Analysis of Decision of Surabaya State Court Number 916/Pdt.P/2022/PN. Sby on Interreligious Marriage Review of DUHAM Positive Law and Maqashid Shariah

Abstract

Interfaith marriage is a new phenomenon that has surfaced in Indonesia with the circulation of court decisions that allow interfaith couples to marry, one of the most recent being the Surabaya court decision Number 916/Pdt.P/2022/PN.Sby. In his decision, he ordered the Department of Population and Civil Registry of the City of Surabaya to record interfaith marriages in the register. While the basis used by the plaintiff included, among others, Article 27 of the 1945 Constitution, Article 10 Paragraph 1 of Law Number 39 of 1999 concerning Human Rights, Jurisprudence. The main problem in this writing is the extent to which interfaith marriage arrangements are viewed from the United Nations Declaration of Human Rights (UDHR), Positive Law, and Islamic Law with the Maqasid Syari’ah approach. The writing method used is normative research with descriptive qualitative processing and analysis. The results of this study conclude that interfaith marriages are invalid by looking at the current conditions, referring to the Al-Qur’an Surah Al-Baqarah verse 221, Al-Mumtahanah verse 10, and Al-Maidah verse 5.
 Keywords: analysis, court decision, interfaith marriage