Interfaith Marriages in Indonesia: A Study in The Perspective of Islamic Law and State Law

DOI

10.2991/978-2-38476-279-8_6How to use a DOI?

Keywords

Interfaith Marriage; Islamic Law; State law

Abstract

This study tried to explain the intricate landscape of interfaith marriages within Indonesia, examining how Islamic law and state law intersect and impact these unions. It delves into the legal complexities surrounding marriage, focusing on the religious and legal dimensions that shape the validity and recognition of such blocks in Indonesia. The research uncovers the disparities between Indonesian legal norms and Islamic spiritual principles concerning interfaith marriages, shedding light on couples’ challenges in navigating these intricacies. By applying the library research method, this study also highlights the legal mechanisms utilized by interfaith couples to address these religious restrictions and gain legal recognition for their marriages. By examining these legal processes, the research provides valuable insights into the motivations and strategies employed by interfaith couples as they navigate the complex legal landscape. Furthermore, the study addresses the issue of inconsistent judicial decisions regarding interfaith marriages across different courts that has significant implications for the legal treatment of such marriages. Therefore, the research introduces Supreme Court Number 2 of 2023 as a potential solution. This directive offers comprehensive guidelines to assist judges in rendering more consistent decisions in interfaith marriage cases, emphasizing the importance of upholding existing marriage laws and religious principles. In conclusion, this study contributes to a deeper understanding of the challenges faced by interfaith couples in a complex legal and religious landscape within the Indonesian context.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Moh Najib
AU  - A. Suganda
AU  - Zuhdi Rifa’i
PY  - 2024
DA  - 2024/08/30
TI  - Interfaith Marriages in Indonesia: A Study in The Perspective of Islamic Law and State Law
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 39
EP  - 52
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_6
DO  - 10.2991/978-2-38476-279-8_6
ID  - Najib2024
ER  -