Kawin Beda Agama dan Nasab Anak Perspektif Kompilasi Hukum Islam (KHI)

Abstract

Interfaith marriage as a social fact, is a problem that never ends in an agreement, its presence always occupies two poles, namely opinions that allow and opinions that do not allow. Both have arguments that both come from the Qur'an and can be held accountable. There are differences of opinion about interfaith marriages because these marriages are related to faith and law. Interfaith marriage has become a controversial issue in Indonesia. The doubts of interfaith couples to continue their relationship to a more serious level, namely marriage, clashed with the ambiguity of existing regulations. Referring to the Marriage Law Number 1 of 1974, it does not explain in detail the concept of interfaith marriage, the Law only contains mixed marriages (citizenship). The research method is qualitative research using normative juridical research methods. Qualitative research also includes the methodology used for research procedures that produce descriptive data. Descriptive data is data written using detailed words. In this study, researchers also used a normative juridical approach with the technique used to collect data by examining library materials. The data obtained from library research (library research), which will then be arranged systematically and will be processed with qualitative descriptive analysis which will then provide conclusions from the data that has been analyzed. In this study, researchers are looking for answers to the main problems that have been formulated, namely: First, what is the polemic of interfaith marriages from the perspective of fiqhi, secondly, how is KHI's review of interfaith marriages, third, how is KHI's review of the lineage of children from interfaith marriages. The research concluded that the validity of a marriage depends on the religious law of the bride and groom, interfaith marriages in the Compilation of Islamic Law are not permitted or prohibited, the status of children born from interfaith marriages is declared as illegitimate children or as adultery children and only has a relationship lineage with his mother and his mother's family.

Keywords: Interfaith Marriage Polemic, Child lineage of Interfaith Marriage