Perkawinan Beda Agama Menurut Hukum Positif dan Hukum Islam

Abstract

Different religious marriages is indeed not a new thing for multicultural Indonesian society. This marriage has taken place in the community (in various social dimensions) and has been going on for a long time. However, this does not also mean that the issue of different religious marriages is not a problem, and even tends to always cause controversy among the people. There is an assumption that the cause is the existence of Law No. 1 of 1974 which does not accommodate problems of different religious marriages. The problem that arises lately is the number of people who have faith but have not converted to Islam. This is certainly a problem in addition to the many different opinions of the fuqaha towards different religious marriages. The basic concept in Islam is that if the polytheists have faithful then Muslims may marry him. Furthermore KHI which is based on the Inpres of 1991 no longer has legal force in the hierarchy of legislation and the Marriage Law also does not explicitly regulate the prohibition of different religious marriages. Marriage is one of the da'wah media calling for people to go on the right path under teachings sourced from the Qur'an and Hadith. With opportunities like this, it is hoped that through the marriage awaited candidates have faithful will receive guidance and teachings from their Muslim partners. By going through the emotional approach process, you can understand Islam well, so that you will become a Muslim and understand Islam fully in the future.