Legal Harmonization of Interfaith Marriage Registration in Indonesia: An Islamic Law Perspective

Abstract

The registration of interfaith marriages involving Muslim and non-Muslim couples remains a controversial issue in the Indonesian legal system due to the differences in regulations between the Marriage Law and the Population Administration Law, particularly regarding District Court decisions permitting such marriage registration. This study aims to analyze the comparative provisions of the two laws and examine how legal interpretation can harmonize them from an Islamic legal perspective. This normative legal research uses statutory, conceptual, and case-based approaches by analyzing legislation, court decisions, and Islamic legal principles. The results indicate that, according to Islamic law, interfaith marriages involving Muslim couples do not meet the substantive requirements for a valid marriage. Meanwhile, the Population Administration Law only regulates the administrative aspects of marriage registration and cannot be interpreted as a basis for granting legitimacy to marriages that are substantively invalid under applicable religious law. Therefore, judges need to apply a systematic and harmonious legal interpretation in interpreting the relationship between the Marriage Law and the Population Administration Law to achieve legal certainty while respecting religious norms. This research contributes to the development of family law in Indonesia by offering a harmonious interpretative framework in resolving normative conflicts regarding the registration of interfaith marriages.