Fenomena Nikah Beda Agama

Abstract

Interfaith marriage is a social phenomenon that often creates controversy in Indonesia, a country characterized by religious and ethnic diversity. This study aims to analyze interfaith marriage from the perspectives of Islamic law, Indonesian positive law, and the Population Administration Law, as well as to examine its implications for family life. This research employs a library research method with a descriptive-analytical approach, reviewing primary sources such as the Qur’an, Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Law No. 23 of 2006 on Population Administration, along with secondary literature related to Islamic family law and marriage regulations. The findings indicate that, according to Islamic law, interfaith marriage is strictly prohibited except in limited cases involving women from the People of the Book. In Indonesia, positive law also does not provide clear legitimacy for such practices, resulting in legal uncertainty. The driving factors behind interfaith marriage include social interaction, lack of religious education, family background, freedom to choose a spouse, and the influence of globalization. The implications of interfaith marriage within households include challenges in determining the religion of children, potential internal and external conflicts, and impacts on religious practices and inheritance matters. This study concludes that interfaith marriage brings more harm than benefit, both from the perspective of Islamic law and Indonesian positive law. These findings are expected to contribute to the development of marriage regulations in Indonesia and provide considerations for society in addressing the phenomenon of interfaith marriage.