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

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.

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Publication Details

Journal
Komparatif Jurnal Perbandingan Hukum dan Pemikiran Islam
Published
2025-06-21
DOI
https://doi.org/10.15642/komparatif.v5i1.2657
Primary Topic
Islamic Finance and Communication
Type
article
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article

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

Nur Lailatul Musyafa’ah, Nabilah Rohadatul Aisyah, Nabila Tussa’banniya, Rossana Farah Abida
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Komparatif Jurnal Perbandingan Hukum dan Pemikiran Islam
Islamic Finance and Communication
article

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

Nur Lailatul Musyafa’ah, Nabilah Rohadatul Aisyah, Nabila Tussa’banniya, Rossana Farah Abida
article en

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.

Komparatif Jurnal Perbandingan Hukum dan Pemikiran IslamVol. 5(1)
Universitas Wijaya Putra (ID), UIN Sunan Ampel Surabaya (ID), Universitas Muhammadiyah Surabaya (ID)
Openalex Percentile: Top 78%
Islamic Finance and Communication
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