Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives
The prohibition of interfaith marriage is stipulated in the Indonesian Marriage Law where this practice is considered valid when conducted according to the laws of each respective religion and belief. This is supported by the Compilation of Islamic Law, regulating the prohibition of interfaith marri...
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| Format: | Article |
| Language: | English |
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Taylor & Francis Group
2024-12-01
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| Series: | Cogent Social Sciences |
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| Online Access: | https://www.tandfonline.com/doi/10.1080/23311886.2024.2308174 |
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| author | M. Thahir Maloko Sippah Chotban Muhammad Ikram Nur Fuady Hasdiwanti |
| author_facet | M. Thahir Maloko Sippah Chotban Muhammad Ikram Nur Fuady Hasdiwanti |
| author_sort | M. Thahir Maloko |
| collection | DOAJ |
| description | The prohibition of interfaith marriage is stipulated in the Indonesian Marriage Law where this practice is considered valid when conducted according to the laws of each respective religion and belief. This is supported by the Compilation of Islamic Law, regulating the prohibition of interfaith marriage. This research aimed to analyze the prohibition of interfaith marriage using a qualitative methodology with normatively on the regulations and Indonesian Supreme Court Decision Number 1977/K/PDT/2017. The results showed that Supreme Court Justices reject the review of the rules governing interfaith marriage submitted by a couple (Islam and Christianity). This was because the concept violated the Human Rights Law, the Marriage Law, the Compilation of Islamic Law, and the Fatwa of the Indonesian Ulema Council. Furthermore, the decision was in conflict with human rights concerning an individual’s freedom to have beliefs and form a family. Pluralist groups also viewed this prohibition as more of a political nature under the guise of religion. Therefore, many interfaith couples preferred unregistered marriage abroad before recording in the Civil Registry Office, which represented a form of legal smuggling in Indonesia as the impact of perplex on this issue. |
| format | Article |
| id | doaj-art-dcad72dfe5464651a0860fab4cf45e7e |
| institution | Kabale University |
| issn | 2331-1886 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Taylor & Francis Group |
| record_format | Article |
| series | Cogent Social Sciences |
| spelling | doaj-art-dcad72dfe5464651a0860fab4cf45e7e2025-08-20T03:47:06ZengTaylor & Francis GroupCogent Social Sciences2331-18862024-12-0110110.1080/23311886.2024.2308174Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectivesM. Thahir Maloko0Sippah Chotban1Muhammad Ikram Nur Fuady2Hasdiwanti3Faculty of Shariah and Law, Universitas Islam Negeri Alauddin Makassar, Makassar, IndonesiaFaculty of Shariah and Law, Universitas Islam Negeri Alauddin Makassar, Makassar, IndonesiaFaculty of Shariah and Law, Universitas Islam Negeri Alauddin Makassar, Makassar, IndonesiaFaculty of Law, Universitas Hasanuddin, Makassar, IndonesiaThe prohibition of interfaith marriage is stipulated in the Indonesian Marriage Law where this practice is considered valid when conducted according to the laws of each respective religion and belief. This is supported by the Compilation of Islamic Law, regulating the prohibition of interfaith marriage. This research aimed to analyze the prohibition of interfaith marriage using a qualitative methodology with normatively on the regulations and Indonesian Supreme Court Decision Number 1977/K/PDT/2017. The results showed that Supreme Court Justices reject the review of the rules governing interfaith marriage submitted by a couple (Islam and Christianity). This was because the concept violated the Human Rights Law, the Marriage Law, the Compilation of Islamic Law, and the Fatwa of the Indonesian Ulema Council. Furthermore, the decision was in conflict with human rights concerning an individual’s freedom to have beliefs and form a family. Pluralist groups also viewed this prohibition as more of a political nature under the guise of religion. Therefore, many interfaith couples preferred unregistered marriage abroad before recording in the Civil Registry Office, which represented a form of legal smuggling in Indonesia as the impact of perplex on this issue.https://www.tandfonline.com/doi/10.1080/23311886.2024.2308174Human rightsInterfaith marriagePluralismSupreme CourtFamily, Child & Social Welfare LawHuman Rights Law & Civil Liberties |
| spellingShingle | M. Thahir Maloko Sippah Chotban Muhammad Ikram Nur Fuady Hasdiwanti Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives Cogent Social Sciences Human rights Interfaith marriage Pluralism Supreme Court Family, Child & Social Welfare Law Human Rights Law & Civil Liberties |
| title | Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives |
| title_full | Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives |
| title_fullStr | Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives |
| title_full_unstemmed | Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives |
| title_short | Analyzing the prohibition of interfaith marriage in Indonesia: legal, religious, and human rights perspectives |
| title_sort | analyzing the prohibition of interfaith marriage in indonesia legal religious and human rights perspectives |
| topic | Human rights Interfaith marriage Pluralism Supreme Court Family, Child & Social Welfare Law Human Rights Law & Civil Liberties |
| url | https://www.tandfonline.com/doi/10.1080/23311886.2024.2308174 |
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