Pendekatan Fatwa Majlis Ulama Indonesia (Mui) Dalam Isu Perkahwinan Beza Agama Di Indonesia Dari Perspektif Maqasid Al-Shari'ah

The Maqasid al-Shari'ah Perspective on the Indonesia Council of Ulama (MUI) Fatwa Regarding Interreligious Marriage in Indonesia

Abstract

In Indonesia, social and cultural relations among various ethnic and religious groups are considered one of the main factors contributing to interfaith marriages. The Indonesian government enacted Law Number 1 of 1974 concerning Marriage, as well as Presidential Instruction of the Republic of Indonesia Number 1 of 1991 regarding the Compilation of Islamic Law. In Law Number 1 of 1974, Article 2 paragraph (1) states: “A marriage is valid if it is conducted according to the laws of each party’s religion and belief.” The Fatwa Commission of the Indonesian Ulema Council (MUI) issued a fatwa during the Second National Conference held on 11–17 Rajab 1400 H / 26 May–1 June 1980 M, prohibiting interfaith marriages, whether between a Muslim man and a polytheist or a woman from the People of the Book, or between a Muslim woman and a polytheist or a man from the People of the Book. The aim of this study is to identify and analyse the MUI fatwa on interfaith marriage from the perspective of maqasid al-shari‘ah. The study employs the documentation method, while data analysis is carried out through a qualitative descriptive approach, using maqasid al-shari‘ah as the main evaluative framework. The findings of the study show that the opinion of the majority of scholars considers interfaith marriage to be permissible. However, the MUI fatwa is more consistent with maqasid al-shari‘ah under the category of daruriyyat al-khams, particularly in terms of the preservation of religion and lineage, by ruling interfaith marriage as prohibited, because its harms outweigh its benefits. In addition, interfaith marriage may lead to the mixing of Islamic practices with those of other religions in daily life.