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International Journal of Academic Research in Business and Social Sciences

Open Access Journal

ISSN: 2222-6990

Interfaith Marriage in Indonesia: A Literature Review

Muhammad Isma Alif, Zuliza Mohd Kusrin

http://dx.doi.org/10.6007/IJARBSS/v14-i5/21535

Open access

Interfaith marriage remains a hotly discussed topic among scholars and society in Indonesia. Despite being prohibited by all religions and in line with Article 2 of Law Number 1 of 1974 concerning marriage, the practice remains an ongoing issue which has sparked controversy among Indonesian society. In response, the Supreme Court issued a Circular Letter prohibiting all District Courts to facilitate interfaith marriage starting July 2023. However, none of previous study has discussed to what extent the established marriage law has been effective to prevent the occurrence of interfaith marriage in Indonesia. This study aims to examine the discourse on interfaith marriage from the perspective of Islamic and Civil law in Indonesia. Employing literature review, this study summarized the findings of previous literature regarding the enforcement of Interfaith marriage law, complemented by several courts’ decision to deepen the discussion. The findings indicate that interfaith marriages continue to occur in Indonesia due to the lack of clarity on the regulations, leading to legal loopholes in the existing laws. Highlighting a gap between legal statutes and their enforcement, this study serves as a baseline for future scholars to critically examine the formulation and establishment of law surrounding interfaith marriage practice in Indonesia.