PERSPECTIVE ON LGBT BEHAVIOR (LESBIAN, GAY, BISEXUAL AND TRANSGENDER) H. M Umar
International Journal of Southeast Asia Vol 2 No 2 (2021): International Journal of Southeast Asia
Publisher : Yayasan Literasi Kita Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47783/journijsa.v2i2.302

Abstract

This paper is entitled Perspective of Islamic Law on LGBT Behavior (Lesbian, Gay, Bisexual, and Transgender) which explains that as khal?fah, humans must submit, obey, obey, and serve Allah-not to others-in a broad sense based on the provisions which is stated in shar?'ah. For the convenience of carrying out this great mandate, Allah has equipped with super complete facilities starting from the mind, heart, five senses, sent by the prophet and given the book of the Qur'an as the main guide, although not a few people are still lost. As humans who have external dimensions, humans are given the freedom to enjoy their needs while in the world, including the need to eat, drink, and their biological needs (sexuality). The fulfillment of these needs must be in line with the demands of religion, it should not be as human. That means that human life, both in the spiritual dimension and in the worldly dimension, all of his actions are very tied to the provisions of Allah in this case is shar?'ah.
The Legitimacy of The Marriage of Husband and Wife Who Are Converts to Islam and the Implications for Their Descendants H. M Umar
International Journal of Southeast Asia Vol 3 No 1 (2021): International Journal of Southeast Asia
Publisher : Yayasan Literasi Kita Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47783/journijsa.v3i1.327

Abstract

Marriage in Indonesia has been regulated in laws and regulations that apply to all Indonesian people, namely the Marriage Law Number 1 of 1974.[1] In this Law as stated in Article 2 which reads that marriage is only valid, if it is carried out according to each religion and belief, then each marriage is recorded based on the applicable laws and regulations. The Jambi Religious Court as the executor of judicial power in the Jambi Religious High Court area has received 2 (two)cases isbat/ marriage ratifications for non-Muslim husbands and wives to become converts to get legal certainty from marriage before embracing Islam, namely the case with Number 14/Pdt.P /2017/PA Jmb on 01 February 2017 and the case with Number 64/Pdt.P/2019/PA Jmb on 09 August 2019. The reason for converting husbands and wives to submit isbat/ marriage ratification is because marriage before embracing Islam does not have a certificate marriage from the Civil Registry Office. So that the husband and wife of the converts filed a case isbat/ marriage ratification to the Jambi Religious Court to ask for the validity of their marriage. The Jambi Religious Court judge who tried the case, in his decision, granted the request and declared the marriage of a husband and wife to be converts to Islam without advocating remarriage. Even though the marital status of a non-Muslim husband and wife when they converted to Islam, the scholars were still debating until they were divided into two groups.