Al-Manahij : Jurnal Kajian Hukum Islam
Vol. 16 No. 1 (2022)

Application of the Legal Maxim of Al-Ashl fi Al-Ibdha ‘al-Tahrim to the Phenomena of Homosexuality

Syarifudin Syarifudin (IAIN Palangka Raya)



Article Info

Publish Date
30 May 2022

Abstract

This research examines the phenomenon of homosexuality that is currently developing in the Western world and has even entered Indonesia. Many homosexual associations and organizations established in Europe and America, even in Indonesia are known as LGBT (Lesbian, Gay, Bisexual, and Transgender). Yet homosexuality is an extraordinary moral crime and a sign of moral degradation. The application of the principles of fiqh “Al-Ashl fi Al-Ibdha’ al-Tahrim” (the original law on sex is haram) in responding to the homosexual phenomenon through the approach of maqasid syari’ah, then homosexuality is haram because it destroys religion, the human soul, reason, descent, and also destroy honor. The original law of jurisprudence on the issue of sex is haram, responding to the homosexual phenomenon that is against the teachings of Islam which requires marriage to the opposite sex. Of course homosexual offenders or even more broadly, LGBT (Lesbian, Gay, Bisexual, and Transgender) are always looking for justifications and arguments that justify these acts, even on human rights grounds. Even though this is very contrary to his nature as a human being.

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Journal Info

Abbrev

almanahij

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for a scholarly and professional discourse of Islamic laws. Al-Manahij covers ...