Sexual Deviation as a Reason for Divorce in Islamic Law Perspective

Abstract

This research aims to discuss sexual deviation as a reason for divorce from the Islamic law perspective. The research can be categorized as library research on Islamic philosophy that discusses certain legal themes, by carrying out sexual deviation as its material object, and the whole concept of reasons for divorce in Islamic law as its formal object. The data analysis process in this research are normative and systematic-philosophical approaches. The results show that divorce must be based on a reason that can be accepted by sharia and custom. Based on Surah Al-Baqarah Verse 229, divorce in Islam can only be done if there is a concern or fear of breaking the boundaries outlined by Allah Swt if the marriage is maintained. Sexual deviation can be used as a reason for divorce if there are one of the following four criteria: (1) if the sexual deviation can prevent someone from having sex with their partner; (2) the type of sexual deviation is included in the category of bad behaviors; (3) if the sexual deviation is an act prohibited by Allah; (4) if the sexual deviation committed by a person can cause concern for his partner if he falls into things that deviate from the limits set by Allah.