Analyzing Court Decisions On Interfaith Marriage: A Maqāṣid Al-Sharīʼah Perspective

ALLYSA NOVITA PUTRI, 12102193052 and Iffatin Nur, 197301111999032001 (2022) Analyzing Court Decisions On Interfaith Marriage: A Maqāṣid Al-Sharīʼah Perspective. Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam, 6 (1). pp. 27-38. ISSN p-ISSN: 2597-6168 e-ISSN: 2697-6176

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Abstract

The purpose of this study is to analyze the court's determination on interfaith marriage, namely determination number 916/Pdt.P/2022/PN. Sby and number 71/Pdt.P/2017/PN. Blah. This research uses qualitative methods with a juridical normative approach. The data in this study is digital data. The results of this study show a different interpretation of Article 2 paragraph (1) of the Marriage Law. The Surabaya District Court's decision interpreting Article 2 paragraph (1) of the Marriage Law as a religious difference is not a prohibition to hold a marriage. There was a legal vacuum that caused judges to use the explanation of Article 35 (a) of the Population Administration Law to allow interfaith marriages and Article 10 paragraph (3) of PP No. 9 of 1975 to provide a basis for the implementation of interfaith marriages. The decision of the Blora District Court interprets Article 2 paragraph (1) to consider the validity of marriage based on the religion of each applicant. The results of the analysis based on the theory of maqāṣid al-shari'ah initiated by Jamaluddin Athiyah showed that the determination of the Surabaya District Court was not guarded while the determination of the Blora District Court showed guard. Analysis based on the methodology of Islamic law, maqāṣid al-shari'ah initiated by Jasser Auda shows that both determinations do not fully meet the standards of the system approach.

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