TY  - THES
N1  - Pembimbing: Fatma Amilia, S.Ag., M.Si.
ID  - digilib58556
UR  - https://digilib.uin-suka.ac.id/id/eprint/58556/
A1  - Riska Kusniawati, NIM.: 19103050027
Y1  - 2023/03/17/
N2  - Marriage is a physical and spiritual bond between a man and a woman as a
husband and wife with the aim of forming a lasting and happy family (household)
based on Belief in One Almighty God. Provisions for marriage in Indonesia have been regulated in Law Number 1 of 1974 concerning Marriage, Government
Regulation Number 9 of 1975, the Compilation of Islamic Law which applies to Indonesian Muslims, and other supporting legal regulations. Even though it has been regulated in several legal instruments, marriage phenomena that occur in Indonesia still experience pro and contra problems in society, one of which is interfaith marriage. On April 26 2022, the Surabaya District Court again granted the application for a permit for interfaith marriage submitted by the RA (Muslim religion) and EDS (Christian religion) couple in Determination Number:
916/Pdt.P/2022/PN.Sby with the consideration that the difference religion is not a reason for the prohibition to get married.
This type of research is field research (field search) with human rights and maqashid syari'ah approaches. While the data analysis method used is qualitative with inductive thinking patterns. The data collection techniques used by the
authors are interviews and literature studies.
The results of this study indicate that the legal basis used by the judge in the Decision of the Surabaya District Court Number: 916/Pdt.P/2022/PN.Sby is Article 8 letter (f) of the Marriage Law, Article 35 letter (a) of Law Number 23 of
the Year 2006 concerning Population Administration, and Article 10 paragraph (3) PP Number 9 of 1975. In addition, the judge also considered the basic rights of the applicants, namely forming a family through legal marriage and
maintaining their respective religious beliefs. In the concept of human rights in Indonesia, every citizen in exercising his rights and freedoms must comply with the restrictions set out in laws and regulations, including in the case of marriage. So that regarding the legalization of marriages should still refer to the provisions of Article 2 paragraph (1) of the Marriage Law. As for the maqashid syari'ah review, the interfaith marriage permit determined by this judge is very much in
conflict with the concept of maintaining the core things that are the goal of
Islamic law, namely maintaining religion and preserving offspring. Because the
harm that is caused is far greater than the benefit that is achieved, and can even lead to things that are not in accordance with Islamic law.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - interfaith marriage; court determination; the Concept of Human Rights in Indonesia; maqashid syari'ah
M1  - skripsi
TI  - PENETAPAN IZIN PERKAWINAN BEDA AGAMA PERSPEKTIF HAK ASASI MANUSIA DAN MAQHASID SYARI?AH
(STUDI PENETAPAN PENGADILAN NEGERI SURABAYA NOMOR: 916/PDT.P/2022/PN.SBY)
AV  - restricted
EP  - 127
ER  -