Review of Human Rights and Islamic Law with Regard to the Surabaya District Court Judge^s Decision to Allow Interfaith Marriage, Number 916/Pdt.P/2022/PN-S. Fariz Farrih Izadi, Dian Alan Setiawan, Abdul Rohman
Universitas Islam Bandung
Abstract
In article 28 B paragraph 1 of the 1945 Constitution of the Republic of Indonesia, it is stated that every Indonesian citizen has the right to marriage, family life, and procreation. A legitimate marriage, or one that complies with Indonesian rules and regulations, is required to exercise this entitlement. According to Article 2 Paragraph 1 of Law Number 1 of 1974 Concerning Marriage (Marriage Law), marriage is legitimate if it is conducted in accordance with each religions and beliefs legal requirements. A marriage that is performed in conformity with each partners own religious law is considered valid. With claim number 916/Pdt.P/2022/PN-Sby, Surabaya District Court Judge Imam Supriyadi granted the applicants request. Interfaith marriages are deemed to be haram and invalid by the Indonesian Ulema Councils (MUI) Fatwa Number: 4/Munas VII/MUI/8/2005, along with marriages between Muslim males and women. According to Qaul Mutamad, People of the Book are forbidden and outlawed. The purpose of this study is to evaluate the legality of interfaith unions in light of Fiqh Munakahat and positive law. It also seeks to understand how Islamic law and human rights view the Surabaya District Court Judges decision to permit interfaith unions. A normative juridical method is used in this study to look at legal norms, institutions, and procedures. A comparative legal strategy backs up this approach. Normative research focuses on textual studies, specifically employing secondary material, such as laws and regulations, court rulings, legal theory, legal concepts, and legal principles, and can take the shape of scholarly works.
Keywords: Human Rights, Islamic Law, Judge^s Decisions, Marriage, Different Religions.
Topic: Law and Ethics in Terms of Islamic Perspective
