Interfaith Marriage Status: When Sharia Law Intersects With National Law
Interfaith Marriage status in Islam
Interfaith marriage is mainly prohibited in the Sharia Law, because it will affect their individual faith and uncertainty to their custody and offspring. However the only exception of the permitted interfaith marriage in Sharia law is between Muslim men and a non-muslim women from “people of the book” (Christians & Jews) who guard their honor among the people according to the scholars who interpreted the Qur’an, Al-Maidah verse 5
“And it is lawful to marry women who guard honor among the believing women and women who guard honor among those who were given the Book before you.” (Al-Maidah: 5)
the It is highly noted by the scholars that the christian/jews women whose allowed to be married truly guard their honor. But this condition meets challenges in some countries due to national law.
Modern National Law in Interfaith Wedding
Interfaith marriage status between a muslim and a non-muslim may differ in every country. In some countries with muslim majority population, any interfaith marriage status is marked unauthorized, but it is permitted in non-muslim/liberal countries that legalize the marriage through civil registration.
Although it is allowed, but in many muslim majority countries, there are national law to rule the marriage of their citizens, non muslim women must convert to a muslimah women to legalize their marriage, in Indonesia Marriage must be carried out according to their respective religious laws (Article 2 paragraph 1 of Law No. 1 of 1974 concerning Marriage). The requirement is emphasized by Compilation of Islamic Law (KHI) Article 40 letter c states that Muslim men are prohibited from marrying non-Muslim women. Therefore, the conversion of the non muslim is obliged in order to legalized the marriage. If the non muslim side insists to believe in their own faith, their status will not be authorized by the court of religion and will affect their registration in civil registration office to to uncertainty of the couple’s religion.
Conclusion
Interfaith marriage meets hurdles in some countries due to national law that ruled marriage requirements, in non muslim countries, interfaith marriage could still be held, but in muslim majority countries like Indonesia interfaith marriage is considered unauthorized due to violation to the national law especially when it comes with the muslims. Although there is an allowed condition of interfaith marriage from the sharia law, interfaith marriages may meet many difficulties in religion values, laws and household
Sources
