A.
Introduction
Today, the
relationship between religious communities has become a popular issue in
Indonesia. Popularity of this issue as a consequence of pluralistic Indonesian
society, especially in terms of religion and ethnicity. Therefore, the problem
of the relationship between religious communities is a concern of various society,
also its make polemic among the public and government.
In the community especially among rich man and celebrities, they do
interfaith marriage, whether Muslim man who married with non-Muslim woman
(Christians, Jewish, or other religious) or perhaps a Muslim woman marry with
non-Muslim man. This case make new trends in the community from the convert of
a person's belief until they have to move citizenship in order to achieve their
desires.
But we just know about this case and see that doing interfaith marriage
is based on liberalistic. And we don’t know how it is happened and how exactly
it is set. Especially, according to the rules of Islamic law. Therefore, this papers
made in order to know how interfaith marriage according to Islamic jurisprudence.
B.
Discussion
1.
Definition
a.
Definition of marriage
Marriage (also called matrimony or wedlock) is a
socially or ritually recognized union or legal contract between spouses that
establishes rights and obligations between them, between them and their
children, and between them and their in-laws.[1]
The definition of marriage varies according to different cultures, but it is
principally an institution in which interpersonal relationships, usually
intimate and sexual, are acknowledged. In some cultures, marriage is
recommended or considered to be compulsory before pursuing any sexual activity.
When defined broadly, marriage is considered a cultural universal.
b.
Definition of interfaith marriage
Interfaith marriage, traditionally called mixed
marriage, is marriage (either religious or civil) between partners professing
different religions.
Interfaith marriage typically connotes a marriage in
which both partners remain adherents to their distinct religion, and as such it
is distinct from concepts of religious conversion, religious assimilation,
cultural assimilation, religious disaffiliation, and apostasy. Nevertheless,
despite the distinction, these issues typically are associated with many
aspects of interfaith marriage.
Some religious doctrines prohibit interfaith marriage.
Others traditionally oppose interfaith marriage but may allow it in limited
circumstances. Several major religions have left the matter relatively
unspecified and still others allow it entirely but with some requirements for
ceremony and custom.
Here
is the command of Allah in the Qur’an
to carry out marriage, his words in sura an-Nur : 32
وَأَنْكِحُوا
الْأَيَامَى مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ إِنْ
يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِنْ فَضْلِهِ وَاللَّهُ وَاسِعٌ عَلِيمٌ
“And
marry the unmarried among you and the righteous among your male slaves and
female slaves. If they should be poor, Allah will enrich them from His bounty,
and Allah is all-Encompassing and Knowing.”
2.
Interfaith marriage based on
Islamic law
Today, the
marriage between two people in one religion are common and that is what is
recommended in Islam. But now people are often make various reason in order to
perform interfaith marriage. For example ‘in the name of love’, they want to
achieve what they want. But it is already well regulated in the Islamic
religion.
We can see
in Qur’an surah Surah al-Baqarah: 221,
وَلَا
تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ وَلَأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ
مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى
يُؤْمِنُوا وَلَعَبْدٌ مُؤْمِنٌ خَيْرٌ مِنْ مُشْرِكٍ وَلَوْ أَعْجَبَكُمْ
أُولَئِكَ يَدْعُونَ إِلَى النَّارِ وَاللَّهُ يَدْعُو إِلَى الْجَنَّةِ
وَالْمَغْفِرَةِ بِإِذْنِهِ وَيُبَيِّنُ آَيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ
يَتَذَكَّرُونَ
“And do not
marry polytheistic women until they believe. And a believing slave woman is
better than a polytheist, even though she might please you. And do not marry
polytheistic men [to your women] until they believe. And a believing slave is
better than a polytheist, even though he might please you. Those invite [you]
to the Fire, but Allah invites to Paradise and to forgiveness, by His
permission. And He makes clear His verses to the people that perhaps they may
remember.”
Islamic Jurists
view that the Qur'an Surah al-Baqarah: 221 provide a separate legal content in
the field of marriage. In general, interfaith marriage is forbidden. But there
are exceptions, especially due to the special provisions of Qur’an al Ma’idah: 5,
to make a shift law from the level of forbidden to be makruh, mubah
or other on the case of Muslim men marrying scriber woman. Here is a more
detailed explanation.
a.
Moslem women with non-Moslem man
All scholars agree that Muslim woman is prohibited (haram) to marry
non-Muslim men, both scriber and polytheists. The prohibition also based on
surah al Mumtahanah: 10.
As-Sayid Sabiq mention some arguments concerning this prohibition about Muslim
women marry non-Muslim men:
1)
Polytheistic should not
dominate people's Islam is based on surah Nisa: 141
2)
Polytheistic s men and scriber
s would not understand his wife's religion is Muslim, otherwise reject and deny
the teachings of the book of the prophet.
3)
In a mixed household, the
couple lived and lived together as much difference.[2]
b.
Muslim men with polytheistic
women
The scholars agreed to forbid Muslim men married to polytheistic
women (idolaters). The meaning of polytheistic women here include pagan women
(al-wasaniyah), atheist (zindiqiyah), the apostate female, and fire worshipers.
One thing that differentiate between scriber woman and
polytheistic, according to As-Sayyid Sabiq is polytheistic women have no
religion that prohibits betray, oblige mandate, ordering good and forbidding
evil.[3]
Meanwhile scriber woman and Moslem man there is no
much different. Scriber woman believe in Allah and worship Him, believe in
prophet, hereafter and have religion that ordering good and forbidding evil.
The essential distance is about believe in Prophet Muhammad SAW. But if someone
believe in prophets universally, he or she will easy to understand about the
last prophet (khatam al-anbiya), Prophet Muhammad SAW. So, if scriber
woman marry with Moslem man it can be become good family and scriber woman eventually
want to enter Islam.
c.
Moslem man with scriber woman
As already written in the text above about the
differences between polytheistic woman
and scriber woman. We can see the basic why Moslem man can marry with scriber
woman on Qur’an surah al-Maidah: 5.
الْيَوْمَ أُحِلَّ لَكُمُ الطَّيِّبَاتُ وَطَعَامُ
الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْ وَطَعَامُكُمْ حِلٌّ لَهُمْ
وَالْمُحْصَنَاتُ مِنَ الْمُؤْمِنَاتِ وَالْمُحْصَنَاتُ مِنَ الَّذِينَ أُوتُوا
الْكِتَابَ مِنْ قَبْلِكُمْ إِذَا آَتَيْتُمُوهُنَّ أُجُورَهُنَّ مُحْصِنِينَ
غَيْرَ مُسَافِحِينَ وَلَا مُتَّخِذِي أَخْدَانٍ وَمَنْ يَكْفُرْ بِالْإِيمَانِ
فَقَدْ حَبِطَ عَمَلُهُ وَهُوَ فِي الْآَخِرَةِ مِنَ الْخَاسِرِينَ
“This day [all] good foods have been made lawful, and
the food of those who were given the Scripture is lawful for you and your food
is lawful for them. And [lawful in marriage are] chaste women from among the
believers and chaste women from among those who were given the Scripture before
you, when you have given them their due compensation, desiring chastity, not
unlawful sexual intercourse or taking [secret] lovers. And whoever denies the
faith - his work has become worthless, and he, in the Hereafter, will be among
the losers.”
The definition of scriber woman here refer to two big
religion before islam, Jewish and Christian. As-Sayid Sabiq write there is only
one companion of Prophet Muhammad SAW who forbid marriage with scribe woman, he
is Ibnu Umar. Among companion of Prophet Muhammad SAW who marry with scribe
woman are Utsman r.a marry with Nailah binti Qaraqishah Kalbiyah from Christian,
Hudzaifah marry with Jewish woman and Sa’ad bin Abu Waqas marry with Jewish and
Christian woman when Fathul Makah.
Different opinion about Moslem man marry with scribe
woman according to four scholar:
|
|
Hanafi
|
Maliki
|
Syafi’i
|
Hambali
|
|
War area (dar al-harb)
|
Forbidden (Haram)
|
Absolutely makruh (makruh mutlak)
|
Really makruh (tasydid al-karahah
|
Allowed (mubah)
|
|
Dzimmi scriber
|
Makruh
|
Absolutely makruh (makruh mutlak)
|
Makruh
|
Allowed (mubah)
|
3.
Interfaith marriage based on
positive law in Indonesia
The basic law of marriage in Indonesia there are some rules:
a.
Civil law books
b.
‘UU No. 1/1974’ about marriage
c.
‘UU No. 7/1989’ about religious courts
d.
‘PP No. 9/1975’ about implementing regulations
‘UU No.1/1974’
e.
Presidential Instruction ‘No. 1/1991’ about Compilation of Islamic Law in Indonesia
On Juny, 1
1980 MUI make a fatwa related to interfaith marriage. It result two
decision. First, Moslem woman forbid to marry with non Moslem man. Second,
Moslem man forbid to marry with non Moslem woman, include Christian. We can
view from istinbat al-ahkam method, MUI argue with the method of masalih
al-mursalah, for benefit of society. In the Compilation of Islamic Law
categorizes inter-religious marriages in chapter marriage prohibition. At point
c section 40 states that forbidden carry out marriage between a man and a woman
who are not Muslims. Then in chapter 44 it is stated that a Muslim woman is
forbidden carry out marriage with a man who is not Muslim. Regarding interfaith
marriage conducted by prospective husband and wife can be seen in the ‘UU
No.1/1974’ on marriage in section 2, subsection 1, that the marriage is valid,
if done according to the laws of each religion and belief. In section 10 ‘PP
No.9/1975’ stated that, the new marriage valid if done before the employee
registrar and two witnesses attended. And procedures for marriage conducted
according to the law of each his religion and belief.
In
understanding interfaith marriage under the laws of marriage there are three
different interpretations. First, the interpretation which argues that
interfaith marriage is a violation of ‘UU. 1/1974’ section 2, subsection 1
section 8 f. The second opinion, that interfaith marriage is legitimate and can
be held, because it has been covered in a mixed marriage, with arguments on
section 57 concerning mixed marriages, which focuses on two people in Indonesia
are subject to different laws, which means that this section arrange a marriage
between two people of different nationality also set two different religions.
The third opinion is interfaith marriage is not regulated at all in ‘UU. 1/1974’,
therefore, based on section 66 of ‘UU no. 1/1974’ the issue of interfaith marriage
can refer to intermarriage regulation, because it has not stipulated in the law
of marriage.
C. Closing
Conclusion
The definition of interfaith marriage is marriage
(either religious or civil) between partners professing different religions. In general, interfaith marriage is forbidden. But there
are exceptions about Moslem man with scriber woman according to Hanafi, Maliki,
Syafi’I and Hambali.
In Indonesia, there are
three interpretation about interfaith marriage. First, interpretation which
argues that interfaith marriage is a violation of ‘UU. 1/1974’ section 2, subsection
1 section 8 f. Second, interfaith marriage is legitimate and can be held.
Third, interfaith marriage is not regulated at all in ‘UU. 1/1974’.
References
Artikel non-personal, 3 April 2014., Marriage, Wikipedia, http://en.wikipedia.org/wiki/Marriage,
accessed 6 April 2014
Bahreisj, Husein. 1992. Himpunan
Fatwa. Surabaya: Al-Ikhlas
Habieb, Sa’di abu. 1987. Ensiklopedi Ijmak.
Penerjemah K.H.A. Sahal Mahfudz dan K.H. Mustafa Bisri. Jakarta: Pustaka
Firdaus
Sabiq, Sayid. 1980. Fikih Sunnah 6. Alih
bahasa Mohammad Thalib. Bandung: PT Alma’arif
Suhadi. 2006. Kawin
Lintas Agama. Yogyakarta: LKiS Yogyakarta
[1] Haviland, William A.; Prins, Harald E. L.; McBride, Bunny; Walrath,
Dana (2011). Cultural Anthropology: The Human Challenge (13th ed.). Cengage
Learning. ISBN 978-0-495-81178-7. "A nonethnocentric definition of
marriage is a culturally sanctioned union between two or more people that
establishes certain rights and obligations between the people, between them and
their children, and between them and their in-laws."
