Interreligious Marriage Research Articles

A Comparative Study on Different Gotra Marriages Versus Inter-caste and Inter-religious Marriages: Cultural, Social, and Genetic Implications

This paper investigates the cultural, social, and genetic implications of different Gotra marriages versus inter-caste and inter-religious marriages. Utilizing a multidisciplinary approach, including forensic psychology, DNA fingerprinting, and forensic genetics, this comparative study explores the psychological, social, and genetic diversity in these forms of marriage. A review of literature, methodological approaches in genetic forensics, and forensic psychology are used to understand how societal norms, mental health, and genetic diversity intersect in these marriage types.

Juridical Analysis of the Comparison of Different Religious Marriage Laws Based on the Adminduk Law Article 35 with SEMA No 2 Years 2023 Concerning Marriage Registration

Interfaith marriage is an issue that has not been resolved to date. In current practice in Indonesian society, interfaith marriage processions are generally carried out by carrying out the marriage with a religious procession each of which is followed by the prospective husband and wife or in the sense that there are two religious processes being carried out or only carrying out one religious procession or what generally happens is not carrying out religious processions at all so that it does not comply with Article 2 paragraph (1) of the Marriage Law regarding valid marriages. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the Hierarchy of Legislation in Indonesia. If it is related to the Civil Admin Law Article 35 with SEMA Number 2 of 2023, the legal force of SEMA has a lower hierarchy than the law. Therefore, it can be concluded that the provisions contained in the Administer Law cannot be changed by SEMA Number 2 of 2023. However, this SEMA still influences the direction for judges not to grant requests for inter-religious marriages.

PERKAWINAN BEDA AGAMA PASCA SEMA NO.2 TAHUN 2023 (Analisa Yuridis Sosiologis Perkawinan Beda Agama di Indonesia)

A small number of marriages of different religions in Indonesia are carried out because they have received court approval. The reason used as a basis is because religion is an absolute right of every person that cannot be forced and marriage is a citizen's right guaranteed by the State. This reason encourages researchers to study the problems of interfaith marriages mentioned above. The research method currently being carried out is library research, namely research that applies a conceptual approach by expressing various opinions of legal experts regarding marriage between people of different religions. The results of the research show that inter-religious marriages have two different interpretations: first, the marriage is declared valid and can be carried out based on 4 grounds, namely: 1) interpretation of the Marriage Law article 2, that marriages of different religions may be carried out, 2) The reason for submission is based on Supreme Court decision Number. 1400 of 1986, 3) Article 35 of the Adminduk Law, and 4) based on the reason that people whose marriages are not registered at the KUA, can be allowed to be united in one family and have a KTP with marital status written on it, as per the regulations in the Minister of Home Affairs Regulation No. 9 of 2016. Second, some reject interfaith marriages based on: 1) Article 2 of Law no. 1 of 1974 (with the interpretation that marriage must be of the same religion), 2) Article 4 of the KHI which prohibits marriages other than Muslims, 3) MUI Fatwa No. 4 of 2005, 4) Results of NU Congress No. 28 of 1989 and Tarjih Muhammadiyah No. 22 of 1989, 5) MK no. 56/PUU-XV/2017.

The Efforts of the Pastor as a Christian Educator in Preventing Interreligious Marriages for Young Christian Youth

Humans live in various tribes, nations, cultures, customs and religions, because diversity cannot be denied so that marriages of different beliefs can occur in society. The occurrence of inter-faith marriages is caused by a lack of awareness among young people regarding the impacts that occur when entering into inter-faith marriages. Based on the current prevalence of interfaith marriages, it is necessary for pastors as Christian educators to make efforts to prevent interfaith marriages from continuing to occur. Through this research, the aim is to explain precisely the efforts of pastors as Christian educators in preventing interfaith marriages for young people in GKII Jerusalem Sebelantau, Sekadau Regency. Researchers used descriptive qualitative research methods through observation, interviews and literature techniques. The results of the research obtained are that if the pastor as a Christian educator continuously educates, teaches, guides, and directs Christian young people to the right path through the word of God, then young people will not enter into interfaith marriages even if there is an interfaith marriage. religion, then through God's help can win for the glory of Christ

Analysis of the Validity of Inter-Religious Marriages Held Abroad

Purpose: Marriage according to the Marriage Law is valid if it is carried out according to the laws of each religion and its beliefs. Therefore, interfaith marriages are prohibited in Indonesia. Many couples of different religions who want to get married choose to get married abroad so that the marriage is considered valid by the state and has legal certainty.Methodology:The research method used is normative legal research, which uses primary and secondary legal sources and is then analyzed qualitatively using the deductive method.Findings: Normative legal certainty is generally seen from the validity of regulations made and enacted with certainty because they regulate clearly and logically. Marriages that take place abroad must be reported to the population and civil registration office according to the place of residence of the couple who are getting married, especially as the results of my interview as a researcher, the couple who got married abroad reported their marriage to the population and civil registration office in Bali, especially to the population and civil registration office of Badung Regency.Implication:A marriage conducted abroad is valid if it is conducted according to the laws in force in the country where the marriage is conducted and does not violate the provisions of the legal system in Indonesia. The marriage is considered valid in the legal system in Indonesia if it has been reported and recorded at the Population and Civil Registration Service, where the husband and wife who conducted the marriage abroad reside.

The Art of Neighboring beyond the Nation: Ethnic and Religious Pluralism in Southwest China

Northwest Yunnan is nested in the border areas of Tibet, Myanmar, and Southwest China. The religiously and ethnically diverse region has astonishingly seen a lack of “conflict”, as is often assumed in regions of ethnic and religious differences. This paper argues that there is an organic form of pluralism through frequent inter-ethnic and inter-religious marriages, multi-lingual daily interactions, and strategic ethnicity registrations. Ethnic and religious boundaries are made permanently or temporarily permeable through the celebration of boundary-crossing rituals such as weddings and funerals and other shared experiences such as collective labor and migrant work. Despite an increasingly strong push to be integrated into the state power through various top-down developmental projects, minority peoples here still use kinship, collective rituals, and other shared experiences to foster group formation that is fluid, porous, and malleable, instilling empathy and obligation as the basis of this pluralistic borderland society. This organic form of pluralism presents an alternative to the nation as the standard modern form of community. This paper ultimately argues that this specific type of plurality requires us to think beyond the normative liberal notions of religious tolerance and diversity that are still promoted within the frame of the exclusivist nation-state.

A Theological Study of the Impact of an Interreligious Marriage: Self-Adjustment in Couples from Different Religions

In the world in which we currently live, individuals of different religions may be involved in many dating relationships. Interfaith couples do not have a comfortable space in this set-up because of their different backgrounds and beliefs. Consequently, interfaith relationships come under much pressure from their environment, such as friendships and families. Problems often found in relationships between interfaith couples are obtaining approval from parents and family, the views of people around them, and conflicts resulting from interfaith relationships relating to issues of faith. Differences in religion and belief should factor in conflict between couples in interfaith relationships. Self-adjustment is very important to do and strive for to achieve happiness and find peace. This research undertaken was qualitative research using phenomenological methods. The data collection methods used were interviews and observation. The data collection technique used a purposive sampling technique. The data analysis technique consisted of preparing and processing data, reading all the data, coding, describing the coding results into themes being analyzed, presenting themes in narrative form, and interpreting the data. The research showed that the subjects were less able to adapt to the environment in interfaith marriages. The subject's emotional and social self-adjustment means that the subjects choose to undergo a relationship without thinking about the possibilities of what might happen in the future and ignore the opinions of the environment so that harmony and peace in the relationship are maintained. Future researchers can examine other factors regarding adjustment to interfaith relationships to discover new things experienced by students and others in interfaith relationships. Psychologically and sociologically, interfaith marriages can trigger and strengthen existing disputes. In addition, interfaith marriages are also considered to cause psychological and educational problems for children because they are confused about which religion to follow. Thus, allowing interfaith marriages often creates inconsistencies with the relevant legal provisions relating to guardianship, inheritance, and other related issues in such marriages.

Transformations of Parental Socio-economic Characteristics into the Married Couple in Rural Nepal

This study is about the attributes of different households which together come into the married couples to unite into their wedlock. The purpose of the study was to trace out the carry-over of the wife and husband side parental attributes into the household socio-economic situation of married couples. A total of seventy-five married couples and their either side parents’ (wife side and husband side) socio-economic and demographic information were taken using a semi-structured questionnaire. Data were collected in Thakre Rural Municipality of Dhading district of Nepal from February to April of 2022 from the conveniently selected respondents using face-to-face interviews. The data were analyzed in terms of frequency, mean and other descriptive statistics. The study revealed that there is a growing trend of inter-caste marriage and love marriage in the younger generations compared to their parents, however, inter-religious marriages are still very few in Nepalese rural society. Findings of the study also revealed that the male counterparts were older in age structures on all three sides while the wife side parents were better off in terms of level of wealth and income. The study further unveiled that the husbands have been able to marry with the wives whose parents have higher economic status than their parents. This finding is useful in understanding the current pattern of marriage as well as the socio-economic transfer brought together by the married couple as a carryover from their respective parental houses.

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

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

Interreligious Marriages after Sema Number 2 of 2023

Indonesia has a plurality of religions adhered to by its population. The issue of marriage in Indonesia has become a polemic because often couples who will enter into a marriage of different religions avoid the existing laws in Indonesia by entering into marriage abroad, or continue to carry out marriage even though they are of different religions, while some convert to the religion of one of the partners so that the marriage can take place. The turmoil that arose to the surface after the birth of SEMA Number 2 of 2023 made the assumption that its contents were incompatible with Indonesia's diversity and Pancasila, a setback in guaranteeing the rights and freedoms of citizens from diverse backgrounds, and curbing the freedom of judges in interpreting and making decisions that were as fair as possible according to the trial. The type of research used is Normative research, which relies on primary legal materials with a statutory approach. The purpose of this research is to find out the syncranization and harmonization of SEMA 2 Year 2023 in the regulation of interfaith marriages in Indonesia. The conclusion of this research is that SEMA No. 2 of 2023 does not contradict the existing laws above it when associated with existing marriage regulations in Indonesia because marriage law in Indonesia submits the validity of marriage based on each religion. Human rights in Indonesia in Law Number 39 of 1999 concerning human rights marriage is carried out in accordance with statutory provisions, SEMA is not a legal product, but only as a guide for judges in deciding cases of interfaith marriages.

Menilik Pembatasan Kebebasan Beragama dan Berkeyakinan dalam Perkawinan Beda Agama di Indonesia

<p>Abstract: The right to marry and the right to practice a religion are fundamental human rights that are not mutually exclusive. The fulfilment of one does not necessitate the compromise of the other. However, in Indonesia, many couples from diverse religious backgrounds face complexities in exercising these rights due to the constraints<br />imposed by Marriage Law Number 1 of 1974, which does not explicitly accommodate interfaith marriages. According to this law, the legal recognition of a marriage necessitates a religious ceremony, and religious institutions often resist interfaith marriages. They typically urge couples from different religions to adopt a common faith to facilitate their acceptance into matrimony. This requirement often compels individuals to convert to their partner’s religion, thereby challenging their freedom of religion and belief. In the pursuit of a legally recognized marriage, individuals may find themselves coerced into relinquishing their religious freedom. This article examines the challenges faced in actualizing human rights and religious freedom in Indonesia within the context of interfaith<br />marriages. The methodology employed is Critical Discourses Analysis (CDA), a critical study based on text (in this case, Marriage Law No. 1/194) and context (random examples). Through critical analysis, this article posits that government regulations requiring legal recognition of marriages by religious institutions serve as an impediment to the fulfilment of religious rights and beliefs for citizens engaged in interfaith relationships. Consequently, this article advocates for amendments to the marriage regulations to actualize the human rights of freedom of religion<br />and belief.</p><p><br />Key words: Marriage, Human Rights, Indonesia, Marriage Law, Inter-religious Marriage</p>

State High School Religious Education Teachers ‘Strategies in Minimizing the Occupation of Interreligious Marriages in the Regency of North Minahasa

Marriage is said to be valid in the Unitary State of the Republic of Indonesia if it is performed according to their respective religions as regulated in Law Number 16 of 2019 amendment to Law Number 1 of 1974 Concerning Marriage, in Article 2 paragraph (1) which reads "Marriage is lawful, if it is carried out according to the laws of each religion and belief.” However, in reality, there are also many interfaith marriages, either through marriages abroad or through efforts to find legal loopholes. If there are interfaith marriages, this occurs partly due to a lack of knowledge and education when the perpetrators of the marriage are still in school. This research seeks to see the strategies used by Islamic Religious Education teachers in North Minahasa Regency which are considered successful in minimizing the occurrence of interfaith marriages in this region. This research is field research with a qualitative approach and is descriptive-analytical. The results showed that the success of PAI teachers in minimizing interfaith marriages was by implementing two main strategies, namely broadening students' horizons and monitoring and guidance. In broadening students' insights, debgab teaches the concept of responsibility and students' abilities before marriage, explaining religious and government rules that must be obeyed so they are not seen as violating. Meanwhile, the monitoring and guidance strategy is carried out in a limited way for students who are seen as having an affair through dating in the environment of students who are of different religions by identifying the factors that cause this relationship. From the research, it is known that if interfaith marriages occur, then environmental factors are very dominant even though there are also family and behavioral factors but not too significant.

Tinjauan Tentang Perlindungan Hukum Terhadap Hak-Hak Anak Akibat Perceraian dengan Alasan Salah Satu Orang Tua Pindah Agama (Studi Kasus Putusan Nomor 3/Pdt.G/2019/PTA. PAL)

In the current era, inter-religious marriages are very common among people whose obstacles are none other than legal protection, division of inheritance, child custody and so on. As has been experienced by one married couple who resides in Parigi Regency, filed a divorce divorce case and fought for custody of their children in decision Number 3/Pdt G/2019/PTA PAL. The aim of this research is to find out how the law regulates children's rights as a result of divorce on the grounds that one of the parents has changed religions based on decision Number 3 /Rev. Pdt G/2019/PTA PAL is regulated in article 3 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Furthermore, it is also regulated in article 105 of the Compilation of Islamic Law, the right to custody of children who are not yet mumayyiz (not yet 12 years old) was explicitly given to his mother. However, the right to child maintenance according to article 105 KHI is not an imperative provision. however, it can be set aside and ignored based on the interests of the child, this is reinforced by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection that parents have equal and equal rights as parents are to care for, care for and care for and protect the rights of children, the most important thing is wherever parents are to care for and care for children.

Marriage murders and anti-caste feminist politics in India

This paper investigates the complex nexus between inter-caste marriages and escalating caste politics in India. While much literature justifiably focuses on rising Islamophobia in the country, this paper considers the ‘love jihad’ phenomenon and extreme forms of violence against individuals in inter-caste or inter-religious marriages, particularly since 2014. The politics and practice of inter-caste choice marriages in India raise fundamental questions about the institution of marriage itself. The paper reviews relevant literature and draws on cases reported in the media to propose a deeper interpretation of the role of caste in marriage murders. It further explores several powerful critiques from the past of the institution and practice of arranged marriage in India. It concludes by highlighting the need for an anti-caste, feminist perspective in these debates, as increasing numbers of marriage murders have coincided with an exoticization of India's culture of arranged marriages and caste hierarchies globally.

Legitimation: License for Registration of Interreligious Marriages by the State Court

<span lang="IN">The Surabaya District Court judge has granted the application for a permit to register an interfaith marriage between Rizal Adikara (Islam) and Eka Debora Sidauruk (Christian with decision Number: 916/Pdt.P/2022/PN.Sby. Previously, the registration of their marriage was rejected by the Population and Civil Registry Office. Civil Registry.The purpose of this research is to analyze judges' considerations in determining permission to register interfaith marriages.This type of research is library research, using a juridical normative approach.The source of data comes from primary legal materials, namely statutory regulations and legal materials secondary such as legal opinion/doctrine/theories from legal literature, research results, journals, papers, theses and websites related to research.This research is descriptive analytical in nature.Results of the research are that District Court judges have legitimized the registration of interfaith marriages with the consideration that The Marriage Law and the Law on Population Administration have provided space for the Court to render decisions and citizens have the right to defend their religious beliefs when they want to build a household. This judge has used a judicial activism approach in order to guarantee the freedom of citizens as protected by the constitution. Then this decision only granted permission to register religious marriages, not permission to carry out marriages because the applicant parties were married before the Court's decision</span>

Status Perkawinan Beda Agama Tinjaun Maqasit Al-Syariah (Studi Putusan 916/Pdt.P/2022/PN.Sby.)

Marriage is not a purely civil relationship like other civil matters, so religion is the basis for determining whether a marriage is legal. Therefore, in the marital relationship, it is viewed from a pluralistic, social, cultural, racial, linguistic, ethnic and religious perspective.It plays a very important role in building harmony and happiness in the home. In essence, religion neutralizes social, cultural, ethnic, national, and racial stratification differences.
 In addition to protecting religion (hifz al-Dîn), the ban on interreligious marriage also helps protect descendants (hifz al-Nasl). When we discuss marriage, we discuss not only the interests of both parties (husband and wife), but also the interests of the family and society. Marriage is strictly religious and regulated by law to protect the rights of both parties and their descendants.
 When a judge examines and interprets marriage law, he neither rules nor permits interfaith marriages in favor of the Umma, either in this life or in the hereafter.

Chandervati

Qudratullah Shahab was a civil servant during the British Raj. After the partition of India, he served as the chief of staff of three heads of state of Pakistan. He also served as the ambassador of Pakistan to the Netherlands and as information secretary and education secretary of Pakistan. He authored many short stories and, in his later years, he opened up about his spiritual journey. "Chandervati," which was included in his memoirs, recounts his coming of age during the thirties, at a time when interreligious marriages were taboo. The author expresses his deep connection to a Brahmin girl named Chandervati. Despite their love for one other, they understood their societal and religious divide. [Article copies available for a fee from The Transformative Studies Institute. E-mail address: journal@transformativestudies.org Website: http://www.transformativestudies.org ©2023 by The Transformative Studies Institute. All rights reserved.]

ANALISA YURIDIS PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF HUKUM POSITIF DI KOTA SURABAYA

Interreligious marriage has remained a controversial topic in society since the time of Marriage Law No. 1 of 1974. The agreements and rules governing interfaith marriages are primarily aimed at whether different marriages are valid. Look only at Law No. 6 of 2006 on Population Control. Couples married to different religions can apply to the district court, but this is limited to registration of marriage only, but what regulates whether it is legal? No regulations yet. The Indonesian Islamic scholar, particularly in his KHI Compilation of Islamic Law, states that interreligious marriages are void, which is supported by his 2005 MUI Fatwa on Interreligious Marriage. In this study, the authors use a prescriptive legal approach. It is a method of studying forensic research conducted on literature or secondary data and using deductive reasoning and coherent truth criteria. Deductive thinking should be understood as a way of thinking that draws conclusions from proven-true generalities and is directed to specifics. Interreligious marriage cannot be justified on the basis of Marriage Law and Summarizing Islamic Law, as the purpose of these rules is to prevent greater harm/loss in addition to the resulting benefit/benefit.

Inter-Religious Marriage: A Comparison Analysis of Indonesian Law With Other Countries

AbstractInter-religious marriage is not something new in Indonesia. Judging from the diversity of religions that exist, it does not rule out the possibility of inter-religious marriages. However, inter-religious marriage is still a polemic among the public because the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, does not explicitly regulate and accommodate the problem of inter-religious marriage, especially after the enactment of Law Number 23 of 2006 concerning Administration Population, the opportunity to legalize inter-religious marriages seems to be wide open, namely with the availability of the option of submitting an application for interfaith marriages to the District Court to issue a stipulation allowing interfaith marriages and instructing Civil Registry office employees to record these interfaith marriages into Register of Marriage Registration. In the end, people often smuggle laws in ways that are not justified, for example by providing false information that they have changed religions and follow the religion of their partners. Or by carrying out marriages abroad which allow marriages of different religions, and then registering them at the civil registry office. This study aims to find out how Indonesian law views inter-religious marriages and how inter-religious marriages are regulated from a comparison of the laws of other countries, such as those in Canada, Singapore, England and the Netherlands. This study uses a statutory approach, namely an approach that is carried out by examining all laws and regulations that are related to the legal issues under study. The results of this study will provide input to Indonesian legislators which can be used as an improvement in regulations, especially provisions related to inter-religious marriage.Keywords: Interfaith Marriage; Reduced Inequalities; Comparative Civil Law; Peace and Justice.

The Qur’an on Muslim Women’s Marriage to Non-Muslims: Premodern Exegetical Strategies, Contradictions, and Assumptions

This article interrogates the claim that Islam prohibits Muslim women’s marriage to kitābīs (a derivative of the Qur’anic term ahl al-kitāb that is commonly used to refer to Christians and Jews), an argument that has practical and theological implications for Muslims today. By analysing the three Qur’anic verses on interreligious marriage (Q. 2:211, Q. 60:10, and Q: 5:5) and the ways they have been interpreted by several premodern and modern scholars, I show that two of the three verses invoked commonly to explain the prohibition can be read as applying equally to women and men, and the third does not prohibit such marriages. Premodern exegetes justified the prohibition using traditional hermeneutical tools such as qiyās (‘analogical reasoning’), ijmāʿ (‘scholarly consensus’), and takhṣīṣ (‘particularising a general statement’) to collectively interpret the verses as prohibiting women’s marriage to kitābīs. The application of these tools in the context of their specific milieux resulted in interpretations and conclusions that emerged from entrenched social systems which privileged a Muslim religio-patriarchal elite while normalising endogamy and slavery. Each exegete surveyed here has highlighted different elements of the relevant verses that reinforced their own personal assumptions, biases, and priorities, all of which confirm their interpretive power and authority. However, by applying the very same methods, contemporary readers of the Qur’an can arrive at different conclusions, given their own, different, priorities, biases, and contexts. I argue that applying the very same hermeneutical tools that exegetes have historically used can also lead to the conclusion that the Qur’an permits women’s marriage to kitābīs.