Interfaith Marriage Phenomenon in Indonesia from the Perspective of Sadd al-Żarī'ah and Fatḥ al-Żarī'ah

Abstract

The subject of interfaith marriage in Indonesia, including its pros and cons, has been in the public purview recently. This research aims to answer public concerns, provide recommendations for strengthening regulations, and even prevent this type of marriage. A qualitative method alongside a sociological approach was applied, while data collection techniques included interviews and literature studies. It was concluded through sadd al-żarī'ah analysis, that interfaith marriage should be prohibited as it only leads to harm and difficulties in households and families. Furthermore, fatḥ al-żarī'ah analysis of the marriage of a Muslim man to an Ahlu al-Kitab woman is permitted by the majority of scholars. This is due to the possibility of benefits, namely the opportunity to guide the woman to embrace Islam. it is emphasized that this possibility is relative, as the Muslim man may change his faith. Therefore, this facility (al-żarī'ah) should not be opened (fatḥ al-żarī'ah). The implications of this study recommend sadd al-żarī'ah as material for consideration in strengthening the rules regarding interfaith marriages in the future. Moreover, the polemic of interfaith marriage should be resolved immediately by affirming and enforcing changes to the marriage law. Legal vacuums in the regulation of this matter should not be allowed or ignored due to the negative impact in terms of social and religious life.

The Dynamic Landscape of Interfaith Marriage in Indonesia: Navigating The Supreme Court Circular Letter (SEMA) No. 02 of 2023 and Population Administration Law

“…On the one hand, interfaith marriages offer a plethora of benefits, encompassing: (1) the potential to foster enhanced understanding and tolerance among disparate religious communities; (2) facilitating avenues for cultural exchange and fostering mutual respect among individuals hailing from diverse backgrounds; (3) affording opportunities for personal growth and fostering a broader perspective on divergent belief systems; and (4) serving as conduits for fostering intercommunity cohesion and contributing to social harmony. Conversely, the challenges encountered by interfaith couples are multifaceted, encompassing: (1) the specter of societal stigma and disapprobation, precipitating social challenges for the couple; (2) familial pressures that can strain the interfaith union, engendering tensions within the relationship; (3) navigating the labyrinthine legal and administrative hurdles encountered by interfaith couples within the Indonesian legal framework; and (4) negotiating the intricate tapestry of cultural expectations and traditions stemming from divergent backgrounds, which can pose formidable challenges (Syatar et al, 2023).…”