ANALISIS ASAS PERSONALITAS KEISLAMAN DALAM PERKAWINAN BEDA AGAMA DI INDONESIA PASCA SEMA NOMOR 2 TAHUN 2023

Abstract

This research aims to analyze the application of the principle of Islamic personality in interfaith marriages in Indonesia. The principle of Islamic personality is the principle that Islamic law binds every individual Muslim, including in matters of marriage. In social reality, cases of marriage between Muslims and non-Muslims continue to occur, while legal regulations in Indonesia have not explicitly provided legal certainty for the practice. This research uses normative juridical method with statutory and conceptual approaches. Data sources are obtained from legal literature, doctrine, and relevant court decisions. The results show that according to Islamic law, marriage between a Muslim and a non-Muslim is prohibited, except within certain limits determined by the scholars of the madhhab. On the other hand, the national legal system has provided guidance through Supreme Court Circular Letter (SEMA) No. 2 of 2023, which in principle does not allow courts to record or determine marriages of different religions. The principle of Islamic personality reinforces the view that a Muslim remains bound by Islamic law, despite being in a plural national legal environment.