Interfaith Marriage In Indonesia's Law: A Comparative Study of Tafsir Al-Misbah And Al-Maraghi

Hasan, Akhmad Faroh and Al-Fatih, Sholahuddin and Siyo, Suryanto and Haris, Haris and Nur, Asrul Ibrahim (2025) Interfaith Marriage In Indonesia's Law: A Comparative Study of Tafsir Al-Misbah And Al-Maraghi. PETITA: Jurnal Kajian Ilmu Hukum dan Syariah, 10 (1). pp. 322-337. ISSN E-ISSN: 2549-8274, P-ISSN: 2502-8006

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Abstract

Interfaith marriage takes place between a man and a woman of different religions. This marriage remains a polemic and happens for some reason. The interpretation of Interfaith Marriage differs when it comes to the law that governs interfaith marriage. A marriage is considered valid if it meets all the specified requirements. In Islam, one of the conditions for a valid marriage is to become a Muslim. This research is a literature study requiring primary legal materials garnered from the commentaries of M. Quraish Shihab in Tafsir al-Misbah and Ahmad Mustafa Al-Maraghi in Tafsir al-Maraghi. Secondary legal materials were collected from mufassir commentaries and other related content. The data were analysed based on 1). Content analysis—in-depth discussion of the content of written or printed information in the mass media; 2). The comparative method compares two or more different phenomena observed. This analysis leads to several findings: 1) Interfaith Marriage in Tafsir Al-Misbah and Al-Maraghi is divided into three parts: a) Marriage between a Muslim man and a woman of Ahl al-Kitab is permissible. b) Marriage between a Muslim man and a polytheistic woman is forbidden c) Marriage between a Muslim woman and a polytheistic man is forbidden 2) The relevance of the commentaries of Al-Misbah and al-Maraghi on interfaith marriage to the laws and regulations in Indonesia are as follows: a) Marriage between a Muslim man and a woman of Ahl al-Kitab is not relevant to the Compilation of Islamic Law (KHI) Article 1 of 1974, Article 2, paragraph (1) No. 1 of 1991 Articles 4, 40, 44 and 61 concerning Marriage b) Marriage between a Muslim man and a polytheistic woman is relevant to KHI Article 1 of 1974, Article 2 paragraph (1) No. 1 of 1991, Article 4, 40, 44 and 61 concerning Marriage c). Marriage between a Muslim woman and a polytheistic man or a man of Ahl Kitab is relevant to KHI Article 1 of 1974, Article 2 paragraph (1) Number 1 of 1991, and Articles 4, 40, 44 and 61 concerning Marriage.

Item Type: Article
Keywords: Marriage Interfaith Tafsir Law Indonesia
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: v34_noc Fitria, A.Md.
Date Deposited: 22 Apr 2025 06:19
Last Modified: 22 Apr 2025 06:19
URI: https://eprints.umm.ac.id/id/eprint/16741

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