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All Journal Medina-Te : Jurnal Studi Islam Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Tussa’banniya, Nabila
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Fatwa on the Marriage of a Person Who Has a Deviation of Sexual Orientation in Islamweb.net from the Perspective of Maqāṣid al-Sharī'ah Aisyah, Nabilah Rohadatul; Tussa’banniya, Nabila; Abida, Rossana Farah; Musyafa’ah, Nur Lailatul
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 5 No. 1 (2025): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v5i1.2657

Abstract

Nowadays, more and more people have a deviant sexual orientation. The laws of their marriage, both same-sex and of different sexes, have caused legal debate among clerics, including on websites. This study aims to examine the fatwa of islamweb.net scholars on marriage for someone who has a deviant sexual orientation. This research is a normative legal research with a conceptual approach. Primary data is collected through the fatwa of islamweb.net clerics, while secondary data comes from books and scientific articles. The collected data was analyzed descriptively with the theory of Maqāṣid al-sharī'ah. The results of the study show that islamweb.net clerics view homosexuality as a form of deviance that needs to be cured through spiritual and medical approaches, with heterosexual marriage as "sharia therapy". This marriage is recommended if there are no biological disorders that hinder the relationship between husband and wife. This fatwa reflects the purpose of the shari'a in preserving religion (ḥifẓ al-dīn), honor (ḥifẓ al-'ird), and heredity (ḥifẓ al-nasl), but on the other hand, it has social implications for the LGBT community, which is still positioned as a deviant group. A more inclusive and equitable approach to maqāṣid is needed to bridge the gap between religious norms and human rights principles.
Toron Tana Tradition In Bangkalan: Between The Priyayi And The Common People Tussa’banniya, Nabila; Has Wildan, Adam; Br Siregar, Wahidah Zein
Medina-te : Jurnal Studi Islam Vol 21 No 2 (2025): Medina-Te: Jurnal Studi Islam
Publisher : Pascasarjana Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/medinate.v21i1.28542

Abstract

This study aims to examine the symbolic meaning and differences in the implementation of the Toron Tana tradition in Madurese society, especially in Bangkalan, by highlighting the differences between the priyayi and ordinary people. The scope of the study includes the symbolic aspects of rituals, the social structure of the tradition actors, and the function of tradition in maintaining the identity and social cohesion of the community. The method used in this study is a qualitative method with a descriptive approach. Data were obtained through interviews with local people, as well as literature studies of relevant references. Data analysis used Émile Durkheim's structural functionalism perspective to understand the social function of the Toron Tana tradition in the context of Madurese society. The results of the study show that although there are differences in the form and excitement of the implementation between the priyayi and ordinary people, the core meaning of the tradition is maintained. This tradition functions as a medium for transmitting cultural and spiritual values, strengthening social solidarity, and reproducing social structures continuously. The conclusion of this study confirms that the Toron Tana tradition is not only a cultural heritage, but also an important instrument in maintaining social integration and the collective identity of the Madurese community amidst the dynamics of changing times.
Co-Authors Abida, Rossana Farah Aisyah, Nabilah Rohadatul Has Wildan, Adam Musyafa’ah, Nur Lailatul Wahidah Zein Br. Siregar