Research Article
Juridical Review of Interfaith Marriages and Its Legal Consequences Regarding Inheritance Sharing
@INPROCEEDINGS{10.4108/eai.30-10-2021.2315772, author={Widodo Budidarmo and Rineke Sara}, title={Juridical Review of Interfaith Marriages and Its Legal Consequences Regarding Inheritance Sharing}, proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={MIC}, year={2022}, month={1}, keywords={interfaith marriage; islamic law; inheritance rights}, doi={10.4108/eai.30-10-2021.2315772} }- Widodo Budidarmo
Rineke Sara
Year: 2022
Juridical Review of Interfaith Marriages and Its Legal Consequences Regarding Inheritance Sharing
MIC
EAI
DOI: 10.4108/eai.30-10-2021.2315772
Abstract
This research is useful in understanding the legality of interfaith marriage in Indonesia under positive law, as well as the distribution of inheritance for married couples of various religions under Islamic law. This study uses a qualitative approach with normative legal research and analytical methods with literature studies. According to affirmative Indonesian law in article 2 paragraph (1) in combination with article 8 letter (f) of Legality No. 1 of 1974, the law of interfaith marriage is not permitted. Marriage is illegal between two persons in a relationship whose religion or other applicable restrictions prohibit them from marrying, according to the article. The partition of inheritance between husband and wife of various religions still permits married couples of different faiths to inherit from one of the spouses who died using a will, according to Islam.
