The Validity of Marriages Between People of Different Religions According to Statutory Regulations and Religious Law from the Perspective of Justice

DOI

10.2991/978-2-38476-519-5_53How to use a DOI?

Keywords

Validity; Marriage; Different Religions; Justice

Abstract

This study aims to examine the validity of marriages between people of different religions according to statutory regulations and religious law from the perspective of justice. The research method uses normative juridical with the following approaches: legislation, cases, conceptual, philosophical, and theory. The legal materials use primary legal materials and secondary legal materials obtained through literature studies and analyzed qualitatively. The results of the study indicate that the validity of marriages between people of different religions is based on the provisions of Article 2 paragraph (1) and Article 8 letter f of the Marriage Law. In addition, it is also emphasized in the provisions of Article 40 letter c, Article 44, and Article 61 of the Compilation of Islamic Law, as well as Supreme Court Circular Letter Number 2 of 2023. Islam, Hinduism, and Confucianism prohibit such marriages. Catholicism, Protestantism, and Buddhism basically also prohibit such marriages, but in their development can provide dispensations with strict conditions. From a justice perspective, the marriage must be seen in terms of realizing the benefit, namely achieving the goals of marriage. Such marriages have the potential to create problems later on, as their validity is linked to religious values and the attainment of the marriage’s goals may be difficult. This creates injustice for both parties, necessitating further regulations that clarify the prohibition on such marriages to ensure justice and benefit society at large.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Dwiyana Achmad Hartanto
AU  - Burhanudin Harahap
AU  - Luthfiyah Trini Hastuti
PY  - 2025
DA  - 2025/12/29
TI  - The Validity of Marriages Between People of Different Religions According to Statutory Regulations and Religious Law from the Perspective of Justice
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 669
EP  - 686
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_53
DO  - 10.2991/978-2-38476-519-5_53
ID  - Hartanto2025
ER  -