Saturday, September 1, 2012


Interfaith marriage; Overview of Islamic Law and State Law

1 September 2012Posted by: M Yusuf ArifinIndonesian society is a pluralistic society, especially when viewed in terms of ethnicity / race and religion. Consequently, the Indonesian people live their lives faced with a difference - a difference in a variety of ways, ranging from culture, way of life and interaction between individuals. The concern of the government and other components of the nation is a matter of inter-religious relations. One issue in the relationship between religious communities is a problem with the non-Muslim Marriage Muslim henceforth we refer to as "interfaith marriage 'Marriage is part of the human person, a Muslim living in a diverse country such as this almost certainly is difficult to avoid the contiguity and interaction with people of different religions. In this position, male or female Muslim interest with people with different religious or otherwise, which led to marriage almost certainly inevitable. In other words, the issue of interfaith marriage will almost certainly occur in any pluralistic society.
The state of Indonesia's diverse society makes intercourse more extensive and diverse, this has resulted in a shift in values ​​religion more dynamic than in the past, a Muslim and Muslimat now more willing to choose the life partner of a non-Muslim. This is of course regarded by our society as a Muslim majority or shift blame Islamic values ​​that exist. Not infrequently, this often creates turbulence and strong reactions in our society. This problem is caused disagreement between the two, pros and cons, each party has a rational argument and logical arguments from their respective interpretations of the Islamic evidences about interfaith marriage.Marriage laws vary Religion in IslamDifferent beliefs marriage problems is actually divided in 2 cases of circumstances, among others:Case 1: Marriage between male non-Muslims with Muslim womenCase 2: The marriage between Muslim men to non-Muslim womenIn the first case the two sides agreed to forbid clerical marriage that occurs in such circumstances, a Muslim woman is unlawful and invalid marriage when men marry non-Muslims the Qur'an describes in Surah Al-Baqarah 221 And do not marry women -idolatrous women, before they believe. Truly believing slave woman is better than a woman polytheists, even though he impress you. And do not marry idolaters (with women believers) before they believe. Truly believing slave is better than the idolaters even though he impress you. They invite you to hell, while Allah invites to Paradise and forgiveness by His leave. And Allah explains His verses (His commandments) to mankind that they may take heed. (Surat Al-Baqarah verse 221)Meanwhile in the second case. A Muslim males are prohibited from marrying non-Muslim women but women of the book, as mentioned in surah Al-Maidah paragraph 5 On this day you are lawful good. The food (slaughtered) those who were given the Book is lawful for you, and your food is lawful for them. (And lawful marriage) women who guard of honor among the believing women and the women who guard of honor among those who were given the Book before you, when you have paid their dowry in order to marry her, not with the intention adultery and not (also) make concubines. Those who disbelieved after believing (not accept Islamic law) then erase deeds and he was in the hereafter among those lost. (Al-Maaidah Paragraph 5)In Surah Al-Baqarah verse 221 bright explained that: Neither men nor women have the prohibition to marry or married by a polytheist .. and in Surat al-Maida described return for a man, be married EXPERT BOOK. However, there are some opinions that the scribes here are not adherents of the gospel, or the law existing at the time ini.Ahli book is meant here is that those who bersyahadat Recognize GOD but will not acknowledge the existence of Muhammad.Religious marriages under state law:Marriage in Indonesia is regulated by Law No. 1 of 1974 on Marriage. Under the bill defined marriage as a bond between the inner and outer man and one woman as husband and wife with the intention of forming a family or household who are happy and eternal by Belief in God Almighty. Therefore, in the same law stipulates that marriage is valid if conducted according to the laws of each religion or belief, and has been recorded in accordance with the legislation in force.Opinions vary on Marriage Religion:· A professor of the Faculty of Law, University of Indonesia, Prof.. Dr. Muhammad Daud Ali (late) describes in his book bejudul "Adherent Marriage Between Different Religions." Marriage between people of different religions is a deviation from the general pattern of a true marriage according to religious law and Marriage Act in force in the country we. For these irregularities, despite a reality in society, not necessarily made its own rules, does not need to be protected by the state. Giving legal protection to citizens who commit acts contrary to the ideals of Pancasila as the fundamental law of the nation and the state as well as the rules of religious law in force in Indonesia, in my opinion than to be unconstitutional, nor legal.· Prof. HM Rasjidi, RI The first religious minister, in his article in the Daily Abadi August 20, 1973 edition, highlighting a sharp Marriage Bill which in Article 10 paragraph (2) says: "The difference due to nationality, ethnicity, race, country of origin, place of origin, religion, trust and descent, not a barrier to marriage.A clause in the bill clearly wants to adopt the Universal Declaration of Human Rights Article 16 which states: "Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and form a family. They have the same rights with relation to marriage, during marriage and in the matter of divorce. "special about the chapter 16, Hamka wrote a very sharp conclusion: "Therefore it is considered infidels, fasiq, and unjust, people who leave the Muslim Sharia law is real clear. moved depends on the "Rights of Man," which was passed in Congress San Francisco, by some members who made the "Rights" itself because there is no guarantee that the religion they profess.Interfaith marriages that exist at the moment:Although it has been banned, interfaith marriage is still underway. Various methods are adopted, to get recognition from the State. there are some popular ways that interfaith couples pursued marriage can take place.

Morning-religious married men, married noon accordance with religious women.
One of the bride and groom either male or female caving pasangannya.lalu follow the religion after marriage he returned to his religion.
Married outside the countryFor interfaith marriage that exists today, former Minister of Religious Quraish Shihab found to be restored to their respective religions. What is clear in the fabric of marriage between husband and wife, the first must be based on equality of religion and belief in life. However, in the case of interfaith marriage, it must be assured of the religion of their husbands and wives to respect their partner's religion. "So no mutual blocking to worship according to their religionDissenting opinion delivered on the UI faculty of Islamic law Farida Prihatini. Farida affirm that the MUI prohibits interfaith marriage. In principle, not only Islam. "All religions do not permit interfaith marriages. His people are looking for opportunities. Marriage is invalid, considered no perkwianan, no heir, his son also joined the legal relationship with his mother. Farida jg assess indecisive government. Although the law does not permit interfaith marriages, but the Civil Registry Office can accept interfaith marriage registration is done abroad. In fact, the Civil Registry Office is a product of the country. Thus, it should be noted that KCS is in accordance with the laws of Indonesia. "The law is not valid. If we take legal actions abroad, the new legal according to the law and in accordance with the laws of our country where we are. Should the civil registry office should not be taking notes,ConclusionProhibition of marriage between different religions was apparently motivated by the expectation of the birth sakinah in the family. How to educate children mereka.karena basically a child will be confused to follow his father or ibunya.Perkawinan will be lasting and peaceful way of life if there is compatibility between husband and wife, because let religious differences, cultural differences, or differences in education levels between husband and wife were not infrequently result in failure of the marriage.

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