Tuesday, May 17, 2011

Settings on inter-religious marriage under the Ordinance No. 1 of 1974 on Marriage

Wherever deemed valid marriage is recognized by the state. Recognized by the state means it must have fulfilled the conditions and events which are determined by positive law
Regarding inter-religious marriage if we examine the articles and descriptions of Law No. 1 of 1974 on Marriage, we find no express provision governing the issue of interfaith marriage is, besides that, if we carefully then we can only conclude that no one pasalpun either express or implied that prohibits intermarriage.
Does the Marriage Law No. 1 of 1974 to allow or prohibit interfaith marriage? According to the opinion of the writer, to answer that question there are only two articles in Law No. 1 of 1974 is that we can use as guidelines, namely:

    
* Article 2 paragraph (1) Law No. 1 of 1974 on Marriage states that marriage is valid if conducted according to the laws of each religion and belief.
According to article 2, paragraph (1) Law No. 1 of 1974 on marriage is that marriage is valid if conducted according to the laws of each religion and belief. What is meant by the law of his religion or belief, including statutory provisions that apply to religious groups and beliefs to the extent not contrary to or not otherwise provided in Act No. 1 of 1974 on Marriage
This means that the law gave to each religion to define the ways and the terms of the conduct of the marriage in addition to the ways and conditions specified by the state.
So whether a marriage prohibited or not, or whether the prospective bride has met the requirements or not depends in addition to the provisions contained in Law No. 1 of 1974 on Marriage is also determined by the laws of their religious teachings.

    
* Section 8 (f) of Law No. 1 of 1974 on marriage which states that prohibited marriage between two people who have a relationship which by his religion or other applicable laws, forbidden to marry.
From the provisions of Article 8 (f) above can be concluded that in addition there are the prohibitions expressly mentioned in the Act No. 1 of 1974 on Marriage and other rules also have prohibitions derived from the laws of each religion.
Therefore, in Law No. 1 of 1974 on Marriage does not have any prohibition against intermarriage, then the last stage that determines the presence or absence of a ban on inter-religious marriage is the law of religion itself.
According to Article 2 paragraph (1) jo 8 (f) of Law No. 1 of 1974 on Marriage, it can be concluded that in order to determine whether or not permitted inter-religious marriage depends on the law of religion itself. Lawmakers seem to hand over the matter entirely to the religious provisions of each party.
Part IV.
CONCLUSION
From urain above, it can be concluded that there are three basic principles of Islamic religious views on marital problems among adherents of Islam by people who are not the religion of Islam, namely:

   
1. Prohibiting marriage of Muslims with religious people who worship idols, polytheism, religions that do not have a holy book, and with atheists.
   
2. Forbids marriage between Muslim women by Muslim men are not
   
3. Regarding marriage between Muslim men with women who are not Muslim scribe, there are three kinds of opinions, namely:
- Prohibit the absolute
- Allows absolutely
- Memperkenenkan on the condition that if the Muslim man's strong faith and diligent worship.
As well as from the provisions of Law No. 1 of 1974 on Marriage, it can be concluded that in order to determine whether or not permitted inter-religious marriage depends on the law of religion itself. Therefore, in Law No. 1 of 1974 on Marriage regulations do not expressly regulate the problem of inter-religious marriage is, besides that, if we carefully then we can only conclude that no one pasalpun either express or implied that prohibits intermarriage , then the last stage that determines the presence or absence of a ban on inter-religious marriage is the law of religion itself.

Destination wedding

* Allowing sex relationships to meet the demanding nature of humanitarian intent
    
* Creating a family with a basic love
    
* Obtain the legitimate offspring
    
* Maintain humanity from evil and destruction
growing activity in trying to find a halal sustenance and increase a sense of responsibility.
Islamic law regulates the conditions sayarat and harmonious marriage according to God's word in the Quran (which can not be changed and the effect of all time) and Al-Hadith.
The difference in the conditions and pillars of the Islamic marriage is that these conditions are things that must be met before the marriage, while the pillars of marriage are things that must be met to establish the time of marriage.
Pillars of Islam marriage consists of:

   
1. There should be a prospective husband and wife, or his representative
   
2. There should be a guardian and the candidate's wife, or his representative
   
3. There should be two Muslim male witnesses who are qualified.
   
4. The existence of consent-qabul
As for the terms of marriage, namely:

   
1. Approval from both prospective spouses and guardians of prospective wives
   
2. Muslim, are old enough and healthy mind
   
3. There are no family relationships are too close blood relatives
   
4. There is no marriage relationship
   
5. No relationship sepersusuan
   
6. Candidate's wife is not bound in a marital relationship
   
7. There is no religious difference between the future husband and future wife.
The terms Islamic marriage about the lack of religious differences between prospective husbands and wives of candidates mentioned above apply only absolute for Islamic women.
In Al-Quran surah Al-Um, the Prophet of Islam forbids women mating with men who are not Islamic.
The reason melarangn marriage between Muslim women alone with a man who is not Muslim is because women are weak heart and irritable feelings, and because most women are under the authority of men, it is feared that Muslim women apostates leaving Islam.
For men of Islam, Al-Quran surah Al-Maidah paragraph 5 states that allowed Muslim men to marry non-Muslim women if only women scribes.
Muslim men who wish to marry women who are Jews and Christians, namely the women who cling to the Torah and the Bible The Holy Bible can not be allowed or banned from the men was a strong Islamic faith and diligent in worship, both moral and have authority in the household, to foster house and educate his wife so that could gradually accept the Islamic religion and run it well.