Analysis Review of Determination of Interreligious Marriages In The Perspective of Islamic Fiqh and Marriage Law Number 16 of 2019

Abstract

Interfaith marriages in Indonesia are always a matter of debate, because interfaith marriages give rise to various legal consequences such as the validity of the marriage according to the Marriage Law, based on Article 2 paragraph (1) of Law No.16 of 2019 concerning Marriage. An interfaith marriage is a physical and spiritual bond between a man and a woman of different religions which results in two different regulations regarding procedures for implementation according to the laws of their respective religions. Indonesia recognizes more than 1 (one) religion and does not rule out the possibility for couples to enter into interfaith marriages. Incidents of interfaith marriages are still often found in communities where the Marriage Law does not provide regulatory space for couples who wish to enter into interfaith marriages. The aim of this research is to find out how the practice of interfaith marriages is in Indonesia, what is the status of interfaith marriages according to the views of Fiqh and the Marriage Law. This research is normative juridical research that is descriptive in nature, using a statutory approach. The data in this research comes from revelation data and secondary data. Data collection was carried out by means of library research, namely visiting the library directly or indirectly. The results of this writing result in the practice of marriage in Indonesia, there are several cases of married couples who choose to stick to their respective religions, so several ways of carrying out interfaith marriages are found, namely: First, the marriage is first carried out according to the religious laws of the bride (husband), then followed by marriage according to the bride's religious laws. Second, one of the parties pretends to change religion so that the marriage can be carried out and registered, after which they return to their respective religions. Third, carry out the marriage by following one of the couple's religions. The status of interfaith marriages according to Fiqh is that the pillars of marriage consist of consent and consent, with consent giving rise to a legal relationship between the two parties. The fatwa of the Indonesian Ulema Council also issued a ruling that interfaith marriages are haram and invalid. If you look at article 2 paragraphs (1) and (2). This article confirms that marriage can be said to be a valid legal act if it is carried out according to their respective religions and beliefs. Interfaith marriages are considered invalid and null and void by marriage officials because there is a legal vacuum regarding interfaith marriages.