REASONS OF INTERFAITH MARRIAGE ACTORS FROM THE PERSPECTIVE OF ISLAMIC LAW (CASE STUDY OF INTERFAITH MARRIAGE IN NEW SOROWAJAN HAMLET, VILLAGE BANGUNTAPAN, BANGUNTAPAN DISTRICT, BANTUL)

Ahmad Afandi, NIM.: 06350010 (2010) REASONS OF INTERFAITH MARRIAGE ACTORS FROM THE PERSPECTIVE OF ISLAMIC LAW (CASE STUDY OF INTERFAITH MARRIAGE IN NEW SOROWAJAN HAMLET, VILLAGE BANGUNTAPAN, BANGUNTAPAN DISTRICT, BANTUL). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Interfaith marriage is a marriage between different religious adherents to build an everlasting household. Interfaith marriage is a real phenomenon to see and not such difficult to find all over Indonesia. It‟s also happening in New Sorowajan Hamlet, Village Banguntapan, Banguntapan District, Bantul. Of thirteen actors in this hamlet, five spouses are taken to be the sample in oder to observe entire problems happened around the marriage, then the problems, especially their reasons to get married and the impacts resulted, are analyzed in accordance with Islamic law and Indonesian regulations with normative and sociological approach. Confusion around status of the marriage as well as the children that have been already born in the marriage, are the reason for the author to accomplish this research. Interfaith marriage actors decided to get married based on many reasons. Having observation and interview to many respondents, I found seven reasons used by the interfaith marriage actors In New Sorowajan Hamlet to continue their desire to get married, namely: 1) love and affection 2) quality of human, not just the religion 3) suggestion from kyai. Having a consultation with an Islamic scholar (kyai)/Islamic lecturer, then they got that their marriage was permissible if their belief is strong 4) being pregnant 5) if they were prohibited to get married it would be discrimination and violation towards their human rights 6) they believe that all religions are similar 7) all components of the family approved including their parent thus the other things will not be a matter so that their desire to get marriage was supported. I found also many negative impacts as the result of interfaith marriage, especially in this hamlet, namely: 1) obscurity of children‟s status and pretense in religion2) problem of marriage legality, partially according to Islamic law 3) loss of right in inheritance 4) confusion within the law as the result of uncertainty 5) domination and anxiety of worship will be conducted 6) counterfeiting will continue because their marriage began with a counterfeit 7) one of the spouse probably will move to his husband/wife‟s religion. Beside the negative, there is also the positive impact, namely: it would create a sense of tolerance earlier within every single component of the family. The result of the analysis is that of seven reasons only three of them probably are accepted, namely: 1) if their belief is strong, thus interfaith marriage will be allowed for them 2) being pregnant 3) if they were prohibited to get married it would be discrimination and violation towards their human rights. The other reasons are considered as no matter. Of the many impacts, there are merely two impacts considered as the most important thing to be analyzed, namely about children‟s status and right of inheritance. The result is that there are two possibilities, children‟s status is the same as commonly people or they are considered as son of zina>, so do inheritance matter.

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