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All Journal Asas wa Tandhim: Jurnal Hukum, Pendidikan, dan Sosial Keagamaan Proceeding Of International Conference On Education, Society And Humanity
Mudakir, Kharis
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Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Keabsahan Perkawinan Beda Agama Ada Di Tangan Hakim? Mudakir, Kharis
Asas Wa Tandhim: Jurnal Hukum, Pendidikan Dan Sosial Keagamaan Vol. 3 No. 1 (2024)
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/awtjhpsa.v2i2.2253

Abstract

This research explores the controversy that still occurs surrounding the Judge's approval in registering marriages between individuals of different religions, even though many religions and laws prohibit interfaith marriages. This research seeks to analyze the factors that are taken into consideration by judges in their decisions, in accordance with relevant laws and regulations in marriage law and the KHI (Compilation of Islamic Law). The research method used is qualitative, especially library research. This approach uses a normative legal approach as an analytical tool which aims to provide a comprehensive understanding of existing problems. The findings of this research highlight the important role of judges in determining the validity of interfaith marriages. Decision Number 508/Pdt.P/2022/PN JKT.SEL was granted, while Decision Number 71/Pdt.P/2017/PN Bla was rejected. The judge's interpretation of Article 2 paragraph (1) of the Marriage Law plays an important role in the validity of interfaith marriages, even though there are quite significant differences with the Compilation of Islamic Law.
A HUMAN RIGHTS REVIEW OF INTERFAITH MARRIAGE: BETWEEN THE UNIVERSALITY OF WESTERN HUMAN RIGHTS AND THE CONTEXT OF ISLAMIC SHARIA Mudakir, Kharis; Nicko, Abed; Suprianto, Agus
PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY Vol 2, No 2 (2024): Third International Conference on Education, Society and Humanity
Publisher : PROCEEDING OF INTERNATIONAL CONFERENCE ON EDUCATION, SOCIETY AND HUMANITY

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marriage is a sacred promise made by a man and his partner to become husband and wife. Basically, each religion has its own provisions regarding marriage. In fact, many interfaith marriages are found, especially this finding is found in Indonesia, where interfaith marriages are carried out so that this practice is a topic of discussion until now, and in practice, many Muslims still practice interfaith marriages. In this library research study, the aim is to examine how Western human rights and Islamic human rights view the practice of interfaith marriage in Indonesia. The results of this study show that from a Western human rights perspective, it can be concluded that the Compilation of Islamic Law as the legal basis for interfaith marriage in Indonesia is not in accordance with universal human rights principles that are anthropocentric in nature. Freedom of religion seems to be a threat to the Western view of human rights in Indonesia. Meanwhile, in Islamic human rights, the prohibition of interfaith marriage in the Compilation of Islamic Law is a natural and correct thing from an Islamic human rights perspective. Human rights and norms in society. In terms of freedom to form a family, religious values must be prioritized over anthropocentrism. This is what differentiates it from anthropocentric Western human rights. Islamic human rights not only recognize the rights of fellow human beings (lawful worship) but this right is based on the basic human obligation which is binding to serve Allah SWT (God bless you) which is theocentric in nature.
Co-Authors Nicko, Abed Suprianto Suprianto