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Journal : Jurnal Ilmiah Peuradeun

The Inter-Religious Marriage in Islamic and Indonesian Law Perspective Saepullah, Usep
Jurnal Ilmiah Peuradeun Vol 7 No 1 (2019): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (823.15 KB) | DOI: 10.26811/peuradeun.v7i1.317

Abstract

The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.
The Inter-Religious Marriage in Islamic and Indonesian Law Perspective Saepullah, Usep
Jurnal Ilmiah Peuradeun Vol. 7 No. 1 (2019): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v7i1.317

Abstract

The phenomenon of inter-religious marriage is problematic, controversial, and resulted debate among Muslim and non-Muslim relationship in Indonesia. It also not only becomes the social conflict among Muslim and non-Muslim couples, but also pro and contra among the others such as family and society. In the classical Islamic marriage law discourse (fiqh al-munakahat), there are two kinds of inter-religious marriage, namely marriage between Muslim men with non-Muslim women and marriage between non-Muslim men with Muslim women. Some Muslim scholars said that Muslim men allowed marrying non-Muslim women and non-Muslim men prohibited marrying Muslim women, which the reason is based on the concept of polytheists and the group of experts (Kitabiyyah). In contrast, some Muslim scholars in Indonesia rejected inter-religious marriage based on the reason that it has been changed and regulated under Marriage Law Number 1 of 1974 and President Regulation Number 1 of 1991 on Islamic Law Compilation. One the one hand, the phenomenon of inter-religious marriage is an interesting phenomenon in the society and on the other hand it will become the legal implication to the inheritance and children care rights in Islamic and Indonesian law perspective. Therefore, the aim of this paper is to examine comprehensively about the legal status of inter-religious marriage in Islamic and Indonesian law perspective, including its legal implication to the inheritance and children care rights.
Co-Authors Abdulah Pakarti, Muhammad Husni Abdullah Pakarti, Muhammad Husni Ade Jamarudin Ade Jamarudin Aden Rosadi Ahmad Fathonih Aidah, Yeni Alan Sparingga Alman, Jihan Fatiha Anggraeniko, Litya Surisdani Arif Maulana, Arif Azmi, Nofan Nurkhafid Basri, Jelyna Dede Kania Diana Farid Didi Sumardi, Didi Dzurriyyatus Sa'adah, Isqi Ending Solehudin Eva Novita Restu, Cut Farhi, Eriz Rizqiyatul Farid , Diana Farid, Diana Fu’ad, Asep Gussevi, Sofia H. Hamzah Hasan Bisri Hendriana Hendriana Hendriana Hendriana Hendriana, Hendriana Hidayat, Agi Attaubah Hidayat, Muh. Adistira Maulidi Hopipah, Eva Nur Husain Husain Husain Ikmal Hafifi Ilias, Ibtisam Ilyana Imam Sucipto Iwan Setiawan Jaenudin Jaenudin Jefry Tarantang Juang, Ahmad Syarifudin Khosyi’ah, Siah Kiking Mulyadi Kusmardani, Alex Litya Surisdani Anggraeniko Mahas, Nurul Hudayanti Mahmudah Mahmudah Maulida Zahra Kamila Melinda, Linda Mohamad Rana Muchamad Ikbal Muh. Adistira Maulidi Hidayat Muhamad Abdul Kholik Muhamad Kholid, Muhamad Muhammad Hishnul Islam Muhammad Husni Abdulah Pakarti Muhammad Husni Abdulah Pakarti Mukhlas, Oyo Sunaryo Mumtaz JR, Habib Murni Rossyani Mustakim, Merang Muttaqin, Tajul Nur Hopipah, Eva Nurohman Nurohman Nurrohman Nurrohman Syarif, Nurrohman Nuryamin Nuryamin, Nuryamin Ramdani Wahyu Sururie Ridwan, Ahmad Hasan Rifqi, encep Saepul Uyun, Yahya Safei, Abdulah Salsabila, Naila Seilla Nur Amalia Senja, Kinanti Sucipto, Imam Tajul Arifin Titing Oting Supartini WAHYUDI Wahyudi Wahyudi Wulan Permata Sari Yuniardi, Harry