FENOMENA PERKAWINAN BEDA AGAMA ANTARA BAHA’I DENGAN ISLAM (STUDI PRAKTIK PERKAWINAN DI BANYUWANGI JAWA TIMUR)

A.Millati Azka. A.M. S.H, NIM.: 18203010068 (2021) FENOMENA PERKAWINAN BEDA AGAMA ANTARA BAHA’I DENGAN ISLAM (STUDI PRAKTIK PERKAWINAN DI BANYUWANGI JAWA TIMUR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriages of different religions generally occur between adherents of the six recognized religions in Indonesia, such as Christianity and Protestantism, Hinduism and Buddhism, Islam and Christianity and many more. On the other hand, interfaith marriages also often occur between religious believers and believers. Interfaith marriages between Baha‟i anad Islam have their own uniqueness compared to interfaith marriages between adherents of the six religions in Indonesia. This uniqueness occurs due to several reasons including; First, the status of Baha‟i, which is still being debated whether it is a religion or a belief; Second, the guarantee of the existence of Baha‟i in Indonesia does not guarantee that the services of Baha‟i administrative rights are fulfilled entirely. So if a Baha‟i marries another Baha‟i, then their marriage cannot be registered immediately. The fact that proves that Baha‟i in Indonesia are found mostly in the Banyuwangi area, and there is evidence in the field that some of the Baha‟i adherents in Banyuwangi are married to Muslims, making it one of the main studies in this research. This research is a field research using an empirical juridical approach. The data collection techniques in this study used observation, interview and documentation methods and descriptive conclusions were drawn about theories related to the problem of interfaith marriage between Baha‟i and Islam. This research resulted in two conclusions, namely: First, the practice of marriage between Baha‟i anad Muslims in Banyuwangi occurs through two ways of marriage, namely according to the Islamic method first then through the Baha‟i procedure. Three out of four couples in Banyuwangi married in two ways described, while the other couple only married in a Baha‟i manner without going through the Islamic process. There are several reasons why the practice of marriage is successful in Banyuwangi. So that the practice and causes of the marriage between the Baha‟i and Islam, if then seen through Max Weber‟s theory of social action. So it can be said that this practice is oriented towards three social actions. Second, the rule of regarding interfaith marriage in Indonesia has not been specifically modified so far. However, in general, the laws and regulations in Indonesia prohibit marriage for parties of different religions. This is to explain how Indonesian law handles cases of interfaith marriage between Islam and Baha‟i, whose status is as a believer. So through the basis of the rules of article 2 of the marriage law, it can be said that marriage can only be carried out as long as each of the brides adheres to the same religion and or the same belief before religious leaders / religious leaders. So that the marriage that is carried out is a marriage that is in accordance with the rules of marriage in Indonesia, as well as in accordance with the rules of the believers of faith as stipulated in PP. 40 of 2019.

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