The Problem of Same-Sex Marriage from the Perspectives of Positive Law and Islamic Law

Abstract

Marriage is a marriage according to Islamic law, which is a very strong contract or mistaqon gholidzhon to obey the commands of Allah SAW and worship. For followers of Islam the marriage can be said to be valid if they are eligible and harmonious marriage under Islamic law. One of the conditions a legal marriage is performed by a man and a woman. In Islam the same-sex marriage would not be allowed, but there are some people who want to do it, and some are of the opinion that same-sex marriage are Human Rights. In this paper the author will discuss about the factors that cause the same-sex marriage and same-sex marriage in terms of the perspective of Positive Law and Islamic Law. The method used is normative, i.e. by trying to assess and examine the data relating to the issue of same-sex marriage. Data collection techniques from the research done by studies document that is studying the documents contained in the materials primary law and secondary law, as well as conducting interviews with sources related to the matter. Same-sex marriage is not legal according to Islamic Law and Act 1 of 1974 About the marriage. Because contrary to the terms of the validity of the marriage