Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 8 No 2 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam

INTERFAITH MARRIAGE IN INDONESIAN LEGAL PLURALISM: NEGOTIATING STATE LAW, ISLAM, AND SOCIAL REALITIES

Ahmad Asif Sardari (IAIN Sultan Amai Gorontalo)
Andi Muhammad Fuad (Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo)
Muammar Rahman (Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo)
Asfar Rinaldy (Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo)
Hamka Hamka (Universitas Islam Ahmad Dahlan Sinjai)



Article Info

Publish Date
29 Sep 2026

Abstract

Interfaith marriage places Indonesian law at the intersection of state authority, Islamic norms, and social practices. This article examines how legal pluralism operates in regulating interfaith marriage, how the legal landscape has shifted following Supreme Court Circular Letter No. 2 of 2023 and Constitutional Court decisions through 2026, and what consequences arise for family recognition and protection. The study employs normative legal research using statutory, case, and conceptual approaches, while findings from previous empirical studies are used to illuminate its social dimensions. The findings reveal four points. First, legal pluralism in marriage operates hierarchically because the state recognizes religion as the primary basis of marital validity. Second, post-2023 developments demonstrate judicial consolidation, although legislative coherence remains incomplete. Third, restricting judicial avenues does not eliminate negotiation but shifts it to familial, religious, administrative, and individual domains. Fourth, greater certainty regarding validity and registration has not always been accompanied by equivalent certainty in protecting legal consequences. Therefore, marital validity, registration, and family protection should be treated as three interconnected yet legally distinct dimensions.

Copyrights © 2026






Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...