INTERFAITH MARRIAGE CONTROVERSY IN THE PERSPECTIVE OF FIQIH AND POSITIVE LAW

Abstract

Interfaith marriage has become a controversial issue in Indonesia. The hesitation of interfaith couples to pursue their relationships to a more serious level, namely marriage, is hampered by the lack of clarity in existing regulations. Referring to Marriage Law Number 1 of 1974, the concept of interfaith marriage is not explained in detail; the law only covers mixed marriages (citizenship). The purpose of this study is to understand the concept and legal consequences of interfaith marriage. The research method is qualitative research using normative juridical research methods. Qualitative research also includes methodologies used for research procedures that produce descriptive data. Descriptive data is data written using detailed words. In this study, the researcher also used a normative juridical approach with the technique used to collect data is by examining library materials. Data obtained from library research will then be systematically compiled and processed with qualitative descriptive analysis, which will then provide conclusions from the analyzed data. The research concluded that interfaith marriage is a contract of engagement in the form of a marriage between a man and a woman who is Muslim and a woman who is not Muslim, thus causing the marriage to be invalid because the marriage contract was not carried out in the same religion.