Interfaith Marriage and The Legal Consequence of Its Validity

Abstract

The Interfaith marriage often leaves validity of marriage's problem. The concept of interfaith marriage often clash with the concept of human rights which is strengthened by the Constitutional Court Decision Number 68/PUU-XII/2014 in the relation to the judicial review of Law Number 1 of 1974 concerning Marriage which rejects the issue of interfaith marriage. After that, the State consider to curb the freedom of individual human rights to choose a mate and find happiness with their spouses from different religions. This paper will discuss how far the State has a role to solve the validity of interfaith marriage. Through normative legal research method, this paper offers the need for affirmation as well as restrictions from the State as outlined in the policy so that, the suitability of the purpose of marriage is not only private or civil but also religious in nature (involving Allah SWT or Almighty God).