SUPREME COURT FATWA ON INTERRELIGIOUS MARRIAGES

“Marriages between different religions are not recognized by the state and cannot be registered. However, if the marriage is carried out based on the religion of one partner and the other partner submits himself or herself to the other partner’s religion then the marriage can be registered, for example if the marriage is carried out based on the Christian religion then it is recorded at the Office Population and Civil Registration Service, likewise, if the marriage is carried out based on the Islamic religion, the couple’s marriage will be registered at the Religious Affairs Office.”

–> Supreme Court Fatwa in the Supreme Court Registrar’s Letter No.231/PAN/HK.05/1/2019 dated 30 January 2019.

The contents of the 2019 fatwa seem to be contradictory between the initial statement and the description. After all, the point is that the Ministry of Home Affairs interprets that recording the validity of interfaith marriages is acceptable in population administration. In fact, this fatwa provides a new interpretation that marriages of different religions can have their validity registered in the population administration without a court decision. The way to do this is simply to voluntarily submit to the marriage laws of the religion of the couple.

Source:

Article entitled “Nasib Kawin Beda Agama dan Terbitnya SEMA No.2 Tahun 2023”, written by: Normand Edwin Elnizar, Hukumonline.com, 4 August 2023.

Regards,

Fredrik J. Pinakunary