INTERLEGALITIES OF JUDGES' DECISIONS ON INTERFAITH MARRIAGE (REGULATORY DISHARMONY: BETWEEN LAW AND HUMAN RIGHTS)

Authors

  • Chalimatus Sa'diyah Hasyim Asy'ari University
  • Abdullah Afif Hasyim Asy'ari University
  • Recep Cigdem Harran University

DOI:

https://doi.org/10.2023/islamiclawreview.v1i2.60

Keywords:

interlegality, interfaith marriage, judge's decision.

Abstract

Regarding the issue of the globalization of interfaith marriages, which cannot be separated from being a topic of discussion among the public regarding the legality of religious marriages, it has become increasingly prominent after several judge's decisions granted the request in the district court. Islam is a religion that regulates the concept of how a Muslim lives his life. Characterized by a nuance of flexibility in dealing with problems that are still guided by morals and religious law. This research examines how judges consider when deciding to grant interfaith marriages which are considered irrelevant to the applicable laws and regulations. This research uses normative legal research methods, and data collection techniques come from primary and secondary data. The results of this research indicate that judges' legal considerations in deciding interfaith marriages still depend on applicable laws and other legal considerations. Even though there are fierce considerations between legal science and the rights of citizens that must be protected, this gives rise to different decisions according to the policy position of each judge. Where all the cases that are decided, especially the polemic on the legality of interfaith marriages, are a manifestation of the judge's policy in dealing with complex problems who always try to position the state as a wise and fair implementer.

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Published

03-01-2024