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All Journal Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Andi Muhammad Fuad
Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

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INTERFAITH MARRIAGE IN INDONESIAN LEGAL PLURALISM: NEGOTIATING STATE LAW, ISLAM, AND SOCIAL REALITIES Ahmad Asif Sardari; Andi Muhammad Fuad; Muammar Rahman; Asfar Rinaldy; Hamka Hamka
Jurnal Al-Ahkam: Jurnal Hukum Pidana Islam Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam
Publisher : Universitas Islam Ahmad Dahlan (UIAD)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47435/al-ahkam.v8i2.4792

Abstract

Interfaith marriage places Indonesian law at the intersection of state authority, Islamic norms, and social practices. This article examines how legal pluralism operates in regulating interfaith marriage, how the legal landscape has shifted following Supreme Court Circular Letter No. 2 of 2023 and Constitutional Court decisions through 2026, and what consequences arise for family recognition and protection. The study employs normative legal research using statutory, case, and conceptual approaches, while findings from previous empirical studies are used to illuminate its social dimensions. The findings reveal four points. First, legal pluralism in marriage operates hierarchically because the state recognizes religion as the primary basis of marital validity. Second, post-2023 developments demonstrate judicial consolidation, although legislative coherence remains incomplete. Third, restricting judicial avenues does not eliminate negotiation but shifts it to familial, religious, administrative, and individual domains. Fourth, greater certainty regarding validity and registration has not always been accompanied by equivalent certainty in protecting legal consequences. Therefore, marital validity, registration, and family protection should be treated as three interconnected yet legally distinct dimensions.
Co-Authors Ahmad Asif Sardari Asfar Rinaldy Hamka Hamka Muammar Rahman