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.

Definitions and Reasons for Making Marriage Siri

Siri marriage is often interpreted by the general public with; First; marriage without a guardian. Such marriages are conducted in secret (siri) due to the female guardian does not agree, or because it considers valid marriage without a guardian, or just to satisfy mere lust no longer heed the provisions of the Shari'a, secondly, that legal marriage is religious but not listed in the state recording agency. Many factors that cause a person not registered her marriage in the state civil registration agencies. There is due to the cost factor, the alias is unable to pay the administrative record, some are caused by the fear of getting caught breaking the rules that prohibit public servants more than one marriage, and so forth. Third, the marriage a secret because of certain considerations, such as fear of getting negative stigma from the community who already consider taboo siri marriage, or because of complicated considerations that compel someone to keep her marriage.

Marriage Without Legal Guardian

As for the facts first, that marriage without a guardian, in fact Islam has prohibited a married woman without a guardian. Such provisions are based on a hadith narrated from the companions of Abu Musa ra; that the Messenger of Allah said;
لا نكاح إلا بولي
"No legitimate a marriage without a wali." [HR a five except Imam An Nasaaiy, see, Imam Ash Syaukani, Nailul Authar VI: 230 hadith to 2648].
Based dalalah al-iqtidla ', the word "laa" in the hadith indicates the sense' illegitimate ', not just' not perfect 'as the opinion of some of Jurists. Such meaning was reaffirmed and strengthened by the hadith narrated by Aisha ra, that the Prophet once said:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل, فنكاحها باطل, فنكاحها باطل
"Any woman who marries without the permission of her guardian, then her marriage vanity; marriage vanity, vanity marriage." [HR a five except Imam An Nasaaiy. See, Imam Asy Syaukaniy, Nailul Authar VI: 230 hadith to 2649].
Abu Huraira ra also narrated a hadith, that the Messenger of Allah said:
لا تزوج المرأة المرأة لا تزوج نفسها فإن الزانية هي التي تزوج نفسها
"A woman should not marry another woman. A woman is not entitled to marry herself. Because, in fact it is the adulteress woman (a woman) who married himself. " (Reported by Ibn Majah and Ad Daruquthniy. See, Imam Asy Syaukaniy, Nailul Authar VI: 231 hadith to 2649)
Based on the above hadiths show that a marriage without a wali is vanity marriage. Perpetrators have made maksiyat to Allah, and are entitled to sanctions in the world. Only, the Shari'a has not set forms and levels of sanctions for those involved in marriage without a guardian. Therefore, the case of marriage without a guardian ta'zir incorporated into the chapter, and decisions about the form and content of sanctions handed over entirely to a qadliy (judge). A judge may assign sanctions imprisonment, exile, and so forth to the perpetrators of marriage without a guardian.

Marriage Without listed on the Civil Registration Agency

The fact siri second marriage, that marriage is valid according to the provisions of the Shari'a but not listed in the civil registration agency, in fact there are two laws that must be assessed differently, namely (1) the law of marriage, and (2) the law does not record the marriage in the state recording agencyFrom the aspect of marriage, the marriage siri remain valid under the terms of the Shari'a, and the perpetrators should not be considered to have committed kemaksiyatan, thus entitled to legal sanctions imposed. The reason, a new act entitled considered kemaksiyatan and sanctioned in the world and the hereafter, when it was categorized "doing anything forbidden" and "leave the obligatory". Someone had to do kemaksiyatan declared invalid when she was working on an unlawful act, or abandon the obligations stipulated by the Shari'a.Similarly, people who leave or working on the lawless acts of the Sunnah, permissible, and makruh, then that person may not otherwise have done kemaksiyatan; thus entitled to a sanction in the world and the hereafter. For that, a qadliy should not be penalizing people who abandon the sunnah acts, and permissible; or do act permissible or makruh.New person entitled to legal sanctions imposed on the world when the person first, leaving the obligation, such as leaving the prayer, jihad, and so forth, secondly, doing forbidden acts, such as drinking khamer and berate the Apostle of Allah, and so forth; third, breaking the rules- state administrative rules, such as violation of traffic regulations, building permits, and other rules established by the state.Based on the information it can be concluded; marriage that is not recorded in the recording of state institutions should not be regarded as a criminal act so that the perpetrators are entitled to a sin and punishment in the world. Because the marriage that he did have fulfilled the pillars of marriage laid down by Allah Almighty. As for the pillars of marriage are as follows: (1) guardian, (2) two witnesses, and (3) consent qabul. If these three things are met, then the person is a legitimate marriage in the Shari'a, although not recorded in the civil registry.The law relating to marriage is not registered in the state recording agency, then this case can be detailed as follows.First, basically, the recording function of recording the institution of civil marriage is for someone to have the evidence (Bayyinah) to prove that he really has done a wedding with another person. Therefore, any evidence which is considered valid as evidence syar'iy (Bayyinah syar'iyyah) is the official document issued by the state. When the marriage listed in the civil registration agency, surely someone has had an official document that can he used as evidence (Bayyinah) before the judicial council, when there are disputes relating to marriage, or disputes that were born out of marriage, like inheritance, custody children, divorce, maintenance, and so forth. However, official documents issued by the state, is not the only evidence syar'iy. Testimony from witnesses of the marriage or people who witnessed the wedding, also valid and should be recognized by the state as evidence syar'iy. State should not establish that the only items of evidence to prove the validity of one's marriage is a written document. The reason, the Shari'a has determined the validity of evidence other than written documents, such as the testimony of witnesses, oath, acknowledgment (iqrar), and so forth. Based on this explanation can be concluded that, the man who married siri still have a legitimate inheritance relations, and other relationships are born of the marriage. In addition, testimony from witnesses who attended siri marriage is legitimate and should be recognized as evidence syar'iy. State must not deny their testimony just because the marriage is not recorded in civil registration agency, or do not recognize inheritance relationships, nasab, and other relationships are born of the marriage siri.Second, the golden era of Islam, in which the recording system has grown rapidly and developed, we've never come across any Islamic government that criminalizes people who perform marriages that are not listed on the institution's official records state. More than that, most people at that time, perform marriages without recorded in civil registration agencies. It can not be stated that at the time of recording underdeveloped institutions, and state of society at that time before society as complex as the situation now. The reason is, the rulers and Muslim clerics at that time understand that the legal origin of marriage records are not mandatory, but permissible. They also understand that proof syar'iy not just a written document.The Prophet himself did the wedding, but we never find a history that listed the marriage he or she requires the Companions to register their marriages, although the command to write (record) a few muamalah been mentioned in the Qur'an, for example, the word of Allah swt ;ياأيها الذين ءامنوا إذا تداينتم بدين إلى أجل مسمى فاكتبوه وليكتب بينكم كاتب بالعدل ولا يأب كاتب أن يكتب كما علمه الله فليكتب وليملل الذي عليه الحق وليتق الله ربه ولا يبخس منه شيئا فإن كان الذي عليه الحق سفيها أو ضعيفا أو لا يستطيع أن يمل هو فليملل وليه بالعدل واستشهدوا شهيدين من رجالكم فإن لم يكونا رجلين فرجل وامرأتان ممن ترضون من الشهداء أن تضل إحداهما فتذكر إحداهما الأخرى ولا يأب الشهداء إذا ما دعوا ولا تسأموا أن تكتبوه صغيرا أو كبيرا إلى أجله ذلكم أقسط عند الله وأقوم للشهادة وأدنى ألا ترتابوا إلا أن تكون تجارة حاضرة تديرونها بينكم تديرونها بينكم فليس عليكم جناح ألا تكتبوها وأشهدوا إذا تبايعتم ولا يضار كاتب ولا شهيد وإن تفعلوا فإنه فسوق بكم واتقوا الله ويعلمكم الله والله بكل شيء عليم"O ye who believe, if you bermu` amalah not in cash for the specified time, you should write it down. And let a writer in you write it correctly. And do not be reluctant writer to write as Allah has taught him, then let him write, and let people who owe it mengimlakkan (what would write it), and let him fear Allah his Lord Allah, and let it reduce a bit rather than debt. If the debtor is the weak minds or weak (condition) or he himself is unable mengimlakkan, then let his guardian mengimlakkan honestly. And persaksikanlah with two witnesses of the men among you). If no two men, then (be) a man and two women from the witnesses that you ridhai, so that if one forgot the other one reminded him. Do the witnesses were reluctant to (give details) if they are called, and do not be bored to write that loan either small or large until the deadline to pay. That is, more equitable in the sight of Allah and more to strengthen the testimony and closer to not (cause) doubts, (mu `amalahmu write it), except if you` amalah that you run the cash trade among you, then there is no sin for you, (if) you do not write it. And persaksikanlah if you sold and bought, and not the author nor witness suffer harm. If ye do (such), then surely it is a wickedness in you. And fear Allah, Allah taught you, and Allah is Aware of all things ". [TQS AL Baqarah (2):Third, the treasures of Islamic justice, it is true, the state is entitled to impose sanctions to the person mukhalafat mukhalafat action. Because the state (in this case a Khalifah and the one who lifted) have the right to establish certain rules to regulate the affairs of the people who have not established rules and procedures for regulation by the Shari'a, such as traffic affairs, construction, exploration, and forth. Khalifah has the right and authority to manage the affairs of this kind based on ijtihadnya. Rules established by the caliph or qadliy in the case-case of this kind must be obeyed and implemented by the people. Anyone who violates provisions of the caliph in such affairs, he had fallen in action and are entitled to sanctions mukhalafat mukhalafat. For example, a caliph entitled to set the interval the home page and public roads, and forbids people to build or plant on his side at a distance of few meters. If someone violates this requirement, the caliph may impose sanctions on him with fines, flogging, imprisonment, and so forth.Khalifah also have the authority to determine the dose, the scales, as well as special measures for the regulation of sale and purchase and trade affairs. He is entitled to impose sanctions for those who violated his orders in that respect. Khalifah also have the authority to set certain rules for the cafes, hotels, game rentals, and other public places, and he is entitled to impose sanctions on those who violate the rules.Similarly, in terms of setting a wedding affairs. Caliph is okay to assign certain administrative rules to regulate affairs of marriage, for example, rules that require people who are married to her marriage record in the official records state agencies, and others. Such rules must be obeyed and implemented by the people. For that, the state reserves the right to provide sanctions for those who are not registered her marriage to the state recording agency. Because the people who are not registered her marriage in the state recording agency - even though the state has established such a rule has been dropped in on the action-mukhalafat. The form and content mukhalafat sanctions handed over entirely to the Deputy and the person who gave the authority.To note here is that the party is penalizing legitimate syar'iy mukhalafat just a caliph who dibai'at by Muslims, and people appointed by the caliph. In addition to the caliph, or persons designated, does not have the right and authority to impose sanctions mukhalafat. On that basis, the head of state who do not have aqad bai'at with the people, then head of state of this kind imposed sanctions were invalid mukhalafat to its people. Therefore, a new person entitled to be obeyed and regarded as the head of state if the people have membai'atnya with bai'at in'iqad and obedient. The person who is the head of state without going through the process of folk bai'at (in'iqad and obedient), then he is not a legitimate ruler, and people do not have the obligation to obey and listen to his orders. Moreover, if the rulers were the rulers who implement kufr base of democracy and secularism, then people would not be allowed to give obedience to them.Fourth, if the marriage siri done because the cost factor, so in these cases the state may not criminalize and impose sanctions to the perpetrators mukhalafat. Because the person is not registered her marriage due to his inability; while the Shari'a does not burden a person beyond his limits. Therefore, the State should not criminalize these people, even obliged to provide free recording services to people who are unable to register her marriage in the state recording agency.Fifth, in effect, the Prophet has encouraged his people to spread the wedding by holding walimatul 'ursy. Prompts for walimah, although not to arbitrate mandatory but highly recommended prophet (Sunnah muakkadah). The Holy Prophet said;حدثنا أولم ولو بشاة"Is there walimah although with a goat". [HR. Imam Bukhari and Muslim]Many positive things that can be achieved by someone from broadcasting marriage; of which are: (1) to prevent the emergence of defamation in the midst of society, (2) allows the public to provide testimony, if later there are problems concerning the bride and groom; (3) makes it easy to identify if someone is married or not.This sort of thing is certainly different from the marriage that is not published, or suppressed (siri). Addition will lead to the emergence of defamation, for example if a married woman pregnant siri, it would appear negative allegations from the public against these women; siri marriage will also complicate the culprit when asked for testimony about her marriage. If he does not have an official document, so in all cases requiring testimony, he had to present witnesses sirinya marriage, and this will certainly be very difficult for him. On that basis, the suggestion to register the marriage in the state recording agency to be relevant, for the sake of easiness for the husband and wife and society and to prevent libel.

Marriage Laws in Islam

Under the command of marriage from some of the verses of the Koran and the hadith of the Prophet, the scholars disagree on marriage law nenetapkan. According Jumhur Ulama, the marriage was voluntary and could also be mandatory or forbidden. Marriage is included in the field of Muamalat, is the basic rule is ibahah Muamalat (fine). Therefore, the legal origin of mating in terms of Islamic law rules category are: Ibahah (fine), Sunnah (when viewed from the physical growth, the desire to settle down, mental readiness, preparedness fund married life has really existed), Mandatory (if someone is mature enough to housekeeping, both in terms of physical and spiritual growth, and mental readiness, ability to finance domestic life and in order not to fall in a hole adultery), makruh (if done by someone who is not ready physically, spiritually (mental ), as well as household expenses), Haram (that violate the prohibitions or unable menghidupu family.

In Islam, marriage requirements are:
(1) consent of both parties,
(2) mahr (dowry),
(3) must not violate the prohibitions of marriage.
When the marriage requirement is not met, then the marriage is invalid or null and void.
While the pillars of marriage are:
(1) future husband,
(2) The candidate's wife,
(3) guardian,
(4) witnesses and
(5) consent granted.

Summary of Procedure for Marriage In Islam

Islam is a religion that syumul (universal). Religion that covers all facets of life. There is not a problem whatsoever, in this life, which is not explained. And there is no single problem that does not touch the Islamic values, although the problem seems small and trivial. Includes marriage ordinances of Islam are so full of nuance great nan. And Islam invites to abandon the traditions of the past filled with ceremonies and customs that prolonged and exhausting as well as contrary to Islamic law.

Islam has given a clear concept about marriage procedures based on the Quran and the Sunnah of Sahih. In this occasion the editor trying to present it briefly and as needed. The Procedure or series of the Marriage in Islam is as follows:


I. Khitbah (proposal)

A Muslim man who would marry a Muslim he should propose first, because it is possible he was dipinang by others, in this case Islam forbids a Muslim woman who was dipinang proposed by others (Muttafaq 'alayhi). In khitbah disunnahkan see the face that will dipinang (HR: [saheeh] Ahmad, Abu Dawud, Tirmidhi No. 1093 and Darimi).

II. Aqad Marriage

In aqad marriage there are some terms and obligations that must be met:
a. The presence of both consensual bride.
b. The existence of consent Qabul.
c. The existence of Mahar.
d. The existence of Guardians.
e. The existence of witnesses.

And according to the sunnah before marriage held aqad first sermon, called Khutbatun Marriage or Khutbatul urination.

III. Walimah

Walimatul 'urusy obligatory and this will be as simple as possible and in walimah should be invited to the poor. Rasululloh sallallaahu 'alaihi wa sallam said about inviting rich people just mean the food is bad-bad food.

Word of the Prophet sallallaahu 'alaihi wa sallam, meaning: "The worst food is the food in walimah which only invite people just to eat rich, while poor people were not invited. Whoever does not attend the invitation walimah, then she rebel against God and His Messenger. " (HR: [saheeh] Muslim 4:154 and 7:262 Bayhaqi from Abu Hurayrah).

As a cautionary note should be invited to the righteous people, whether rich or poor, because there are words of the Prophet sallallaahu 'alaihi wa sallam, meaning: "Do not associate it with those who believe and do not eat your food but the people are god-fearing ". (HR: [saheeh] Abu Dawud, Tirmidhi, Hakim 4:128 and 3:38 Ahmad from Abu Sa'eed).

(Reference Source: Various Sources of the Qur'an and Sunnah and Hadith Books).

Marriage Law of Religious Differences in Islam and Christianity, Just Do?

Love is blind, "so said a British poet, William Shakespeare. A very famous phrase that is often evident in everyday life. In fact, sometimes to forget the rules of religion. Currently, not a few Muslims because of" love "trying as best likely to marry someone of different religions. "Please help ... I really serious to do interfaith marriages. I am really confused what to do anymore, "wrote a Muslim woman on a page.
Then Could a Muslim according to Islamic law, both men and women to marry someone from a different religion? Interfaith marriage problem has received serious attention of scholars in the country. Indonesian Ulema Council (MUI) in the deliberations of the National II in 1980 has set a fatwa on interfaith marriage. MUI adopted two decisions related to these interfaith marriages.
First, the scholars in the country is decided that the marriage of Muslim women by male non-Muslims is haraam. Secondly, a Muslim man is forbidden to marry non-Muslim woman. Marriages between Muslim men with women peoples of the book is there is a difference of opinion. "After considering that mafsadatnya greater than maslahatnya, MUI memfatwakan marriage is haraam," said Board Chairman General Assembly II MUI, Prof Hamka, in the fatwa.
In deciding his fatwa, the MUI uses the Qur'an and Hadith as fundamental law. "And do not marry women idolaters until they had faith (Islam). Truly a believing slave woman is better than idolatrous woman, even though he pleases you. And do not marry women idolaters people (with the women believers) until they believers. Truly a believing slave is better than the idolaters, even though he pleases you ... " (QS: Al-Baqarah: 221).
In addition, the MUI also use the Quran surat al-Maidah paragraphs 5 and at Tahrim paragraph 6 as the argument. Meanwhile, the hadith is a proof that the word of the Prophet Muhammad who narrated Tabrani: "He who has married, he has maintained a half part of his faith, therefore, let him piety (fear) of Allah in the other."
NU Ulama (NU) has also set a fatwa related to interfaith marriages. The fatwa stated in the 28th congress in Yogyakarta in late November 1989. NU clerics in his fatwa affirm that marriage between two people of different religions in Indonesia, the ruling is invalid.
The Legal Affairs Committee and Tajdid PP Muhammadiyah also have set a fatwa on interfaith marriage. Strictly speaking, scholars Muhammadiyah Muslim states that a woman is forbidden to marry non-Muslim men. This is in accordance with the letter al-Baqarah verse 221, as mentioned above. "Based on the verse, the believers men are also prohibited from marrying non-Muslim women and Muslim women are prohibited from guardian to marry with men of non-Muslims," ​​said cleric Muhammadiyah in his fatwa.
Ulama Muhammadiyah also stated interfaith marriages are also prohibited in Christianity. In a natural agreement, the book replicates 7:3, Christians are also forbidden to marry a different religion. "In the Law No. 1 / 1974 Article 2 Paragraph 1 also states that" marriage is lawful, if done according to the laws of each religion or belief. "
"So, the criterion validity of marriage is the law of each religion are shared by both families," said cleric Muhammadiyah in his fatwa. Ulama Muhammadiyah interfaith marriage rate ever recorded in a registry office remained legally illegitimate in Islam. It was appraised as an agreement of an administrative nature.
Ulama Muhammadiyah did acknowledge the existence of differences of opinion about the Muslim man marrying a woman bolehnya non-Muslims based on an al-Maidah verse 5. "However, it should also be seen the letter Ali Imran verse 113, which can reflect on how the scribes who can marry Muslim men," said cleric Muhammadiyah.
In many ways, says cleric Muhammadiyah, the marriage of a woman scribe with many Muslim men carry kemadharatan. "So, such a marriage is also prohibited." Abdullah ibn Umar RA was banned Muslim men marrying non-Muslim woman.

FATWA MUI - interfaith marriages

DECISION FATWAUlema Council INDONESIANumber: 4/MUNAS VII/MUI/8/2005About
MARRIAGE DIFFERENT RELIGIONS
Indonesian Ulema Council (MUI), the MUI VII National Congress, on 19-22 Jumada End 1426H. / July 26 to 29 2005M., AfterCONSIDERING:
1. That happened recently pointed out many interfaith marriages;2. That marriage is not only different religions invite debate among fellow Muslims, but also often invite unrest in the midst of society;3. That in the midst of society has emerged to justify the idea that marriage of different religions under the pretext of human rights and welfare;4. That to realize and maintain peace married life, the MUI fatwa deems it necessary to set about the marriage of different religions to be pedoman.More ...
WHEREAS:
1. Firman Allah SWT:And if ye fear that ye can not do justice to the (rights) female orphans (if you marry her), then marry women (others) that you like: two, three or four. Then if you fear will not be able to be fair, then (marry) only one, or the slaves which ye possess. That is closer to not do injustice. (Surah al-Nisa [4]: ​​3);And among the signs of his power is He created for you wives from jenismu own, so you tend to be and feel at ease with him, and made him among you a sense of love and affection. Verily in this is truly there are signs for those who think. (Surah al-Rum [3]: 21);O ye who believe, guard yourselves and your families from hell fire fuel is men and stones; guardian angels are rough, tough, who do not disobey Allah in what He disclosed to them and always do what is ordered . (Surah al-Tahrim [66]: 6);On this day Lawful unto you are all right. Food (slaughtered) the people who received the Scripture is lawful for you, and your food is also halal for them. (And the lawful marriage) are the women who guard of honor among the women who believe and women who guard of honor among those who received the Scripture before you, if you have paid their dowries with the intention of marrying her, not with the purpose of adultery and not (also) made concubines. Anyone who rejects faith (do not accept Islamic law), then delete it and his deeds in the hereafter, including those who have lost. (Surah al-Maidah [5]: 5);And do not marry women idolaters, until they believe. Truly a believing slave woman is better than an idolatrous woman, even though he pleases you. And do not marry idolaters (with the women believers) until they believe. Truly a believing slave is better than the idolaters even though he pleases you. They were invited to Hell is God invites to Paradise and pardon by His permission. And Allah explains His verses (of His commands) to mankind that they may take heed. (Surah al-Baqarah [2]: 221)O ye who believe, if it comes emigrated to you believing women, then let you test (faith) them. Alllah knows more about their faith, so if you already know that they (really) believe it jangalah you return them to (their husbands) those who disbelieve. They are not lawful for the disbelievers and infidels is not lawful for them too. And give to (the husbands), their dowry which they have paid. And there is no sin for you to marry them if you pay them maharnya. And do not stick to the rope (marriage) with infidel women, and that ye ask for dowry which you have paid, and let them ask for a dowry that they have paid. Thus the law of God that set him among you. And God is knowing and all-wise (Surat al-Mumtahianah [60]: 10).And whosoever of you (free people) who are not shopping enough to marry a free woman again believer, he may marry a woman of faith, of the slaves which ye possess. God knows your faith; sebahagian sebahagian you are from another, so they marry with the consent of their masters and give them dowries by the inappropriate, they were also the women who maintain themselves rather than adulterers and not (also) the women who took another man as a pet, and if they have kept themselves to marry, then they did a heinous act (adultery), then over them half the penalty of punishment independent women who married. (The ability to marry a slave), it is for people who are afraid of trouble keeping yourself (from the act of adultery) among you, and patience is better for you. Pengamun and Allah is Most Merciful (Surah al-Nisa [4]: ​​25).2. Prophet hadiths s.a.w:She (be) married for four things: (i) because of his wealth, (ii) because (the origin) offspring, (iii) because of her beauty; (iv) because of religion. Then you shall hold fast (with women) who according to Islamic religion, (if not) will be destroyed both your hands (Hadith narrated from Abi Hurayrah muttafaq alaih ra);3. Qa'idah Fiqh:Kemafsadatan prevent over precedence (priority) than the attractive benefit.
TAKING INTO ACCOUNT:
1. MUI Fatwa decision in the General Assembly II in 1400/1980 on Mixed Marriage.2. Opinion Affairs Commission Meeting C MUI Fatwa on VII National Meeting 2005:
With bertawakkal to Allah SWT
DECIDED
SETTING: FATWA ON DIFFERENT RELIGIOUS MARRIAGE
1. Interfaith marriages are haram and illegitimate.2. Marriage of Muslim men with women Ahlu Book, according to qaul mu'tamad, are haram and illegitimate.
Stipulated in JakartaOn Date: 22 Jumada End 1426 H.July 29, 2005 AD
Deliberation NASIOANAL VIIINDONESIA Ulema Council,Head of Commission C Field Fatwa Session
Chairman, Secretary,
K. H. AMIN Ma'ruf Hasanudin

Guardians for Children Outside of Marriage Marriage

A dispute among the scholars regarding the legitimacy of the marriage of a woman who is pregnant due to adultery: The scholars Maliki, Hambali and Abu Yusuf of the Hanafi madhhab not allow her marriage before she gave birth, not by man ang menzinahinya or not also with other men, based on word of the Messenger of Allah, "A woman who is pregnant should not be clocked so that she gave birth .." (Narrated by Abu Daud) and as a history of Said al Musayyib that a man has married a woman and when it is known that the woman was pregnant and diberitahukanlah this to the Prophet peace be upon him so he had to separate them both. "(Narrated by al-Bayhaqi). While the Shafi'i and Hanafi scholars allow her marriage due to not terkukuhkannya nasab, based on the Prophet, "The boy was to have a bed for those who commit adultery do not have anything." (Narrated by Abu Jama except David). Markaz al-Fatwa in his fatwa after the above-mentioned differences in the scholars say that as for children of the marriage-then dinasabkan to her mother and her family with the correct sar'iy penasaban kemahraman confirming that continues to be syar'i guardianship, and inheritance ashobah and any other kind of laws of a child because in essence he is a child from her (her mother, who conceived it) and there is no dispute in this case. The penasaban a child to his father who committed adultery and menisbatkannya him then allowed by Ishaq bin Rohuyah, 'Urwah, Sulayman ibn Yasar, and Abu Hanifa. Abu Hanifah said, "I do not see a problem if a man who committed adultery with a woman and her pregnant and then he married her and cover her shame and ang child is a child born from her (him)." Markaz al Fatwa jumhur prefer the opinion of scientists who claim that if a man married to a pregnant woman because of adultery dinasabkan the children born to a mother and her mother's family. The husband is the caretaker for the child. (Markaz al Fatwa No. 6045) As for the opinion that if the biological father and mother who have been pregnant this later married. If after marriage, the mother is still undergoing pregnancy for 6 months or more until birth, then the child can follow his father's lineage and could be a guardian illegitimate. but if the mother through pregnancy is less than 6 months until the time of his birth, then the child can only follow the mother's lineage .. This statement can be found in "al-Fataawa al Hindiah" in Fiqh Hanafiyah which states: if a man committed adultery with a woman and she became pregnant and then he married her and bear it if she was pregnant for 6 months or more then nasab boy terkokohkan and if she was pregnant for less than 6 months then nasab terkokohkan unless the child is not only limited to his confession, that this boy is his son-as long as he does not say, "Behold the child of adultery." As if he said, "Verily he is from me of adultery. "So nasabnya not terkokohkan and he does not bequeath his property." ... The strongest opinion is that adultery is not terkokohkan nasabnya child of a man marrying a woman adulterer both himself and the woman who dizinahinya contain child less than six months from the time of marriage ceremony or not marrying her and then her birth. However, if the child was ascribed to him by his confession and he did not say that the boy from the results of the nasabnya terkokohkan adultery laws in the world. Similarly, if the man marries a woman who dizinahinya and she conceived a child of the adultery and gave birth to a child in a period less than a minimum of a pregnancy while they were silent or admit it and do not say that he was one of the adultery then nasabnya terkokohkan in-law legal world. "(Fataawa al-Islam wa Answer Shual I juz 591 p.) By taking the opinion of jumhur expert knowledge that a child of adultery is not dinasabkan except to his mother and when these bastard wants to get married someday it would not be diwalikan by a father who committed adultery with her mother but the ward conducted by the ruler or judge. Because judges are the guardians for people who do not have a guardian, as the words of the Messenger of Allah, "the Lord is the guardian for people who have no guardian." (Narrated by Ahmad and Abu Daud) And if a natural child by the father married his mother menzinahi the marriage is doing is canceled so that the second pair should be separated. As for how the separation between the two is by the husband dropped talaq (divorce) to it if it dirina willing to do it yourself but if he does not want to do it yourself then the separation was carried out by the judge. As affirmed by Ibn Qudama that if a woman married to a broken marriage (void) it is not allowed himself denikahkan with other people who have been married so that people who marry divorced or separated were married. If her husband did not want to divorce her then hakimlah that should separate marriage, and these texts of Ahmad. (Al Mughni juz IX p. 125) After her husband to divorce his wife or both are separated by the judge and the man wanted to marry her back then let the new contract with diwalikan by the ruler or judge, which in this case is the KUA.

Law Brother Cousin Marrying

1. Cousins ​​not include a mahram, or a married woman is forbidden, as AQS An Nisa verse 23."Forbidden unto you (marriage) mother-your mother, your children are girls; the women's brothers, your fathers brothers are women; The brothers mother is female; daughters of your brothers are male; daughters of your brothers are women; mothers who breast-feed-your mother you; sepersusuan sister, wives, mothers (in law); the children that the wife of the wife who has been pemeliharaanmu you interfere, but if you have not mixed with wife had (and have you divorced), then you marry her innocent, (and forbidden) wives kandungmu children (laws); and gather (in marriage), two female siblings, except that has occurred in the past; Allah Oft-Forgiving, Most Merciful ".The purpose of this paragraph is the mother of mothers, grandmothers and so on upwards. and the meaning of girl is the daughter, granddaughter and so on down, so did others. is being referred to children who in pemeliharaanmu wife, according to scholars Jumhur including stepchildren who are not in their maintenance.So that is allowed to marry a cousin. Although the Holy Prophet never recommend to choose women who are far closer than the women who nasabnya for bad genes do not accumulate in their offspring.3. To explain to the parents, it is necessary to communicate the proper technique. Keep endeavor because you might not need a short time to get ridlo parents. This could be because of their ignorance and need an explanation .. Maximize your time to worship him. Expand Salih prayer and charity. Put yourself in Him. If necessary, ask for help to the scholars who are able to explain about the law mahram in Islam to your parents. But that does not mean that your cousin is not a mahram then you can free dating, still keep the relationship in accordance with things that are loved by God. Hopefully get a love-Nya.amin Andapun ..And Allaah knows best bisshawab,

Can Marry Stepchildren Daddy?

Perhaps he was married with a daughter who is rabibah (stepson / son's wife), his father was. Allow for boys rabibah husband was married to his father.The rule here, a marriage that is forbidden in mushaharah relationship or the relationship because the marriage of a man with a woman is the usul and Furu '[1] wife for the husband in particular and not for the relatives of her husband [2]. Similarly usul and Furu 'husband to be haram to marry the wife in particular and not forbidden to marry relatives of the wife. However, three classes from him, are forbidden by mere agreement, while one faction again should be accompanied by dukhul [3], with details as follows:- Usul husband haram for a wife with contract- Furu 'haram for her husband to contract- Usul wife haraam for her husband to contract- Furu 'haram for the husband and wife with the following contract dukhul.The meaning of usul wife is his mother, grandmother, grandmother and continues upward. While furu' her was her daughter, grandson, granddaughter of children's brother, and continued downward. While usul husband is his father, grandfather, grandfather and continues upward. While furu' her was her son, grandson, grandson of young boys and continues downward.To further clarify this issue, we give the following example:If a man (call it B,-important life.) Married a woman named Zaynab and her mother Zainab had named Asma `. Then Asma `forbidden to marry by the B (daughter / husband of his daughter) with akadnya solely with Zainab, because of asthma" including usul Zainab.When Zainab when married with the B, already has a daughter named Fatima, Fatima haram then married to the B (her husband) when the B / dukhul stepfather has been with his mother. That is, his stepfather had been "hanging out" with her mother.But when her mother divorced her stepfather before menggaulinya, then Fatima lawful marriage by former stepfather. Meanwhile, Asma ', the grandmother (mother of Zainab) remains lawful marriage.If the B has a father named Abdullah and son named Abdurrahman, Abdullah forbidden to marry the daughter (wife of the B of Zainab, as the example above, important life.) With the sole contract (between the law with B, his son, without dukhul requirements, spell bound.). Similarly, applicable to Abdurrahman. He was forbidden to marry his father's wife (Zainab) and mere agreement (between the B father with Zainab / her stepmother, spell bound.). But for Abdurrahman should marry the daughter Zainab Fatima, because that is forbidden for the usul and Furu 'husband is the wife in particular, and not haram for a wife relatives. And allowed for Abdullah, the father of the B, to be married to Asma ', the B-in-law (mother Zainab).The arguments in this case is the word of Allaah:ولا تنكحوا ما نكح آباؤكم من النساء إلا ما قد سلف إنه كان فاحشة ومقتا وساء سبيلا. حرمت عليكم أمهاتكم وبناتكم وأخواتكم وعماتكم وخالاتكم وبنات الأخ وبنات الأخت وأمهاتكم اللاتي أرضعنكم وأخواتكم من الرضاعة وأمهات نسائكم وربائبكم اللاتي في حجوركم من نسائكم اللاتي دخلتم بهن فإن لم تكونوا دخلتم بهن فلا جناح عليكم وحلائل أبنائكم وحلائل أبنائكم الذين من أصلابكم وأن تجمعوا بين الأختين إلا ما قد سلف إن الله كان غفورا رحيما"Do not marry women who have been married by the father-your father (stepmother), except at times in the distant past (before the ban is) ...." (An-Nisa ': 22-23)Prohibition in the above verse is addressed to Furu 'husband, unlawful for the boy to marry his father's wife.Word of Allaah:وأمهات نسآئكم"(Do not you married) ... the mother of the wife (in law) you."What dimaukan here is usul wife, forbidden to marry by her husband.Word of Allaah:وربائبكم اللاتي في حجوركم من نسائكم اللاتي دخلتم بهن فإن لم تكونوا دخلتم بهن فلا جناح عليكم"(Do not you married) ... the daughters of your wives who are in your maintenance of the wife whom you interfere. But if you do not interfere with the wife (and already parted with you) then you marry her daughter's innocence. "Addressed here is Furu 'wife, forbidden to marry by her husband.While the word of Allaah:وحلائل أبنائكم وحلائل أبنائكم الذين من أصلابكم"Forbidden to you also marry the wives of your biological children (daughter)."The ban is intended to usul husband, haram for a father to marry his wife.Allow for a man married a woman while the man's father married the daughter of the woman, because Furu 'haram for a husband wife only, not for the relatives of the husband. And should a man marry a woman, while her father married her mother. And Allaah knows best-bish shawab. (Fataawa wa fil Durus Haramil Makki, p.. 1041-1042)

Marrying stepfather Stepchildren

Question
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There was a friend asked about the legal marriage with a woman his own stepson. For that let me ask: Can a stepfather to marry with her ​​stepson? beg legal basis.
 
Answers
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It should not be when it comes to his mother, if had never been associated with it can. But not to the contrary.
Legal Basis
MAJMU 'Juz 16 HAL 218
دليلنا ما روى عبد الله بن عمرو بن العاص رضى الله عنه أن النبي صلى الله عليه وسلم قال (من نكح إمرأة ثم طلقها قبل الدخول بها حرمت عليه أمها ولم تحرم عليه ابنتها).
Our proposition is what is narrated by Abdullah Ibn Amr Ibn al-Ash that the Prophet said: he who is married to a woman, then mentalaknya before dikumpuli, the mother married woman is forbidden, but not haram for her son.

Marriage and Slavery

Assalamu'alaykum Wr. Wb."Kawinkanlah the people who alone among you and those worthy of sahayamu servant. If they were poor then God will enable them with His grace. And Allah is Knower wide. ""Let people marry who has not been able to be patient until Allah enables them with His grace. And those who seek an assessment of governance hukummu owned by you shall make agreements with them if you know there is goodness in them and give them the wealth which Allah has given you.Do not force the reply including hukummu order to conduct their own prostitution was only desire chastity krn you want to search for worldly gains.And anyone who forced them after the imposition of Allah is Forgiving and Merciful adl it. "Slave in verse 24:32 is the workers who have been married for a line memilikipersyaratan Islamic law differ gladiatorial slave.The term "AIMAAN" means "GOOD LAWS" can be seen in paragraph 4 / 3 4 / 36 5 / 89 6 / 109 9 / 12 16/38 16/71 16/92 16/94 24/33 35/42 66 / 2 68 / 39 and other provisions of law which is applicable in the life of the applicable law in effect in Islam called "Ayman" nor may the legal provisions in effect in krn families bound by marriage.Therefore, MAA MALAKAT AIMAANUKUM means "who is owned grammar hukummu" krn bound by marriage. But do not force anyone who embodied in our legal system is to get married. But if he is forced to also then God will give His forgiveness of coercion to marry it.In verse 24/33 can be seen the freedom of thought ataumemiliki consideration for family members to determine their respective spouses."If you fear can not do justice to the orphans then nikahilah of women is good for you two three and four. But if you are anxious not to be fair, the one course or who owned hukummu governance. That is adl LBH close to not doing injustice. "Problem of polygamy which is allowed by the Koran is often misconstrued kaprahkan by its adherents that a Muslim may marry up to have 4 wives.Is not the only legal arguments for polygamy in Islamic society is only found in paragraph 4 / 3 who serves until the end of time as legal protection and assistance to the widow with orphans?Maybe we should review these verses from the beginning that the permissibility of marriage of one man LBH adl wife to safety of life of children orphaned or also to help alleviate the suffering widow with orphans.In the interpretation or translation of the Koran often we find the sense of "AIMAAN" as "SLAVE" and argue with the 4 / 3 it is said that people should marry a slave while in an Islamic society there is no slave even labeled the Message of Prophet Muhammad Saw one of its functions adl to abolish slavery raise the dignity of man into the same things no human being is distinguished from other human LBH despicable all returned to the piety of each individual.It is said also in a lot of commentary paragraph 4 / 3 is that people should wear his slave is molested his slave without which the act of marriage is the act of adultery who was cursed by Allah SWT.In this translation of the word "AIMAAN" with SLAVE understanding not only wrong but also insulting to Islamic law in the sense of human decency and civilization crowded.Indeed paragraph 4 / 3 contains a description of the life of widow with orphans. The woman should be married by men who have good morals attitude berkesanggupan as high in the social economy to thereby preserved widow with orphans from the lack of necessities of life of adventure without inner and outer shield thus reducing the possibility of their waterfall into the valley of prostitution.It marries widow with orphans is very hard for a man especially when he adl a young man who had never married at all. It also may be felt quite disturbing for those who regard marriage as a way of releasing the will of lust.But for men who achieve high levels of personality and devotion to God then married a widow who had children yatimmendatangkan happiness for himself and his household.This was formerly done by the Prophet Muhammad when he was 25 years according to historical records have been married a widow named 40-year-old Siti Khadijjah which at that time was not yet appointed status as the Prophet Muhammad but krn personality of the youth who was nicknamed Al-Amin who always expect keridhoan Lord then indirectly he adl real application of paragraph 4 / 3 and 24/33.It is unfortunate when we consider how scripture which translated marriage legalities concerning people with inserting the term "slave" to them as though many Islamic societies had slaves and allow adultery.The term MIMMAA AIMAANUKUM MALAKAT they mean "SLAVE-SLAVE" and who referred adl WHO HAVE GOOD HUKUMMU krn bound by marriage. This includes in-law mother-in-law's stepson stepmother stepfather biological father in-law children and grandchildren.Islam set with clear to anyone-anyone a Muslim can perform his marriage and contrary to anyone-nor may anyone who should not be married:The reply should not be married: ********************* musryik Women should not marry Muslim men opposite him Musryik also should not be married with Muslim women contained in paragraph 2 / 221 and 60/10.Women who were once a biological father's wife should not be married according to paragraph 4 / 22.People also should not be married to the biological mother of a child of their biological fathers sisters sisters sisters child's biological mother's siblings sisters son-in-law's stepson who had interfered with her mother who had been a child of their wives. It is also not allowed to marry two women at once biological sisters. All this is contained in paragraph 4 / 23.Those who allowed for marriage: ********************* Women who awake in the maintenance of his father's mother go to paragraph 4 / 24Female slave (servant affairs) with employer's permission or their families go to paragraph 4 / 25Women of the Book who maintain the honor go to paragraph 5 / 5Women believers who fled from her husband who disbelieve may marry after iddahnya exhausted and after receipt of dowry which is returned to the former husband who disbelieve it. Please open verse 60/10.Women's widow open paragraph 24/32 and also women's widow with orphans as in paragraph 4 / 3.Thus there is little short of decomposition of about Marriage and Slavery in Islam.Yours respectfully