Legitimacy on Inter-Faith Marriages: An Analysis of the Role of Religious Councils on the Policy in Indonesia

Abstract

The legal vacuum for of inter-faith marriage is one of the unresolved issues in Indonesia, especially with regard to civil rights. Indonesia’s Marriage Law No. 1 of 1974 has not accommodated the legal policy of marriage between different religions. Moreover, there are some different views between religious leaders on the permissibility of the inter-faith marriage. This study attempts to analyse the relations between Indonesia’s Religious Councils and the legal policies on inter-faith marriages. Data was collected through observation and semi-structured interviews with the representative of Indonesia’s religious councils from six religions. This article finds that Indonesia’s Religious Councils have no role by any means in the formation of legal policies related to inter-faith marriage in Indonesia since the Marriage Law had been created before the Religious Councils established. Regarding the legitimacy of inter-faith marriage, the religious leaders offered conflicting statements. Several religious leaders still decided to stay with the prohibition of interfaith marriage based on the popular religious traditions and the constitutional realm. Albeit religious leaders favour or disfavour inter-faith marriage, the practice is still widely flourished and rapidly increased. This observable fact should be an important reason for the Constitutional Court either to grant or deny the practical of inter-faith marriage in Indonesia.