AbstrakThe haram (to forbid) fatwa issued by the MUI against LGBTs and the death penalty against sexual offenders deviant has shaken the people of Indonesia, especially those of diverse sexualities. Religion, suppose to provide ease and solace to the human condition, has effectively buried those of non-normative sexualities alive. This is despite the fact that the regional, national and international legal human rights instruments recognize their rights as human beings to express their sexual and gender identities and orientations. In essence, Shariah and Islamic law is being used as the theological foundation for the issuing of the MUI fatwa contrary to the concept of human rights. Here, the work of Khaled M. Abou El Fadl is important as he attempts to break the
tension between religion (Islam) and human rights using the social approach of contemporary
humanities.