How Does Islam View Interfaith Marriage? This is the Explanation of a Lecturer at FAI UM Surabaya

21 Jun
2022

Ilustrasi gambar (Freepik)

How Does Islam View Interfaith Marriage? This is the Explanation of a Lecturer at FAI UM Surabaya

These days, social media is lively with the news of the granting of requests for registration of marriages to couples of different religions. The request was granted through the Decision of the Surabaya District Court Judge number 916/Pdt.P/2022/PN.Sby.

In his decision, the Surabaya District Court Judge granted the request of RA, who is Muslim and EDS, who is Christian, to carry out interfaith marriages before the Officers of the Surabaya City Population and Civil Registry Office (Dispendukcapil).

Whereas previously, the application for marriage registration submitted by the two was rejected by the Surabaya City Population and Civil Registry Office on the grounds of different religions.

The busyness of this case attracted the attention of a Lecturer at the Faculty of Islamic Religion (FAI) UM Surabaya Gandung Fajar Panjalu to provide a response.

According to Gandung, Indonesian society is a society that considers religion as one of the important things in their lives. Based on a survey conducted by the Paw Research Center, it shows that Indonesia is a country with a high level of religiosity and places religion as an important matter.

In article 1 of the Marriage Law (UUP) Number 1 of 1974, it is stated that "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and prosperous family (household) based on Belief in the One Almighty God." .

Furthermore, article 2 of the UUP states that "marriage is legal, if it is carried out according to the laws of each religion and belief". This shows that every Indonesian citizen who wants to marry must comply with the rules of the religion he adheres to regarding marriage.

For Indonesian citizens who are Muslim, in the case of marriage they are also bound by marriage law as in Book I of Marriage Law in the Compilation of Islamic Law (KHI) which has been stipulated through Presidential Instruction (Inpres) Number 1 of 1991.

"This is explained in article 40C regarding the prohibition of a Muslim man marrying a non-Muslim woman, and vice versa as in article 44," Gandung explained Tuesday (21/6/22)

In a written statement, Gandung explained that there are two basic reasons that make interfaith marriage unacceptable in Islam.

First, because it contradicts the texts or arguments in the Qur'an and al-Hadith. This argument is contained in Q.S Al-Baqarah 221 which prohibits marriage with polytheistic partners.

Meanwhile, the reasons for the permissibility of marriage with people of the book have been reconstructed in the socio-cultural context that occurred at that time as the 'illat legal permissibility, for example related to da'wah and considering the number of Muslim Ummah.

"Second, because interfaith marriages are not in accordance with the objectives of establishing Islamic law (Maqashid Sharia). As is known, the purpose of Maqasid Syariah includes five things, namely protecting religion, life, property, lineage and reason," he added.

Furthermore, according to Gandung, interfaith marriage is not only against the principles of religious care (hifdh al-diin) but also with four other things. This is because family and religious issues have their own complexities that are intertwined.

Gandung gave an example related to protecting assets (hifdh al-maal), that interfaith marriages will have a major impact on property issues.

"For example related to the management of joint assets, distribution of inheritance, and so on. Likewise with the issue of protecting offspring (hifdh al-nasb), that interfaith marriages are related to the legal status of children's civil rights, lineage of children, child guardianship, and so on," he concluded.

Tags: agama islam nikah fai