Pernikahan Beda Agama dalam Perspektif Hukum Islam Hukum Positif di Indonesia
Abstract
This writing aims to examine the similarities and differences between Islamic
legal perspectives and positive legal perspectives on marriage problems of
different religions or beliefs.
The method used is qualitative, with a comparative approach. Literature
study or literature study, which contains studies of relevant theories with
interfaith marriage problems.
This writing is normative formal juridical and also includes descriptive
research, in studying Islamic principles, interfaith marriages are divided into
three parts: marriage between Muslim men and girls who are not Muslim
(Non-Muslim), marriage between Muslim men and women. Kitab, and the
marriage of Muslim women to women.
Men who are not Muslim (Non Muslim). From a regulatory perspective, law
enforcement is not strengthened in Indonesia, therefore Law Number 1 of
1974 concerning Marriage and Compilation of Islamic Law (KHI) is a
constitutional law that prohibits other marriages. Therefore, the Office of
Religious Affairs (KUA) and Marriage at the Civil Office (KCS) does not
want to carry out different marriage administration data collection.