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PANDANGAN TOKOH MASYARAKAT TERHADAP PERKAWINAN BEDA AGAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM (STUDI DI DESA RECO, KECAMATAN KERTEK, KABUPATEN WONOSOBO) (Text)
PANDANGAN TOKOH MASYARAKAT TERHADAP PERKAWINAN BEDA AGAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM (STUDI DI DESA RECO, KECAMATAN KERTEK, KABUPATEN WONOSOBO) (Other)
Interfaith marriage constitutes one of the most legally complex issues within the context of Indonesia's pluralistic society. Normatively, Islamic law prohibits interfaith marriage, a prohibition reinforced through multiple positive legal instruments, including Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law, and the Supreme Court Circular Letter (SEMA) Number 2 of 2023, which definitively closed the judicial pathway for registering interfaith marriages. Yet despite this increasingly stringent normative framework, interfaith marriage continues to exist and receives broad social acceptance in Desa Reco, Kertek District, Wonosobo Regency, a community long known for its deeply rooted tradition of inter-religious tolerance across generations. Rather than revisiting the fiqh debate on the validity of such marriages, this study focuses on how local community figures perceive and make sense of this ongoing practice amid increasingly restrictive state regulation. This study employs a socio-empirical approach through descriptive-analytical field research. Primary data were obtained through in-depth interviews with three groups of community figures in Desa Reco, namely village government officials and the Village Consultative Body (BPD), religious leaders, and community figures, supplemented by data from interfaith couples themselves and staff of the Kertek Office of Religious Affairs (KUA). The qualitative analysis was conducted deductively by applying two principal theoretical frameworks: the Sociology of Islamic Law as developed by M. Atho Mudzhar, particularly its treatment of Islamic law as a social phenomenon, serving as the primary analytical tool, and Max Weber's Theory of Social Action, with emphasis on value-rational action supported by traditional action, employed to examine the motives underlying these figures' attitudes. The findings indicate that the views of Desa Reco's community figures toward interfaith marriage exhibit a consistent pattern despite their differing social roles. Village officials pursue a policy of cultural bureaucracy that facilitates civil registration without questioning the underlying theological beliefs, religious leaders maintain a firm stance on matters of personal faith while separating them from the social domain, and community figures demonstrate the most open acceptance through traditions such as communal feasts (kenduri) and mutual cooperation. Viewed through the Sociology of Islamic Law, this pattern demonstrates that Islamic law is continually negotiated through everyday social interaction, while from the perspective of Weber's theory of social action, these figures' attitudes constitute conscious, rational action oriented toward the value of communal harmony, rather than mere unreflective habit. These findings affirm that the phenomenon in Desa Reco does not constitute an act of defiance against the law, but rather a cultural compromise arising from the defiance against the law, but rather a cultural compromise arising from the community's capacity to separate the domain of faith from the domain of social affairs.
PANDANGAN TOKOH MASYARAKAT TERHADAP PERKAWINAN BEDA AGAMA PERSPEKTIF SOSIOLOGI HUKUM ISLAM (STUDI DI DESA RECO, KECAMATAN KERTEK, KABUPATEN WONOSOBO)
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FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA