REVIEW OF ISLAMIC LAW REGARDING INTERRELIGIOUS MARRIAGES IN INDONESIA

Authors

  • Fauziah Hanum Universitas Labuhanbatu
  • Muhammad Yusuf Siregar Universitas Labuhanbatu
  • Wahyu Simon Tampubolon Universitas Labuhanbatu

Keywords:

Keywords: Islamic Law, Marriage, Different Religions

Abstract

Discussion Results: 1. Interfaith Marriage in Indonesia according to Islamic Law refers to QS Al-Maidah: 5, QS. Al-Baqoroh: 221 and QS. Al-Mumlahanah: 10. Marriage between different religions is basically prohibited. However, there are exceptions if the male partner is a believer and the female partner is a scholar of the book, in this type of couple the ulama' have different opinions regarding punishment. The rule of ushul fiqh "idza ijtama'a baina al halal wal haram ghuliba al haram" can be used as a solution in making laws as a form of ihtiyaat or caution in implementing Islamic sharia. Apart from that, we can also see the prohibition against interfaith marriages in article 40 letter c KHI which reads: It is prohibited to carry out a marriage between a man and a woman due to certain circumstances, namely a woman who is not Muslim. As well as article 44 of the KHI which reads: A Muslim woman is prohibited from marrying a man who is not Muslim. 2. What factors influence the occurrence of interfaith marriages in Indonesia, namely: A person's lack of understanding of their religious knowledge, personal desires without anyone's encouragement based on love and affection, and pregnancies out of wedlock, so that interfaith marriages often occur in Indonesia

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Published

2024-02-25

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Section

Articles