LGBT marriage from the perspective of Jasser Auda's Systems Theory

Bachri, Syabbul ORCID: https://orcid.org/0000-0002-1687-2087 and Erwin, Erwin (2024) LGBT marriage from the perspective of Jasser Auda's Systems Theory. Presented at The 7th International Conference on Law, Technology, Spirituality and Society (ICOLESS), 21-22 May 2024, UIN Maulana Malik Ibrahim Malang.

Text 20879.pdf Download (464kB)

Abstract

LGBT (Lesbian, Gay, Bisexual, Transgender) marriage is one of the highly controversial topics worldwide. This issue has led to three different stances among countries, namely those that support, oppose, and remain neutral (without specific governing laws). This research aims to discuss the analysis of LGBT marriage from the perspective of Jasser Auda's System Theory. The goal is to understand the legality of LGBT marriage in Indonesia and how LGBT marriage is viewed from the standpoint of Jasser Auda's system theory. This study falls under the category of normative juridical research, considering law as what is written in legislation. The approach used is a descriptive-analytical approach, where the researcher attempts to analyze legal issues using Jasser Auda's system theory. The research findings indicate that LGBT marriage cannot be legalized in Indonesia based on the system theory. Through the analysis of six system features: first, Cognitive Nature, it is found that LGBT marriage is considered forbidden as it goes against the natural order, human instincts, and is deemed an act of Satan. In terms of Wholeness, it is also forbidden due to its immorality, exceeding boundaries, and bringing punishment. Concerning Openness, LGBT marriage is considered harmful to religion, society, health, and various other fields. Furthermore, in terms of Interrelated Hierarchy, LGBT marriage is deemed inconsistent with maqashid al-ammah, khassah, and juz'iyyah, as well as the social nature of humans, conflicting with established norms.

Item Type:	Conference (Paper)
Keywords:	Marriage; LGBT; System Theory; Jasser Auda
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Syabbul Bachri
Date Deposited:	28 Oct 2024 12:01

Downloads

Origin of downloads

Actions (login required)

View Item