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All Journal Rusydiah: Jurnal Pemikiran Islam Contemporary Issues on Interfaith Law and Society
Siti Aisyah binti Samudin
University of Malaya, Malaysia
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Construction of Interfaith Marriage in Indonesia: Legal Reasoning and Multireligious Ratio Legis Erfaniah Zuhriah; Su'ud Fuadi; Imam Sukadi; Jamrud Qomaruz Zaman; Siti Aisyah binti Samudin
Contemporary Issues on Interfaith Law and Society Vol. 5 No. 1 (2026): Interfaith Dialogue and the Rule of Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v5i1.39979

Abstract

Supreme Court Circular Letter No. 2 of 2023, which prohibits interfaith marriage in Indonesia, continues to generate constitutional and legal debate. Opposition is largely based on universal human rights arguments, while support emphasizes religious and moral values. This study examines the ratio legis of the prohibition within the framework of Indonesia’s Staatsfundamentalnorm. Using normative legal research with statutory, philosophical, and case-based approaches, the study finds that both doctrinal-deductive and non-doctrinal (pragmatic)-inductive reasoning support the interpretation that the prohibition aims to protect the right to religious observance and implement the first principle of Pancasila as a constitutional value. At the same time, the regulation reflects an ongoing tension between the protection of religious values and the recognition of universal human rights in Indonesia’s pluralistic legal system. The implementation of the prohibition is hindered by several legal lacunae, including regulatory disharmony, ambiguity regarding marriages conducted abroad, the use of legal circumvention strategies, and the persistence of unregistered (siri) marriages. To strengthen legal certainty and governance of diversity, this study proposes: (1) statutory regulation of interfaith marriage prohibitions that accommodates religious and cultural considerations; (2) harmonization of related regulations; (3) application of the nationality principle; (4) marriage annulment based on apostasy; and (5) prohibition of siri marriages accompanied by punitive sanctions. These measures are intended to enhance legal certainty, protect rights, and improve the management of diversity within Indonesia’s multicultural legal system through stronger institutions and greater public legal awareness. 
Nurcholish Madjid’s Contextual Qur’anic Hermeneutics: Epistemology and the Relationship between Religion and State in Indonesia Fadil Fadil; Jamrud Qomaruz Zaman; Isroqunnajah Isroqunnajah; Siti Aisyah binti Samudin
RUSYDIAH: Jurnal Pemikiran Islam Vol. 7 No. 1 (2026)
Publisher : STAIN Sultan Abdurrahman Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35961/rsd.v7i1.2652

Abstract

The relationship between Islam and the state in Indonesia’s pluralistic society presents challenges in understanding the teachings of the Qur’an in ways that remain relevant to the socio-historical context without losing their normative dimensions. Within this discourse, Nurcholish Madjid’s thought through contextual Qur’anic hermeneutics is important to examine because it seeks to connect the normative message of revelation with Indonesia’s social and national realities. This research aims to analyze the epistemology of contextual Qur’anic hermeneutics in Nurcholish Madjid’s thought, particularly in understanding the relationship between religion and the state. This is qualitative research using a library research approach. Primary data consist of Nurcholish Madjid’s works, while secondary data comprise relevant academic literature. Data were collected, selected, and verified through comparison across sources, and then analyzed using cultural theme analysis and contextual hermeneutics by connecting socio-historical context, linguistic aspects, interpretive principles, and the moral objectives of the verses. The findings indicate that Nurcholish Madjid’s contextual hermeneutics does not stop at literal meanings but connects historical context, moral messages, and contemporary social realities, as reflected in his interpretation of the concepts of din and Allah. This approach contributes to developing an inclusive understanding of Islam, fostering tolerance, and establishing harmonious relations between religion and the state, with Pancasila as a common national ground. However, contextualization requires epistemological boundaries to ensure that the exploration of the Qur’an’s universal values does not eliminate the specific meanings of the text and the normative principles of Islam.
Co-Authors Erfaniah Zuhriah Fadil Fadil Imam Sukadi Isroqunnajah Isroqunnajah Jamrud Qomaruz Zaman Su'ud Fuadi