LEGAL ATTITUDES TOWARD COHABITATION: A REVIEW OF LIBERAL AND ISLAMIC STATES

Mashdurohatun A., Kholid I., Setiyawan D., Saputro A.T., Dedi I.K.K.

Abstract

Cohabitation is becoming an increasingly popular phenomenon in various countries. Some countries prefer cohabitation as an alternative to living with a partner. This is influenced by the different legal attitudes of each country. The variation in legal systems has led to confusion about whether the practice of cohabitation is immoral or moral. In this journal, we reviewed cohabitation in more depth from the angle of morality so as to derive the legal attitude toward cohabitation. This research utilised the socio-legal method with a comparative and conceptual study approach. The findings of this study explain that factors such as religious beliefs, historical traditions, socio-economic status, and generational shifts have resulted in the surging practice of cohabitation. Liberal countries take a legal stance by recognising cohabitation as a legitimate relationship with the same rights as marriage, arguing that it is a moral act. In contrast, Islamic countries prohibit cohabitation, arguing that it is immoral. The provision of cohabitation as an immoral act is based on religious attitudes and a legal culture approach.

Journal
Petita Jurnal Kajian Ilmu Hukum Dan Syariah
Page Range
338-350
Publication date
2025
Total citations
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