Interfaith Marriage in Indonesian Jurisprudence: Study Case on State Court Decision, Number 916/Pdt.P/2022/Pn.Sby

Abstract

The research entitled "Different-Religious Marriage in Indonesian Jurisprudence: Study of Determination of Number 916/PDT.P/2022/PN.SBY" is research to answer the formulation of the problem: "How are judges' considerations in Determining Number 916/PDT.P/2022/PN. SBY?” and "How is the analysis of the legal opinions of Nahdlatul Ulama, Muhammadiyyah and the Indonesian Ulema Council regarding the Decree Number 916/PDT.P/2022/PN.SBY?" This research is Library Research using Normative Islamic Law research methodology. The findings of this study are that the Surabaya District Court granted the request for interfaith marriage by the applicants with several considerations, namely: (1) the fulfilment of the formal requirements, (2) entering the realm of the District Court; (3) the right to defend their religious beliefs; (4) The right to form a household and offspring, (5) the applicants love each other and agree to marry; (6) parents agree; (7) the applicant has married with their respective religions; (8) Interfaith marriage is not prohibited; (9) procedures for interfaith marriages are different from general marriages; and (10) The judge considered that the applicants renounced their religious beliefs which did not allow interfaith marriages. Nahdlatul Ulama, Muhammadiyyah and the Indonesian Ulema Council view interfaith marriages as illegal and illegitimate. An important condition for marriage is to build a family that is sakinah, mawaddah and full of grace, not just love one another. Parental permission is indeed important. However, if it causes a Muslim to give up his faith, then it should be something that is not followed.