Perkawinan Beda Agama Perspektif Hukum Positif, Kompilasi Hukum Islam, dan Fatwa Majelis Ulama Indonesia No. 4/MUNAS VII/MUI/8/2005)

Abstract

This research was motivated by the fact of the increase in interfaith marriage among the community. The cause of the emergence of interfaith marriage is due to the love between couples that cannot be separated so that they ignore the teachings and rules of the religion they follow. As a result, the human rights or legal vacuum of the state becomes the legal basis used by some parties to legalize interfaith marriage. This research focuses on the 1974 Indonesian Law on Marriage and the Compilation of Islamic Law as a basis for judges to reject interfaith marriage as well as risk analysis of interfaith marriage. This research uses qualitative research methods, with a literature review approach. The source of the research data was obtained from primary data in the form of Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, Complications of Islamic Law (KHI) Articles 40 and 44 Chapter VI combined with verses of the Qur'an and hadith. Then, secondary data in the form of relevant books or journals. The results showed that the legal validity of a marriage can only be determined by religious law, not state law. Thus, the state does not have the authority to legalize marital status, but only regulates the registration of marriages that are valid according to religion, the prohibition of marriage is because it has a greater risk when starting a family.