MUI Appreciates Supreme Court Issues SE Prohibition Of Marriage Of Different Religions

DOK ANTARA

JAKARTA - Chairman of the Indonesian Ulema Council (MUI) for Fatwa, Asrorun Niam Sholeh appreciated the Supreme Court's steps in issuing regulations regarding the prohibition of recording marriages of different religions.

The regulation was issued through the Circular of the Supreme Court (SEMA) Number 2/2023 concerning Guidelines for Judges in Responding to Requests for Registration of Inter-Regent Marriages that are Different Religions and Trusts.

"The issuance of SEMA is very appropriate to provide legal certainty in marriage and efforts to close the gap for interfaith marriage actors who have been playing games and trying to outsmart the law," Niam said as quoted by ANTARA, Tuesday, July 18.

Niam explained that the Marriage Law clearly explained that the marriage was valid if it was carried out in accordance with religious teachings.

Thus, he said, marriage is essentially a religious event. Meanwhile, the state is here to administer these religious events in order to achieve benefit through recording.

"Recording the marriage is an administrative area as proof of the validity of marriage. If Islam declares marriage of different religions invalid, then it is impossible to record it," he said.

However, according to Niam, so far there have been people who outsmart the law by filing a court decision, under the pretext of the Population Administration Law giving space.

Meanwhile, Article 2 paragraph (1) of Law Number 1 of 1974 clearly stipulates marriage is legal, if it is carried out according to the law of each religion and its belief.

Furthermore, Article 8 letter f of the Marriage Law stipulates the prohibition of marriage between two people who have a relationship that by their religion or other applicable regulations, is prohibited from marrying. In Islam, said Niam, marriage of different religions is prohibited.

"So, there is no loophole for the practice of marriage of different religions. Islam forbids, and the law prohibits. This SE confirms that the prohibition is to be used as a guide for judges. Therefore, perpetrators, facilitators, and marriages of different religions are against the law," said Niam.

Previously, in the process of drafting SEMA, the Supreme Court invited representatives of religious institutions to be asked for their opinion.

Niam was present at the meeting to discuss various problems related to marriage of different religions, cases of various judicial decisions, and the importance of providing guidance for judges to follow.

"This rule must be obeyed by all parties, especially for judges who have not understood or pretended not to understand the law of marriage," he said.