Interfaith Marriage in Perspective of Islamic Law

Abstrak

With the many religions and sects of belief in the State of Indonesia, it is undeniable that marriages of different religions and sects of belief can occur, but contextually there is the permissibility of marrying the people of the book in the Qur'an, as well as Article 35 and its explanation, and Article 37 paragraph (1) of Law Number 23 of 2006 concerning Population Administration which indirectly provides opportunities for interfaith marriages. The type of research is library research, namely by tracing literature or data sources obtained from books, books and others that have a direct or indirect relationship to the theme. This research is descriptive analysis using a normative juridical approach. The data that has been collected is analyzed descriptively with deductive and inductive thinking methods. Judging from Maqasid Ash Shari'ah, but the relevance of the existence of the people of the book at this time is not in accordance with the text of the nash at the time of the prophet and from the aspect of the evil that dominates over the good. In the MUI fatwa it is explained that marrying different religions is haram and in positive law there are articles that prohibit marriages of different beliefs. The conclusion of this study concludes that interfaith marriages as described according to Islamic law, the Compilation of Islamic Law and Law Number 1 of 1974 concerning Marriage are declared invalid.