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All Journal Hasanuddin Law Review Journal Equity of Law and Governance
Abdul Ghofur Anshori
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Law, Crime, Criminology & Criminal Justice

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Legal Policy of Interfaith Marriage in Indonesia Hedi, Fathol; Anshori, Abdul Ghofur; Harun, Harun
Hasanuddin Law Review VOLUME 3 ISSUE 3, DECEMBER 2017
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (308.567 KB) | DOI: 10.20956/halrev.v3i3.1297

Abstract

Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.
Sources and Legal Principles of Islamic Inheritance* Dynamics in Indonesia Abdul Ghofur Anshori
Journal Equity of Law and Governance Vol. 2 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/elg.2.2.5767.157-165

Abstract

Islamic inheritance law is one of the important issues in Islam, and is a pillar between the pillars of law which is fundamentally reflected directly from sacred texts that have been agreed upon for its existence. The resutls show that The results of the research were brought to the formal discussion forum of the National Workshop in 1988. Subsequently, in 1991, the government of the Republic of Indonesia formalized the results of the study into an official regulation under the legal umbrella of Presidential Instruction R.I. No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI) as a result of the Workshop held on February 2 to 5, 1988, can be used by Government Agencies and by the public who need it as a guide in resolving problems in the fields of marriage, inheritance, and endowments. As a written formulation of the provisions of Islamic law in Indonesia, the Compilation of Islamic Law (KHI) is organized into several chapters and articles according to the object of the regulation. Specifically regarding Islamic inheritance, the arrangements are arranged in book II which consists of 6 chapters with 44 articles.
Co-Authors Fathol Hedi Harun Harun