Al-Istinbath: Jurnal Hukum Islam
Vol 7, No 2 November (2022)

Interfaith Marriage: Subjectivity of the Judge in Determination of No. 454/pdt.p/2018 Surakarta District Court

Diana Farid (Sekolah Tinggi Agama Islam Darul Arqam Muhammadiyah Garut)
Muhammad Husni Abdulah Pakarti (Universitas Muhammadiyah Bandung)
Hendriana Hendriana (Universitas Muhammadiyah Bandung)
Iffah Fathiah (Unknown)



Article Info

Publish Date
01 Dec 2022

Abstract

This research discusses mixed marriage which is very controversial in society, even though most religions have prohibited the practice of mixed marriage. In Decree No. 454/Pdt.P/2018/PNSKt. The judge allowed the marriage of someone of a different religion, even though the Marriage Law clearly does not regulate and returns to the laws of each religion. HKI (Compilation of Islamic Law) prohibits the practice of interfaith marriage as stated in Article 40 letter c. This study aims to analyze the judge's considerations in granting or rejecting interfaith marriages with the applicable laws in the marriage law and KHI (Compilation of Islamic Law). The research method used is qualitative (library research) with a normative legal approach as an analytical tool to describe existing problems and gain insight. The results of this study indicate that the determination of interfaith marriages in Decision No. 454/pdt.p/2018, it is only the subjectivity of judges in interpreting Article 2 (1) of the Marriage Law and legalizing interfaith marriages which are in stark contrast to the Compilation of Islamic Law which has been in force in the Religious Courts in Indonesia.

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Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...