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All Journal Tahkim (Jurnal Peradaban dan Hukum Islam)
Alfin, Aidi
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN MAQASHID AL-SYARI’AH TERHADAP PERILAKU SODOMI SEBAGAI ALASAN PERCERAIAN (Studi Putusan Nomor 222/Pdt.G/2019/PA.Bgr) Alfin, Aidi; Bahar, Muchlis; Azwar, Zainal; Fathurohman, Muhammad Faozan
Tahkim (Jurnal Peradaban dan Hukum Islam) Vol 7, No 1 (2024)
Publisher : Prodi Hukum Keluarga Islam (Ahwal Asy-Syakhsiyyah) Fakultas Syariah Unisba

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/tahkim.v7i1.13274

Abstract

Islam has taught married couples to get along well (mu'asyarah bil al-ma'ruf) including sexual relations. However, there are several cases of sexual deviation, including cases of sodomy. In the Bogor religious court, there was a case of sodomy as a reason for divorce. This research aims to analyze Maqashid al-Shariah's review of sodomy behavior as a reason for divorce. This type of research is normative qualitative using the statue appoarch or statutory approach and library study data collection techniques. The results of this research show that the judge's decision in decision number 222/Pdt.G/2019/PA.Bgr which granted the petition for divorce was in accordance with the concept of maqashid al-syari'ah because it had saved the wife from harm due to deviant behavior committed by her husband and the judge. assess that domestic happiness will not be realized if the marital relationship is maintained. In addition, sodomy behavior is contrary to the concept of maqashid al-syari'ah because it threatens the existence of religion (Hifzh al-Din), soul (Hifzh an-Nafs), and offspring (Hifzh an-Nasl).
Co-Authors Azwar, Zainal Bahar, Muchlis Fathurohman, Muhammad Faozan