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All Journal RESLAJ: Religion Education Social Laa Roiba Journal Adagium: Jurnal Ilmiah Hukum
Ulinnuha Abdurrahman
UIN Sunan Ampel Surabaya
Religion Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Antara Teks dan Realitas : Analisis Hadist Pernikahan Beda Agama dalam Konteks Pluralisme di Indonesia Ulinnuha Abdurrahman; Masruhan Masruhan; Nurlailatul Musyafaah
Reslaj: Religion Education Social Laa Roiba Journal Vol. 8 No. 5 (2026): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v8i5.10563

Abstract

Marriage is a crucial social and religious institution in Indonesia's plural society, where Islamic Sharia strongly emphasizes the importance of shared faith (aqidah) between spouses. Normatively, the Qur’an and hadiths provide strict limitations on the practice of interfaith marriage due to concerns about serious problems in aspects of worship, child education, and the integrity of the family's faith. In the context of Indonesian positive law, although Law No. 1 of 1974 states that the validity of marriage depends on respective religious laws, there was briefly a legal loophole allowing the registration of interfaith marriages, which was subsequently affirmed closed by the Supreme Court. This article examines this issue through Normative Legal Research using a philological approach to the Prophet’s hadiths such as the story of Sayyidah Zainab and the athar (narration) from Ibn Umar and linking it to the context of pluralism and positive law in Indonesia. The analysis shows that the provision in the hadith about the marriage of Sayyidah Zainab and Abu al-‘Ash was abrogated (mansukh) after the revelation of the verses Al-Baqarah 221 and Al-Ma’idah 5, and the athar of Ibn Umar affirms the prohibition of marrying women of the People of the Book, reflecting a spirit of caution in safeguarding family faith. The results of this study affirm that both Islamic Sharia and state law especially through SEMA No. 2 of 2023 are aligned in rejecting interfaith marriage. Thus, pluralism in Indonesia is interpreted as affirming peaceful coexistence without sacrificing one's religious identity, making interfaith marriage a theological, legal, and socio-cultural problem that must be avoided.
The Effectiveness of PERMA No. 1 of 2016 in Surabaya Religious Court Mediation, 2023–2025: A Legal-System Analysis Sulafah Deifa Fazaroh Adhellia; Ulinnuha Abdurrahman; Ahmad Wildan Rofrofil Akmal
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/2s97zk53

Abstract

This study examines the effectiveness of Supreme Court Regulation (PERMA) No. 1 of 2016 on Court Mediation Procedures through the fluctuating mediation success rates across all case types at the Surabaya Religious Court from 2023 to 2025. It asks how mediation success fluctuated during this period and how the regulation’s effectiveness can be read through Lawrence M. Friedman’s legal system theory. This normative legal research employs statutory and conceptual approaches, treating the court’s annual activity reports as secondary legal materials analysed qualitatively and prescriptively. The findings show that the success rate moved from 45.10% (2023) to 93.16% (2024) before falling to 71.55% (2025), while mediation reached only 8.70–9.45% of the cases decided each year. In terms of legal substance, PERMA No. 1 of 2016 provides no standard operational definition or indicator of mediation success. In terms of legal structure, the court faces a shortage of judges, limited funding for external mediators, and inconsistent reporting. In terms of legal culture, an orientation toward numerical targets and performance awards risks displacing the meaning of substantive peace. The study recommends standardised success indicators that distinguish full settlement, partial agreement, and case withdrawal, so that mediation statistics can serve as a reliable measure of the regulation’s effectiveness.
Co-Authors Ahmad Wildan Rofrofil Akmal Masruhan Masruhan Nur Lailatul Musyafaah Sulafah Deifa Fazaroh Adhellia