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All Journal Contemporary Issues on Interfaith Law and Society An-nisa: Journal of Islamic Family Law
Najihah, Fateema Muslihatun
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Religion Law, Crime, Criminology & Criminal Justice Other

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Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law Ramadhan, Rafli Zidan Eka; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Najihah, Fateema Muslihatun; Kusuma, Bagus Hendradi
Contemporary Issues on Interfaith Law and Society Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

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Abstract

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.
The Law of Adoption of Children Out of Wedlock in the Perspective of Islamic and Indonesian Law Amar Yusuf Abdurrohman; Misbahuzzulam; Abdulah Pakarti, Muhammad Husni; Sajid, Imran Ahmad; Najihah, Fateema Muslihatun
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.347

Abstract

The adoption of children from extramarital relationships is a complex legal issue because it involves legal, social, and religious dimensions at the same time. This study aims to analyze the comparison of the regulation of adoption of children out of wedlock in Islamic law and positive law in Indonesia, especially related to the legal status of children, civil relations, and the implications of their rights. This research uses a normative-juridical approach with a comparative legal method, through an examination of laws and regulations, court decisions, fatwas, as well as relevant Islamic law and national law literature. The results of the study show that in Indonesia's positive law, children out of wedlock can obtain a civil relationship with their biological father as long as it is scientifically proven and determined through legal mechanisms, but does not automatically obtain inheritance rights from adoptive parents except through grants or mandatory wills. Meanwhile, Islamic law views the adoption of children in the form of kafālah, which emphasizes the parenting aspect without changing the child's nasab, inheritance rights, and marital status. The difference in principle between the two legal systems poses normative challenges in the practice of child protection, so an integrative approach is needed that is able to ensure the best interests of children without ignoring Islamic sharia values. This research contributes by offering a conceptual framework for harmonization between Islamic law and national law in the regulation of out-of-wedlock child adoption based on the protection of children's rights.
Co-Authors Abdulah Pakarti, Muhammad Husni Abidah, Shofriya Qonitatin Amar Yusuf Abdurrohman Kusuma, Bagus Hendradi Misbahuzzulam Ramadhan, Rafli Zidan Eka Rohadhatul Aisy Sajid, Imran Ahmad