PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF HUKUM ISLAM DAN PERUNDANG-UNDANGAN DI INDONESIA

Abstract

Abstrak

This paper aims to examine the similarities and differences between Islamic legal perspectives and positive legal perspectives on the issue of different marriages. The method used is kualitatif, with a komparatif approach. Literature learn or literature literature study, which contains a study of theories that are relevant to the problems of interfaith marriages. This writing is formal juridical normative and also includes descriptive research. On learning the rules of islam, marriage of different religions divided into three parts: the muslim male marriage to girl who are not diverse Muslims (Non-Muslims), the marriage of Muslim men to women of Ahlul Kitab and the marriage of Muslim women to men who are not Muslim (Non-Muslim ). In terms of regulation, different marriages in Indonesia law  enforcement is not strengthened, therefore Law No. 1 of 1974 concerning Marriage and Compilation of Islamic Law (KHI) as a constitution law prohibiting different marriages. Because of that, the Office of Religious Affairs (KUA) and marriage in the civil office (KCS) do not wan conduct administrative data collection of different marriages.

Keyword: different marriages, Islamic legal Perspective, Constitution legal Perspecktive.