conflict and its impact which is considered as demerit to the Indonesian nation.
Therefore, it can be said that interreligious marriage, aside from being a religious issue, can also be a political one. As a religious issue,
on an individual level it can be overcome through faith. While as a political issue, it can be resolved through legislation which could
disregard differing faith as an obstacle to marriage. Presently, such legislation is unable to be carried out in Indonesia. This is why people
who believe that interreligious marriage is allowed in their religion can carry out interreligious marriage by listing their marriage in the Public
Records Office. If the office requires recommendation from an institution or organization, in which case well-established religious
institutions or organizations most likely do not intend to give one, then institutions or organizations active in interreligious harmony should
provide one and its authority be accepted to issue a recommendation. This policy could be accepted ethically as it guarantees citizen’s right to
have a family and descendants.
4.5 Same Sex Marriage
The view on same sex marriage, man with man and woman with woman, is connected to the view on the right sexual orientation. In Islam
orthodoxy there is a standard view proposed by all ulema. The view of same sex marriage is considered in opposition to the belief that human
nature is created in pairs 51:49; 35:11, as mentioned in previous passages. A pair consists of man and woman 53:54. In connection to
sexual orientation, the standard view beliefs that among human potentials afforded by God to mankind in its creation is sexual potential,
that is the power to engage in sexual relation, including sexual desires. Al-Qur’an names sexual desire syahwah which root meaning is the souls
interest in what it desires ar-Raghib al-Asfahani, t.t.:277. In the story of Sodom and Gomorra, it is revealed inna kum la ta’tunar rijal
preference to women al-A’raf, 7:81. Because sexual desire was given upon human creation, then it is
believed that it is something natural and instinctive to human. Instinct in al-Qur’an is called wahyu, as a mother’s instinct to nurse her new born
child al-Qashash, 28:7. Consequently, as instinct can direct man’s life and behaviour, Abduh calls it hidayah. He states that to undergo life,
man is given four guidance: instinct alhidayah al-fitriah, senses hidayah al-hawass, mind hidayah al-‘aql, and religion hidayah ad-
din Ridha, 1975:I, 62:63. As an instinct, sexual desire undoubtedly drives its bearer to possess sexual behaviour and orientation. There are
two sexual behaviours and orientations mentioned in al-Qur’an. Firstly, heterosexuality. This orientation is mentioned in Ali Imran,
3:14 which states zuyyina lin nasi hubbus syahawati minan nisa… Fair in the eyes of men is the love of things they covet: women….
Secondly, homosexuality as mentioned in the story of the prophet Lot in the previous passage.
Heterosexuality in that verse is stated as something deemed fair and good by man. It cannot be known through this statement alone whether
al-Qur’an views this sexual orientation as good or bad, since the wording “deemed fair” does not show the view of the holy book, but
shows the views of people. However, if the wording is understood based on its usage in other verses, such as zuyyina lil kafirina ma kanu
ya’malun al-An’am, 6:122 and zuyyina lahum su’u a’malihim at- Taubah, 9:37, then it can be understood that heterosexuality is bad.
Meanwhile, homosexuality in al-Qur’an is boldly stated as fahisyah, something very bad al-A’raf, 7:80 and the people who did it massively
together are told to have received very heavy punishment al-A’raf, 7:84 and others.
The view of al-Qur’an on homosexuality indirectly mafhum mukhalafah shows its view on heterosexuality. Heterosexuality is good
and righteous. This view is proven by the suggestions of a number of verses and hadith that sexual relations be done in a mutually satisfying
way between husband and wife. Where the verse in Ali Imran, 3:14 seems to condemn heterosexuality, then it is due to the means of sexual
satisfaction among Arabs which could not be tolerated at the time of the verse’s revelation. It is known from al-Qur’an that among the Arabs
there were marriages with numerous wife and irresponsible husbands, prostitution bigha’ and mistresses or lovers akhan were common
practices. The verse seems to be forwarded to those who were irresponsible and deviant as well as committers of adultery.
Proponents of the standard view belief that axiologically speaking goodness and righteousness of heterosexuality has been proven through
history. Axiological proof states that defiance to the truth would bring about destruction. Ancient history has proven that Sodom and Gomorra
experienced destruction due to their practice of homosexuality and contemporary history shows that gay communities have a high risk of
contracting the deadly AIDS disease. Nature surrounding mankind also supports this truth. Animals and plants that do not know culture and are
created in pairs as human do reproduce heterosexually. These two things show that sexuality read: heterosexuality is something natural, not a
social construct. If it were unnatural, surely its disobedience would not bring about chaos to human life. Although sexual desire is something
natural, al-Qur’an does not let its satisfaction go unregulated. He commands that the impulse must be channelled through marriage, not
prostitution and mistresses or lovers an-Nisa’, 4:24-25. The ideal marriage is one which can achieve the goal of marriage that is to keep
one’s honour and provide tranquillity based on love and affection as explained above.
In accordance to the understanding of pair zauj which differs in sexuality and natural sexuality, al-Qur’an only allows marriage between
man and woman. Same sex marriage is not allowed, between man and
man or woman and woman. Hence, if gay mutakhannits and mutarajjil were to marry, they must marry their opposite sex. If someone were to
engage in liwath sodomy, anal sex between men and sihaq navel sex between women which in a hadith is mentioned as women to women
adultery, then in a number of popular traditions from the classic period they would be punished heavily as-Shan’ani, t.t.:IV, pages 13-14. As
to hermaphrodites khuntsa intending to marry, according to that tradition, there must be confirmation whether the person is male or
female. When it has been confirmed he is a man, then he can marry someone who is a woman or someone who has been confirmed to be a
woman. This applies vice versa for a woman. To confirm the sexuality of a hermaphrodite is male or female, ulema Abu Hanifah, as-Syafi’I
and Ahmad bin Hanbal in the past used anatomical size and function, and also what is presently called gender and psychological
considerations. They categorized khuntsa into two groups, khuntsa ghair musykil and khuntsa musykil.
Khuntsa ghair musykil is a person who possesses two sexual organs with one dominant over the other. The sexuality is determined based on
the dominant sexual organ the one with bigger or more perfect shape. Meanwhile, khuntsa musykil is a person who does not possess a sexual
organ deformed sexual organ or possesses two sexual organs without dominance. For those who do not possess sexual organ, the ruling of
male sexuality is based on the growth of facial hair and interest in woman for those old enough. Meanwhile for woman, it is based on the
presence of breasts and menstruation. As to those who possess both sexual organs, then the sexuality is based on the active sexual organ. If
the person urinates using the penis, then he is male; and if the person urinates using the vagina then she is female. If the person were to
urinate through both, then the sexuality is decided based on which of the two becomes active first. If none were active first, then the same method
