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Practice of Interfaith Marriages in Indonesia on Islamic Jurisprudence Salahuddin, Muhammad; Okti Nur Hidayah; Nurul Husnah; Wati, Felia
International Journal of Social Science and Religion (IJSSR) 2023: Volume 4 Issue 3
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v4i3.205

Abstract

This article discusses Islamic jurisprudence in responding to the practice of interfaith marriages in Indonesia. The practice of interfaith marriages in Indonesia has occurred, despite rejection from various Islamic circles. According to Islamic law, in this case the Indonesian Ulema Council (MUI) has prohibited the practice of marriage. This interfaith marriage cannot achieve the true goal of marriage. This research uses a normative approach using the Sadd Dzari'ah theory. Sadd Adzariah refers to actions that initially provide benefits, but end in losses. The conclusion of this research shows that the Sadd Dzari'ah concept in prohibiting interfaith marriages aims to prevent religious change and avoid potential conflicts within the family. Interfaith marriages can cause one of the Muslim partners to change their faith, so the clerics prohibit it to prevent negative impacts such as changing beliefs. In addition, restrictions on interfaith marriages aim to create peace in the family and prevent children who marry non-Muslims from following non-Muslim religions. This prohibition also aims to avoid divisions in the family.
Tradisi Maisi Sasuduik dalam Perkawinan Masyarakat Minangkabau: : Studi Interaksi Adat dan Hukum Islam Wati, Felia
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.380

Abstract

This study aims to analyze the sasuduik tradition in the minangkabau indigenous people, the influence of women’s social strata on the amount of “uang sasuduik”, the relationship between religion and custom, and its relevance to the marriage law. The maisi sasuduik tradition is the giving of a sum of money or goods that must be fulfilled by the man when he is about to marry a women based on an agreement made by the female ninik mamak and the male ninik mamak. This tradition only applies in Luhak Nan Limo Puluah which covers the entire Lima Puluh Kota and Payakumbuh City. This tradition is also called Adat Salingka Nagari because it only applies to one particular area and is not obligatory for other areas. This study departs from the theoretical framework of al-‘adah muhakkamah. Because, the maisi sasuduik tradition can be used as a behavioral attitude or habit in society. The research method used is qualitative research ehich uses more subjective qualitative with a legal anthropological approach that ficuses on studying the legal system in terms of human norms and culture. The main source for explaining this research is by conducting interviews with traditional leaders (datuak), cadiak pandai and indigenous people who understand the maisi sasuduik tradition in Nagari Andiang, Suliki District, Lima Puluh Kota District. Costoms and religion in Minangkabau Society cannot be separated as is the philosophy of life in Minangkabau: “Adaik basandi syarak, syarak basandi Kitabullah.”even though the maisi sasuduik tradition does not have written rules, the community still adheres to it because of the awareness of the law that exists in every individual in the community itself. Keywords: Maisi Sasuduik Tradition, Custom, Islamic Law, Minangkabau