Eclecticism of Islamic Law and the Validity of Interfaith Marriages in Indonesia
Eclecticism of Islamic Law and the Validity of Interfaith Marriages in Indonesia
Nurrohman Syarif
Usep Saepullah
Tatang Astarudin
Muhammad Andi Septiadi
Abstract: Indonesian society is multi-ethnic and religious. Interfaith marriages continue to take place in Indonesia both openly and secretly and legal controversies about such marriages often come to the fore. The controversy is not only related to the validity of the marriage but also related to the protection by the State of couples of different religions. This article examines interfaith marriage in Indonesia from the perspective of Islamic law and fatwa (legal opinions) issued by Ulama (scholars of Islamic law). Placing these fatwa within the national legal system, this article makes suggestions for the State on how to protect the rights of citizens entering into an interfaith marriage. The main argument of this article is that all fatwa are based on the acceptable methodology of fiqh, therefore, the principle of eclecticism in Islamic law dictates that everyone has the freedom to follow the fatwa they consider appropriate. However, because the fatwa that forbids interfaith marriage is confirmed by the official Compilation of Islamic Law in Indonesia, Muslims in Indonesia should be encouraged to follow this fatwa. At the same time, this priority or preference for the fatwa does not deprive citizens of their right to follow other fatwa and the State should not neglect its duty to protect and record an interfaith marriage as a legal marriage.

Please Sign in if already registered Subscriber.


Please Register and make the necessary subscription payment to activate your account.

Adobe Reader