ISLAMIC LAW
PERSPECTIVE: THE ISSUE OF INTERFAITH MARRIAGE AND ITS
IMPACT ON
SOCIETY IN INDONESIA
Ade Ulfa Amin1,
Syafruddin Syam2, Imam Yazid3
Universitas Islam Negeri Sumatera Utara Medan, Sumatera, Indonesia
ABSTRACT
Indonesia has different cultures, customs, and
religions, as well as different beliefs; of course, each society has different
rules, including marriage. Every marriage cannot be separated from the
important influence of religion, belief, and culture of the community and
religious leaders in the area where the community is located. The aim of this
research is to explore knowledge about the perspective of Islamic religious law
in interfaith marriages. This research also aims to determine the possible social
impacts that can occur for those who enter into interfaith marriages in
Indonesia. The research method used in this research is a normative legal
research method, namely using legal material sources in the form of statutory
regulations, court decisions/decisions, contracts/agreements/agreements, legal
theory, and expert opinions. The results of the research obtained are that
there are no loopholes, and potential interfaith marriages can be legalized
according to religious law and law in Indonesia, apart from that, interfaith
marriages can trigger potential conflicts between communities, family
relationships, husband and wife relationships as well as the resulting negative
impact on the resulting children, from interfaith marriages. This research has
implications for comparisons of how other Muslim-majority countries handle
interfaith marriages within the framework of Islamic law. This
can provide valuable insight into alternative approaches and potential best
practices for Indonesia.
Keywords: islamic
law, interfaith marriage, social impact on society.
Corresponding Author: Ade
Ulfa Amin
E-mail: aulfaamin@gmail.com
INTRODUCTION
Indonesia has different cultures,
customs, and religions, as well as different beliefs; of course, each society
has different rules, including marriage. Various marriage movements cannot be
separated from the important influence of religion, belief, and culture of the
community and religious leaders in the area where the community is located. To
harmonize different legal regulations, the national marriage law was born in
Indonesia as the legal basis and basic rules of marriage, namely Marriage Law
Number 1 of 1974. Article 1 of the Law explains the meaning of marriage:
"Marriage is an inner and outer bond between one person. a man with a
woman as husband/wife, whose aim is to form a happy and eternal family
(household) based on faith in God Almighty." (Baihaqi, 2023).
The term "marriage" comes from Arabic,
namely (النكاح). There are also those who
say that according to fiqh terms, marriage uses the word nikah and the word
zawaj. The current Indonesian term is "marriage". Today, a
distinction is often made between "marriage" and
"marriage", but basically, "marriage" and
"marriage" differ only in finding the root word. In addition, the
notion of marriage also means an agreement according to marriage law. Marriage
here means the union of two people of different sexes, namely men and women,
who are brought together through a contract or agreement. The Compilation of
Islamic Law states that marriage is marriage, namely a strong agreement or
mistaken ghalizhan to obey Allah's commands, and fulfilling them is worship. (Ruslan, 2021).
The sacred and legal bond in a marriage relationship,
according to Islam and applicable law in Indonesia, are two bonds between a man
and a woman who have the goal of living together and building their household,
whose goal is to gain religious and legal recognition. Apart from that, a
marriage that is considered valid according to religious law and state law
certainly has a psychological impact on both husband and wife pairs because
recognition in society is very important for prospective brides as their understanding
to be accepted in society. The legal process of marriage in Islam states that
before marriage, the prospective husband and wife in Islam must fulfill several
conditions (Maksum, 2023).
First, both of them must have the ability to marry.
This means they must be in good health, have sufficient financial resources,
and have the mental and emotional capacity to marry. In addition, in Islam, the
marriage process consists of three stages. The first step is the application,
where the prospective husband proposes to the future wife with a marriage
proposal. If the application is accepted, then the marriage process continues
with a marriage contract where the marriage guardian pronounces the marriage
contract and the prospective husband accepts by saying the word qabul, after
which the marriage is formalized by signing the marriage contract. This
marriage contract is carried out by the marriage guardian, the groom, witnessed
by witnesses.
In addition to
following the teachings of Islam, the desire to marry also aims to fulfill the
biological needs of husband and wife, which are considered valid by religion
and law in Indonesia. This is in accordance with what previous research
explained that marriage is a religious command. On the other hand, it is the
only way to channel sex that has been legalized by religion (Shamad, 2017). From this point of view, people who are married at
the same time not only have a desire to satisfy their biological needs, which
must be channeled naturally. Apart from biological needs, marriage also has the
goal of giving a feeling of peace in a harmonious life with a new family.
Biological needs must be met. The Islamic religion has also stipulated that the
only way to fulfill one's biological needs is through marriage. The Qur'an
explains that marriage can also bring peace in life. That is, marriage is not
only a means to channel sexual needs, but marriage also promises peace for
human life, where everyone can build a paradise on earth. All of these things
happen when the marriage is actually carried out in a way that is in accordance
with the way prescribed by Islam (Shamad, 2017).
Islam views
marriage as something noble and holy, meaning worship to Allah, obedience to
the sunnah of the Prophet, and being carried out sincerely, responsibly, and in
accordance with legal rules that must be respected. (Wibisana, 2016) . According to the Law of the Republic of Indonesia
No. 1 of 1974 concerning Marriage, Chapter 1 Article 1, marriage is a physical
and spiritual bond between a man and a woman as husband and wife with the aim
of forming a happy and eternal family (household) based on belief in God
Almighty. Furthermore, the purpose of marriage as in Surah Ar-Rum verse 21,
namely And among the signs of His power is that He created for you a life
partner of your own kind so that you are inclined and feel at ease to him and
made Him between you affection (mawaddah warahmah). Indeed, such things will be
a sign of his greatness to those who think." Sakinah mawaddah wa rahmah is
a gift from Allah to humans when they marry. Apart from that, marriage is a
sunnah of the Prophet Muhammad SAW in the sense of following the behavior of
the Prophet Muhammad SAW. Marriage is done so that humans have legal offspring
and families to lead a happy life in this world and in the hereafter under the
protection and blessing of Allah SWT.
The Marriage Law
does not specifically allow for the legalization of interfaith marriages, but
the life of couples of different religions as husband and wife is an undeniable
fact, and indeed, many couples want to live together as husband and wife but are
limited by religious or belief conditions. Different. Some choose a lifestyle
to be together without marriage or marriage ties while maintaining their
respective beliefs and beliefs. This existence is allowed to continue without
resolution, or their behavior will be considered a social waste that must be
handled with control. What about the consequences of their relationship that
are not protected by the law in force in that country, such as having children
who are born, property that will be born, and other rights? (Baihaqi, 2023).
In fact, there
is still no legal framework in Indonesia that specifically regulates the
complex issue of interfaith marriages. Therefore, so far, interfaith couples
have had to make more legal and illegal efforts to legalize their marriage in
Indonesia. Often, the dream of interfaith couples is to marry twice according
to the religious requirements of both parties, for example, in the morning with
an agreement according to Islamic law, followed by the bride and groom, and on
the same day with the blessing of the wedding in the church according to what
is accepted by Christian bridal law. However, these efforts also raise
questions about which marriages are valid. Another possibility is that one of
the parties changes religion temporarily. In fact, this is also prohibited in all religions
because it is considered a religious game. The last effort that many people
make is holding weddings abroad. However, this business also caused controversy
because it was considered legal smuggling. There are many phenomena of
interfaith marriages in Indonesia, which indicate the need for clear regulation
regarding this issue so that legal loopholes or prejudices do not arise in the
future, which can cause confusion in society (Probolinggo,
2023).
Therefore,
this research aims to explore knowledge about the perspective of Islamic law in
interfaith marriages. The next aim of this research is to find out and analyze
the possible social impacts that can occur for those who enter into interfaith
marriages in Indonesia. Therefore, the benefits of this research are that it
can help in understanding to what extent Indonesian society can accept
interfaith marriages as a sign of interreligious tolerance, provide insights to
the government and policymakers about the impact of interfaith marriages,
enabling them to develop more inclusive and supportive policies for interfaith
couples, and this research can serve as an academic source of knowledge on the
dynamics of interfaith marriages in Indonesia, which can be used as a basis for
further research.
METHOD
The research method
used in this study is a normative legal research method (legal research).
Normative legal research (legal research), namely using legal sources of
material in the form of statutory regulations, court decisions/decisions,
contracts/agreements/contracts, legal theory, and expert opinions. Another name
for normative legal research is doctrinal legal research, also referred to as
library research or document study (Muhaimin, 2020).
This research is
normative legal research, which is a type of research that is commonly known in
the study of law. This research is part of legal research, namely by
researching library materials called normative legal research or library law
research. This study uses the literature study research method by
collecting written data such as books, journal articles, and laws and
regulations related to this research.
Secondary data in
the form of library research was carried out on various sources of legal
materials, which can be classified into 3 (three) types, namely primary legal
materials, secondary legal materials, and tertiary legal materials (Mozes, 2020). Legal materials obtained, inventoried, and identified
are then processed and analyzed qualitatively by using deductive logical
thinking. The analysis technique is used with a qualitative approach.
In normative legal
research, the legal materials studied are primary, secondary, and tertiary
legal materials. The technique for collecting the three legal materials is to
use documentary studies. A documentary study is a study of various documents,
both related to laws and regulations and other documents (Salim & Nurbani, 2017).
RESULTS AND DISCUSSION
According to a search on the Supreme Court's Directory
website, there are 73 copies of interfaith marriage decisions throughout
Indonesia. The court explained that registration applications had been made
since 2007. In fact, in Indonesia, the city of Surakarta seems to be the city
where most applications have been submitted. Also, in 2007, the application for
civil registration at the Surakarta District Court (PN) was the first in
Indonesia (Pratama, 2022). Apart from data from that year, according to data from
the Indonesian Conference on Religion and Peace (ICRP), since 2005, there have
been 1,425 interfaith couples married in Indonesia. (Iskandar, 2022) .
Below is data with the most cities applying
for civil registration of interfaith marriages in 2007.
Figure 1. City-Data with the Most Files for Civil
Registration
Interfaith Marriage in Indonesia (Primary, 2022)
Thus, 37 out of 73 decisions of Indonesian interfaith marriage judges are
in the Surakarta District Court. This means that 50.7 percent of interfaith
marriage cases brought to court occurred in an area of 44 square kilometers.
The large number of copies of the decision in Surakarta practically makes
Central Java the province with the highest number of interfaith marriages in
the country, namely 46 cases, and East Java follows with 8 cases (Pratama,
2022).
According to Ahmad Nurcholis, one of the perpetrators of interfaith
marriages and author of the book "Answering 101 Problems of Interfaith
Marriage", from 2004 to 2012, there were 1,109 couples carrying out
interfaith marriages, with the largest number being Muslim and Christian
couples, then Muslim and Catholicism, then Islam and Hinduism, then Islam and
Buddhism. The fewest are Christian and Buddhist couples (Jalil, 2018). Furthermore, based on the
results of a special interview with BBC Indonesia, Ahmad Nurcholis said that in
2015, the Indonesian Conference on Religion and Peace (ICRP) or the Center for
Research on Religion and Peace married at least 638 couples of different
religions throughout Indonesia.
The problem of interfaith marriages for Muslims in Indonesia is based on
the provisions of the Al-Qur'an al-Baqarah verse 221, which states that Muslims
are prohibited from marrying polytheist men and polytheist women. In addition
to the mandate of this verse, most Muslims agree with the prohibition of
interfaith marriages (Daud
et al., 2022).
If we look at the marriage law, we
cannot find any element of the article that contains the permissibility of
inter-religious marriages. It can be seen that in Article 2 of Law Number 1 of
1974 concerning marriage, it is stated that a marriage can be said to be a
valid marriage if the marriage is carried out according to the laws of each
religion and belief. He continued that the meaning explained above had very
clearly given direction only to each other's beliefs. Therefore, as a result of
the discrepancy in these regulations, many people resort to other solutions to
carry out marriages with partners of different religions (Ilham,
2020).
Interfaith
marriage in Surah Al-Baqarah: 221, which explains the prohibition against
marrying polytheists until they believe. Apart from that, in Surah
Al-Mumlahanah verse 10, there is a prohibition on returning Muslim women who
emigrated from Mecca to Medina to their husbands in Mecca and continuing
domestic relations with unbeliever women. It was further explained that
although in Islam there is a prohibition on various religious marriages in
theory, there is a theory in it that gives rise to opportunities for marriages
outside the class, namely between Muslims and women in the people of the book,
the permissibility of marriage with those in the book is stated in the surah
al-Maidah verse 5 explains the legalization of marriage with women of the book
for Muslims (Dardiri
et al., 2013).
An
interfaith marriage is a marriage between a man and a woman who have different
religions or beliefs from each other. Laws and regulations only provide
legitimacy to same-sex religious marriages, as Article 2 paragraph (1) of Law
Number 1 the Year 1974 reads as follows: "Marriage is legal if it is
carried out according to the laws of each religion and belief". Whereas
what is meant by the law of each religion and belief in the explanation of the
article includes statutory provisions that apply to their religious groups and
beliefs as long as they do not contradict or are not specified otherwise in the
Law (Baihaqi, 2023).
Furthermore,
the prohibition of interfaith marriage is contained in Surah al-Baqarah verse
221 in Jalalain's commentary:
(And do not marry) O
Muslims (musyrik women), meaning disbelieving women (before they
believe. In fact, a believing slave is better than a polytheist woman) even
though she is free. The reason for the revelation of this verse is that there
are those who criticize men who marry slave girls and like men who marry free
women who are polytheists ( even though they attract your heart) because
of their wealth and beauty. This is specifically for women who are not people
of the book with the verse "And women who are preserved among the people
of the book". (And do not marry or marry (mushrik men),
meaning infidel men with believing women (before they believe. Indeed, a
believing slave is better than a polytheist man even though he attracts your
heart) because of his wealth and good looks. (They are) or shirk
experts (inviting them to hell) to actions that lead to hell, so it is
not good to marry them. (While Allah invites) through the words of His
messengers ( to heaven and forgiveness), meaning deeds that lead to both
(with His permission), meaning with His will, it is obligatory for you
or their guardians to grant marriage (And He explains His verses to people
so that they receive a warning) or get a lesson.
Article
44 of the Compilation of Islamic Law confirms that it reads: "A Muslim
woman is prohibited from marrying a man who is not Muslim." So, according
to Islam as the religion that is adhered to by the majority of the population
in Indonesia, it strongly opposes the existence of marriages carried out by
couples of different religions in Indonesian society.
The MUI fatwa regarding
interfaith marriages interprets the verse of Surah Al-Baqarah: 221 that the
majority of ulama (the majority of ulama) agree that interfaith marriages are
haram for any reason. This is the fatwa stated by the Indonesian Ulema Council
(MUI) regarding interfaith marriages: (1) Interfaith marriages are haram and
invalid. (2) The marriage of a Muslim man with a woman from the People of the
Book, according to qaul mu'tamad, is
illegitimate and invalid. Not only are marriages of different religions fatwa,
but the Indonesian Ulema Council (MUI) also said in the second point that the
marriage of Muslim men with women from Ahlu Kitab, according to qaul mu'tamad, is haram and invalid. In
essence, the Law of the Republic of Indonesia Number 1 of 1974 concerning
Marriage in Article 8 point F states that marriage is prohibited between two
people who have a relationship whose religion or other applicable regulations
prohibit marriage.
Marriage, according to Law Number
1 of 1974, is not only a legal act but also a religious act, so whether a
marriage is valid or not depends entirely on the laws of each religion and the
beliefs held by the people. Indonesia (Handayani,
2014) .
Marriage has been regulated in Article 2 of Law Number 1 of 1974
concerning Marriage (Hanifah, 2019), which stipulates as follows:
1.
Marriage
is valid if it is carried out according to the laws of each religion and
belief.
2.
Every
marriage is recorded according to applicable laws and regulations.
It is further explained in his explanation that it is stated
that there is no marriage outside the law of each religion and belief. This is
in accordance with Article 29 of the 1945 Constitution, which reads: The State
is based on Belief in One Almighty God; The state guarantees the freedom of
every citizen to embrace their own religion and worship according to their
religion and belief. From the provisions of Article 2 paragraph (1) of Law
Number 1 of 1974 concerning Marriage, it is clear that Law Number 1 of 1974
concerning Marriage determines the validity of marriage according to the
religious laws and beliefs of each adherent. After the marriage takes place
according to the procedures of their respective religions and beliefs, the
bride and groom sign the marriage certificate, which has been prepared by the
marriage registrar.
Furthermore, Article 2 of the Compilation of Islamic
Law states that marriage, according to Islamic law, is a very strong contract
or mistaken ghalizhan to obey Allah's commands and carry them out
as worship.
In the pillars of marriage in Islam, there are several
conditions that must be fulfilled (Handayani, 2014), namely:
1.
Prospective
husband: Muslim, certain man, not a mahram man with a prospective wife, knows
the true guardian for the marriage contract, not in ihram for Hajj or Umrah,
with his own consent and not coercion, does not have four legal wives at one
time, knowing that the woman he wants to marry is legally his wife.
2.
Candidates
for wives: Islam, certain women, not mahram women with potential husbands, not
khunsa, not in ihram for Hajj or Umrah, not during iddah, not someone else's
wife.
3.
Marriage
guardian: Muslim, male, mature, of his own free will and not coerced, not in
ihram for Hajj or Umrah, not wicked, not mentally handicapped, crazy, too old
and so on, independent, not controlled by power rather than spending his
wealth.
4.
Witnesses
for marriage: at least two people, Muslim, intelligent, mature, male,
understand the contents of the pronunciation of consent and Kabul, can hear,
see and speak, fair (don't commit big sins and don't commit too many small sins
), independent.
5.
Ijab:
This marriage must be correct, may not use satirical words uttered by the
guardian or his representative, and must not be bound by a time period such as
a mut'ah (contract marriage or valid marriage within a certain time as promised
in the mut'ah marriage agreement), not by convention (there are no
preconditions when the hijab is pronounced).
6.
Qobul:
The utterance must be in accordance with the words of consent; there are no
satirical words pronounced by the prospective husband or his representative
(for certain reasons) not bound by a time period such as mut'ah (such as a
contract marriage), not tactic (no term prerequisites when Kabul is
pronounced), mentioning the name of the future wife, not adding other words.
According to Article 1 of Law Number 1 of 1974
concerning Marriage, marriage is a physical and spiritual bond between a man
and a woman as husband and wife with the aim of forming a happy and eternal
family or household based on Belief in One Supreme God. The word "outer
and inner bond" in this sense means that marriage is not enough just to
have an external bond or only to have an inner bond; both must be present in
marriage (Hanifah, 2019). The birth bond can be interpreted as marriage, which
is a bond that can be seen, meaning there is a legal relationship between a man
and a woman to live together as husband and wife. This bond can also be called
a "formal bond," namely a formal relationship that binds oneself,
other people, and society. Whereas "inner bond" can be interpreted as
an informal relationship, meaning a bond that cannot be seen but must exist
because, in the absence of an inner bond in marriage, the outer bond will be
fragile.
The definition of marriage
above contains several aspects. The first is the legal aspect because it
contains birth or a formal bond that gives birth to a legal relationship
between husband and wife. The
second is the social aspect, where marriage is a relationship that binds
oneself, other people, and society. Third, the religious aspect, namely the
existence of goals based on belief in the Almighty God as the basis for forming
an eternal and happy family. Marriage is an agreement that is a legal act with
legal consequences. The existence of legal consequences is very important for
the validity of a legal action. In Article 2 of the Marriage Law, it is stated
that the conditions for a marriage to be valid are: (1) The marriage is valid
if it is performed solemnly according to the laws of each religion and belief;
(2) All marriages are recorded according to applicable laws and regulations (Karim, 2017).
The legal status of interfaith marriage cannot be
ratified because it does not follow the religious teachings adhered to by each
prospective bride and groom (Amri, 2020). In Article 2 of the Marriage Law, there is an
affirmation that marriage can only be categorized as a legal act if it is
carried out according to the provisions of each religion and belief, as in the
explanation of Article 2 of the Marriage Law that there is no marriage outside
the law of each religion and belief (Amri, 2020).
From the results of the analysis above, there are
several points that cannot justify interfaith marriage according to the law in
force in Indonesia. Then, the legal status of interfaith marriages is also
explained in detail by previous research. According to the understanding of
legal experts and practitioners in Law Number 1 of 1974, in general, three
views can be found in interfaith marriages. First, interfaith marriage cannot
be justified and is a violation of the Marriage Law Article 2 paragraph (1): Marriage
is legal if it is carried out according to the laws of each religion and
belief, and Article 8 letter (f): that marriage is prohibited between two
people who have a relationship in which marriage is prohibited by their
religion or other regulations. So, according to this article, interfaith
marriages are considered invalid and null and void by law by the marriage
executive (Amri, 2020).
The
majority of Muslim communities in Indonesia are of the view that the Marriage
Law does not need to be refined by including the law on interfaith marriages in
the law, because according to them, Law Number 1 of 1974 has regulated the law
on interfaith marriages clearly and firmly (Amri, 2020). There is some truth in this expression because
Muslims, as the majority population in Indonesia, feel that they benefit from
Article 2 paragraph (1) of the Marriage Law because with this article, the
possibility of having a "secular" marriage is closed, and the
possibility of a Muslim woman also being closed. Marrying a non-Muslim man, as
well as the marriage of a Muslim man with a polytheist woman, because such
marriages are prohibited (considered invalid) according to Islamic law. In
fact, the prohibition on holding interfaith marriages is an important problem
for Muslims because the Dutch marriage regulations (PPC/Mixed Marriage
Regulations) allow Indonesians to perform interfaith marriages.
According to the marriage law that applies in
Indonesia, this is also in accordance with the results of the conclusions of
studies that have been carried out by previous research; marrying polytheistic
women is clearly a forbidden act by law (Ilham, 2020). While marrying women of the Ahl al-Kitab, even
though there are many differences of opinion, of course, it must be seen from
the aspect of the most important benefit. Therefore, by looking at these
conditions, the legal status is unlawful. This is supported by the MUI Fatwa
and the absence of rules governing interfaith marriage in the Compilation of
Islamic Law and Law Number 1 of 1974 concerning Marriage.
To strengthen the position of Islamic law in the midst
of society, especially in relation to the civil sector, along with the
establishment of the Religious Courts for Muslims, representatives of
Indonesian Islamic clerics or experts then tried to compile an Islamic Law
Compilation (KHI). Based on Presidential Instruction No. 1 of 1991, this
compilation is then used as the main reference by the Religious Courts to
decide Islamic civil cases that are filed. Regarding the prohibition of
interfaith marriages, KHI specifically mentions it in Article 40 letter (c),
Article 44, and Article 61. This provision is clearly in line with and even
reinforces the 1980 MUI fatwa concerning the prohibition of religious-based
mixed marriages (Mursalin, 2023).
In general, the religious laws and marriage laws that
apply in Indonesia do contain polemic potential among society because, in this
case, they contain a context that is sensitive to social society. In previous
research, Indonesia does not yet have a legal umbrella that explicitly
regulates the very complex issue of interfaith marriage (Probolinggo, 2023). So, up to now, couples in interfaith marriages have
had to fight harder, both through legal and illegal means, so that their
marriage can be legalized in Indonesia. Various efforts that are often taken by
interfaith marriage couples are to marry twice according to the provisions of
each party's religion, for example, in the morning, carrying out the contract
according to the Islamic law adhered to by one of the bride and groom, then on
the same day also holding the marriage blessing in the church according to
Christian religious laws adhered to by the other bride and groom. However, this
effort also raises questions about which marriages can be considered valid.
Another way is for one of the parties to change religion temporarily, but this
is actually prohibited by any religion because it is considered playing with
religion. The final effort that many people make is holding weddings abroad, as
is done by many artists in Indonesia. However, this effort also caused
controversy because it was considered legal smuggling. The large number of
interfaith marriage phenomena in Indonesia has resulted in the need for
explicit regulation regarding this issue so that in the future, there will no
longer be a vacuum or legal bias that results in confusion in society.
The diversity of religions and beliefs in Indonesia
can have implications for marriages between followers of religions and beliefs (Probolinggo, 2023). Interfaith marriages are not something new and have
been going on for a long time in multicultural Indonesian society. However,
this does not mean that cases of interfaith marriages do not cause problems; in
fact, they tend to always generate controversy in society.
Apart from that, the polemic about permission from a
religious and legal point of view is indeed very small, so religious marriage
can be recognized legally and religiously and can be accepted by society. If
this cannot be ensured by the law in force in Indonesia, then there will be
gaps and the potential for protests from the community to live and live
together with those who marry with different religions. In particular, apart
from the community, the families of the bride and groom also certainly have the
potential to adversely affect their social relations because it is undeniable
that the marriage has the approval of the two extended families. The analysis
above is also in line with the conclusions of the results of studies conducted
by previous research that interfaith marriage is something that cannot be
justified based on the Marriage Law and the Compilation of Islamic Law, with
the consideration that the issuance of these rules is to avoid bad/loss
(mafsadat) which is greater besides the goodness/benefits (maslahah) that arise
(Probolinggo, 2023). However, the presence of the Population
Administration Law, especially Article 35, opens up opportunities to legalize
interfaith marriages. The legal conflict between these two laws naturally
creates multiple interpretations among the public, especially judges, in
determining interfaith marriages. As a consequence, there can be a disparity in
judges' decisions, some rejecting but some also granting the decision for
interfaith marriages. If this continues, it will create legal uncertainty.
The next way that can be done for couples with
different beliefs is to ask for a ruling from the District Court. Article 35 of
Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning
Population Administration states that registration of marriages also applies to
marriages determined by the court. The decision of the District Court can be
used as a basis for legal force for couples of different religions to be able
to register their marriage at the Civil Registry Office, which may not refuse
it. This is based on the description of Article 7 Paragraph (2) letter (1) of
Law Number 30 of 2014 concerning Government Administration, whereby government
officials are obliged to comply with court decisions that have permanent legal
force.
Responding to this, the Supreme Court of the Republic of
Indonesia finally prohibited court judges from granting requests for interfaith
marriages. This prohibition is contained in the Supreme Court Circular Letter
(SEMA) Number 2 of 2023 concerning Guidelines for Judges in Trying Cases for
Requests for Registration of Inter-Religious Marriages of Different Religions
and Beliefs.
In SEMA Number 2 of 2023, it is
explained that in order to provide certainty and legal unity in adjudicating
applications for the registration of marriages between people of different
religions and beliefs, judges must be guided by the following provisions:
1. A valid marriage is one that is
carried out according to the laws of each religion and belief, in accordance
with Article 2 paragraph 1 and Article 8 letter f of Law Number 1 of 1974
concerning Marriage.
2. The court did not grant the
request for registration of marriages between people of different religions and
beliefs.
In
addition to causing conflict in the community, interfaith marriages will also
have a potentially adverse impact on the offspring they produce. The results of
studies conducted by previous research show that apart from having a negative
impact on family life (husband and wife), the most terrible impact is on
offspring (Kaharuddin
& Syafruddin, 2020). It is clear that children of
parents of different religions will have two religious personalities. On the
one hand, you have to be good at dealing with your father, who is Muslim, for
example, and on the other hand, you have to be able to adapt to your mother's
religious beliefs, Christianity, for example.
Another
conflict is also explained by other research, namely that legally, interfaith
marriages give rise to legal issues related to marriage registration, the legal
status of children born, including guardianship and inheritance, and
inheritance between partners (Sahrim, 2022). This is in view of the different legal provisions
applied in the Islamic religion and Indonesian laws and regulations.
Furthermore, psychologically and sociologically, interfaith marriages can
trigger disputes and even strengthen pre-existing disputes. Next, interfaith
marriages are also considered to cause psychological and educational problems
for children because they are confused about which religion to follow.
The risks and
impacts resulting from marrying from a different religion. In his study, he
explained that the negative impact of interfaith marriage could lead to
conflict in relations with the family and social environment (AP, 2023). Rejection or disapproval will arise from families
who tend to be conservative towards such marriages. Also, in households with
different religions, there are times when one partner has to compromise and
sacrifice their beliefs for the sake of their husband or wife. Another fact is
that it is not easy to live with a partner who has different beliefs.
Especially if you cannot respect the traditions and values held by your
partner. If
you cannot respect and tolerate each other, sensitive matters related to religious
issues can cause conflict in couples of different religions. The final impact
is that interfaith marriages can trigger tension when faced with religious
celebrations and traditions. Especially if the couple already has children. The
child can become a victim of the parents' religious conflict if there is a
dispute in observing certain religious celebrations and traditions.
CONCLUSION
Based on the
results of the analysis of the description above, it can be concluded that
interfaith marriage, when viewed from a religious perspective, clearly does not
allow people to marry someone who is not of the Islamic religion, and the law
is haraam, and this is also in accordance with the fatwa of the Indonesian
Ulema Council (MUI). Meanwhile, from the perspective of the Compilation of
Islamic Law and Law Number 1 of 1974 concerning marriage, it does not regulate
procedures and or activities that allow interfaith marriages to be legalized.
As well as the prohibition of court judges from granting requests for the
determination of interfaith marriages through the Supreme Court Circular Letter
(SEMA) Number 2 of 2023 concerning Guidelines for Judges in Trying Cases for
Applications for Registration of Inter-Religious Marriages of Different
Religions and Beliefs. Potential conflicts and impacts arising from interfaith
marriages can threaten social relations between communities for those who
reject interfaith marriages based on religious and legal laws in Indonesia.
Besides that, conflicts between families, husband and wife relationships, and
children will have an impact due to a lack of mutual understanding. Appreciate
the religious beliefs and tensions children will face.
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