Yuridika
Vol. 38 No. 1 (2023): Volume 38 No 1 January 2023

Interfaith Marriage in Indonesia: a Critique of Court Verdicts

M. Ya'kub Aiyub Kadir (Syiah Kuala University (Unsyiah))
Fachrian Rzki (Unknown)



Article Info

Publish Date
01 Jan 2023

Abstract

This paper investigates the deviation of court decisions legalising interfaith marriage, as against Article 1 and Article 2 Paragraph (1) of Act Number 1 of 1974 concerning Marriage. Such a notion is discussed by the norms of six major religions in Indonesia. This paper utilises the doctrinal approach by analysing norms and their interpretation in practice. Doing so reconfirms the validity of marriage based on the One and Only God in which its performance ought to follow the rule of the respective religion and faith, which invalidates marriages between people of different religions. Interfaith marriage may be considered legal by one religion but unlawful by another. It simply means that the conformity between religious laws will render the status of legality of interfaith marriage. This paper found there is possibility that interfaith marriage may considered legal. Nevertheless, the judge and all concerned parties need to be aware of the laws of the respective religions and beliefs if one prohibits interfaith marriage. Even if the other permits it, the marriage will be considered unlawful by the prohibiting religion.

Copyrights © 2023






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...