INTERPRETATION OF THE QURANIC VERSES AND INDONESIAN MARRIAGE LAW ON INTERFAITH MARRIAGE

: One of the social phenomena that occurs among Muslims today is interfaith marriage, which raises various pros and cons. This fact and discourse is still being discussed, especially with the application to the Constitutional Court (MK) to conduct a judicial review of the marriage law. However, the Constitutional Court rejected the application, and various parties were not satisfied with this decision because whether an interfaith marriage is valid is the domain of each religion. Normatively, the narrative of interfaith marriage has been mentioned in the Quran in Surah al-Baqarah verse 221. In the case of Rizky Febian’s marriage to Mahalini, who was originally Hindu and has become a muallaf . The theological basis is still strong as a consideration for a Muslim when deciding to get married. This study will explore the interpretation of Quranic verses related to interfaith marriage from various mufassirs , which are also related to the Indonesian marriage law. As a literary research, the data used are the Quran, books of commentaries, laws on marriage, and articles relevant to this research. The results show that the scholars’ interpretation suggests that interfaith marriage is forbidden. Even in the perspective of the state, interfaith marriage is still prohibited. Even so, some opinions allow believing men to marry women of the People of the Book but forbid women of other religions.


Introduction
Interfaith marriage has been mentioned in the Quran for a long time.This is a serious issue that is covered in depth in the interpretive literature on the legal status of interfaith marriages.The ruling of the judge at the Surabaya District Court, which allowed interfaith weddings for the first time in history, recently stunned the Indonesian people.To obtain this legal certainty, there is also a marriage law lawsuit addressed to the Constitutional Court (MK/ Mahkamah Konstitusi) by E. Ramos Petege, a young man from Gabaikunu Village, Central Mapia, Papua Province.He submitted a number of arguments stating the unconstitutionality of Article 2 Paragraphs (1) and ( 2) and Article 8 letter f of Law No. 1/1974 concerning Marriage.According to him, marriage is a fundamental right which is a divine decree or destiny.Everyone has the right to marry anyone regardless of religious differences.On that basis, the applicant considered that the state could not prohibit or not recognize marriages of different religions.The state must also be able to provide a solution for interfaith couples. 2 However, the Constitutional Court rejected the Petitioners' request in its entirety."The verdict, judging, rejects the petition of the Petitioners in its entirety.According to the Constitutional Court, the validity of marriage is the domain of religions through religious institutions or organizations that have the authority to provide religious interpretations.The role of the state in this case is to follow up on the results of the interpretation given by the institution or organization.As for the implementation of marriage registration by state institutions, it is in order to provide certainty and order in population administration.In other legal considerations, the Court stated that in marriage, the interests and responsibilities of religion and the state are closely intertwined. 3sponding to the case of interfaith marriage, Majelis Ulama Indonesia (MUI /the Council of Indonesian Ulama) has also issued its fatwa, namelym First, interfaith marriages in Indonesia are not valid.According to the MUI fatwa No. 4/ MUNAS VII/ MUI/8/2005 about Interfaith Marriage, which was issued on July 28, 2005, "Interfaith marriage is forbidden and invalid and the marriage of a Muslim man to a woman of the People of the Book, according to qaul mu' tamad, is unlawful and illegitimate". 4cond, marriage is more than just a personal and muamalah bond.There is, however, a ubudiyah component or demonstration of a servant's allegiance to his Lord.Meanwhile, Islam forbids interfaith marriages.Thus, legalizing interfaith marriage will immediately encourage people to disobey the norms and teachings of their religion, which violates Article 29 paragraph 2 of the 1945 Law.
Third, the prohibition on interfaith marriages in Islam is not meant to discriminate against other religions.However, as a form of maintaining benefit and protection or protection against one of the objectives of the sharia, namely hifz al-dîn."This means that the legalization of interfaith marriage is a form of mafsadah or a negative thing that must be avoided following the rules of ushul fiqh, namely from dar'ul mafâsid muqaddamun 'alâ jalbil mashâlih." 5 Interfaith marriage is also outlawed by Marriage Law Number 1 of 1974, article 2 paragraph (1), which states: "Marriage is legal if it is carried out following the laws of each religion and belief."Then, according to paragraph 2 of Article 2, "every marriage is recorded following the applicable laws and regulations." 6though there are still pros and cons and legal debates regarding interfaith marriages in Indonesia, what Roger Danuarta (202I) did to become a muallaf because he was going to marry Cut Meyriska, as well as Mahallini becoming a muallaf before marrying Rizky Febian.Even Rizky Febian and his family witnessed the Mepamit procession that Mahalini would do to her ancestors and extended family.This is evidence of an understanding and awareness of marrying within the same religion.Hence, the sharia purpose of marriage is to preserve the existence of religion and offspring.Therefore, as Muslims, we should consider religion when deciding to get married.
Based on these issues, the author will discuss the Quranic texts related to the issue of interfaith marriage.It will be explained how the interpretation of the Quran in Surah al-Baqarah verse 221, al-Maidah verse 5, and al-Mumtahanah verse 10 by referring to several books of interpretation.This study aims to elaborate some of the views of exegetes in their books about the law of interfaith marriage which is connected to the Law on Marriage in Indonesia.

Method
This study was literature research that is descriptive and qualitative.According to Mirzakon, T., and Purwoko that literary research is a study that studies various previous research reference books of the same type that are useful for obtaining a theoretical basis for the problem to be studied." 7This is a descriptive-analytic library research study.The author lists various tafsir volumes as primary sources for this inquiry.Previous journals and books on the legality of interfaith marriage served as secondary references for this study.The author's theme has been investigated by previous writers, however, it focuses on the regulations of interfaith marriage.This time, the author attempts to revisit the subject, but the writing style emphasizes the tafsir of scriptures connected to interfaith marriage and its significance to Law Number 1 of 1974 concerning Marriage.

Results and Discussion
Interfaith marriages are considered to be a violation of faith and religious principles, and almost every religion opposes diverse marriages. 87 https://core.ac.uk/download/pdf/335289208.pdf. 8Hanifah, "Perkawinan Beda Agama Di Tinjau Dari Meanwhile, Islam has regulated this since the Quran was revealed to mankind.Interfaith marriage is stated in various verses of the Quran, including: 1. Q.S. al-Baqarah Verse 221: Do not marry polytheistic women until they believe; for a believing slave-woman is better than a free polytheist, even though she may look pleasant to you.And do not marry your women to polytheistic men until they believe, for a believing slave-man is better than a free polytheist, even though he may look pleasant to you.They invite you to the Fire while Allah invites you to Paradise and forgiveness by His grace.He makes His revelations clear to the people so that perhaps they will be mindful.
(Q.S. al-Baqarah verse 221) The tafsir experts presented the results of the tafsir of the verse, among others, based on the verse above:

a. Imam al-Thabari
In his tafsir, he revealed that the word of Allah SWT: ‫و‬ "And do not marry polytheistic women, before they believe" Abu Ja'far said: the most correct tafsir of the verse is what Qatadah said, that the meaning of His words ‫ا‬ ‫ت‬ that is if it is not included in the polytheistic women of the people of the book.The zhahir verse is general, but the content is special and nothing has been deleted in this verse.Women of the people of the book are not included in it, because Allah made it lawful for the believers with His words, ‫وا‬ ‫ال‬ to marry women who protect themselves from the group of people of the book, as it is lawful for them believing women. 9

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The tafsir of the word of Allah SWT: ‫م‬ actually a believing slave woman is better than a polytheist woman).Abu Ja'far said that the meaning of the verse ‫:و‬ this is, with Allah and His Messenger, and with what comes from His side, it is better in the sight of Allah than a polytheist woman who is free even though her lineage is good and commendable.Do not marry women who have the glory of the shirk group, because slaves from the believer group are better than them. 10e tafsir of the word of Allah SWT: ‫ا‬ ‫ا‬ (and do not marry polytheists (to believing women) before they believe.Indeed, a believing slave is better than a polytheist even if he attracts your heart).Abu Ja'far said that the meaning of the word of Allah SWT is that Allah SWT has strictly forbidden a believer to marry a polytheist man, from any shirk group.11Therefore, O you who believe, do not marry believing women with them, because it is forbidden for you, and if you marry them to a slave who believes in Allah, justifies Him and His Messenger, and what comes from Allah, then that is better for you than marrying them off to polytheists, even though they have a lineage and a noble position, and you are amazed by their position and glory. 12e tafsir of the word of Allah SWT: ‫("ا‬They invite to hell, while Allah invites to heaven and forgiveness with His permission.And Allah SWT explains His verses (His commands) to humans so that they take lessons).Abu Ja'far said: The word of ‫ا‬ is for the believers, those whom Allah has forbidden for you to marry from shirk, both men and women, they call to hell, that is calling for good deeds that cause you to go to hell, that is disbelief in Allah and His Messenger.Do not accept them and ask them for advice, and do not marry or marry them off they will not stop causing you harm, but accept and practice what Allah has commanded you, stay away from what has been forbidden to you, for verily He calling on heaven, that is, inviting you to do good deeds that will cause you to enter heaven and save you from the fires of hell, and call on what can erase your sins and innocence. 13ile the word of Allah ‫هٖۚ‬ ِ ‫ب‬ has the meaning that He calls on you by telling you the way and the instructions that lead you to heaven and His forgiveness.Allah then said, ْ ي‬ Explaining the hujjah and signs in His Book that Allah has sent down through the mouth of His Prophet to His servants, so that they remember and take lessons, and so that they distinguish between the two matters, one calling for hell and its eternity, and the other calling for heaven and His forgiveness, so that they choose what is best for them, and no one can distinguish between the two except those who are stupid and closed in their minds.14

b. Imam al-Qurthubi
Imam al-Qurtubi when interpreting verses ‫و‬ divided into 7 issues, among others, as follows: First, ‫وا‬ ‫و‬ qira'ah majority of ulama are with the letter fathah ta' (tankihuu).Meanwhile, the qira'ah that is rarely used is the letter ta dhamah (tunkihuu), as if the person who marries a polytheistic woman is marrying her to himself.The origin of the meaning of nakaha is al-jima' (coitus), but it is used to refer to marriage, because of majaz and the expansion of the use of language. 15cond, when Allah SWT grants permission to have intercourse with orphans and has intercourse with (them) in marriage, Allah SWT indicates that polytheist marriage is invalid. 16Third, the ulamas disagreed on how to interpret this verse.Two of these ulamas' perspectives are as follows: (a) A group said that Allah has made it forbidden to marry polytheistic women in surah al-Baqarah, then some of these polytheistic women (namely women of the Ahlul Kitab) are in the synagogue, where Allah justifies them in surah al-Ma'idah.This opinion was narrated by Ibn Abbas, (b) Ishak bin Ibrahim Al-Harabi said, "A group of people believes to make the verses in surah al-Baqarah as verses that are deleted, while the verses in surah al-Maidah are verses that have been enshrined."They forbid marrying every polytheistic woman, both People of the Book and other than People of the Book.17Fourth, as for marrying men from the People of the Book, if they are people who fight against the Muslims, then that is not permissible. 18fth, the word of Allah ‫ةٍ‬ "Surely a believing slave woman is better than a polytheist woman."This word of Allah is a notification that a believing slave girl is better than a polytheist woman, even though this polytheistic woman has position and wealth, ْ ‫و‬ "Even though he attracts your heart" with beauty and whatnot.This is the opinion of at-Tabari and others. 19Sixth, the ulamas differed on the issue of marrying slave girls of Ahlul Kitab.Imam Malik said "It is not permissible to marry slave girls of Ahlul Kitab.Whereas Asyhab said about the book (letter) of Muhammad SAW about people who converted to Islam and had slave-girl wives from the People of the Book: "Surely the two cannot be separated."20Seventh, they have different opinions about marrying Zoroastrian women.Imam Malik, al-Syafi'i, Abu Hanifah, al-Auza'i, and Ishak forbade it, while Ibn Hanbal said, "It doesn't interest me." It was narrated that Huzaifah bin al-Yaman once married a Zoroastrian woman, then Umar said to her, "Divorce her!" they may marry (with adherents of religions outside of them)". 21The tafsir of the word of Allah SWT: ‫.ح‬ "And do not marry polytheists (to believing women) before they believe.Verily, a believing slave is better than a polytheist, even if he seduces your heart." In this Word of Allah, there are eleven issues discussed.First, the word of Allah SWT which is ‫ا‬ ‫ت‬ "and do not marry" that is, do not marry Muslim women to mushrik men.Second, in this verse, there is an argument stating that marriage is invalid unless there is a guardian. 22Third, Ibn Khuwaizimandad mentions: there are differences in the narrations of Imam Malik about the saints.Some of them said that Imam Malik had said at one time, "Anyone who puts the woman in a good position, then he is her guardian, whether he comes from the ashabah, close family (mahram), other people, priests or the person receiving the will."However, at another time Imam Malik once said, "The guardian must be from the ashabah.Whoever puts the woman in a good position, then he is a wali (guardian)". 23Fourth, they differ in opinion regarding marriages held by other than the guardian, then the marriage is permitted by the guardian before intercourse occurs.Fifth, the ulamas differ in opinion regarding the composition of the guardians and the order of the guardians.However, in this situation, the author simply follows Imam al-Qurthubi's position, namely, "The people of Medina narrated Imam Malik's opinion, like that of al-Shafi'i, that the father is more important than the child."This is one of the two Abu Hanifah opinions related to al-Baji.However, Mughirah was quoted as saying, 'Grandfather has more right (to become guardian) than a brother.'This viewpoint is widely held in the Maliki school of thinking. 24Sixth, there is disagreement about a lady who is married off by her distant guardian even while her near guardian is present at the marriage ceremony.According to al-Syafi'i, "marriage is vanity."According to Imam Malik, "marriage is permissible." 25Seventh, if the nearest guardian is | 118 imprisoned or an idiot, the woman must be married by the guardian who comes after the imprisoned or idiot guardian.When a guardian gets imprisoned or becomes an idiot, he is considered to have perished.
Eighth, if the positions of two guardians are equal in proximity at the level of the oldest grandfather, one of them is not present, and the woman presents her marriage contract to the guardian who is there, the unseen guardian cannot oppose the marriage if he returns.If both are present, the woman hands over her marriage contract to one of them, and none of them may marry her except with her friend's agreement.If they disagree, the ruler must provide his or her viewpoint.For the sake of the woman, rulers must allow the best opinion.Wahb relayed this viewpoint from Imam Malik.Ninth, Imam Malik and his associates believe that the evidence of marriage is not harmonious.In this scenario, acknowledging and advertising the fact of a marriage is deemed sufficient, and thus can remove the marriage from being classified as a hidden marriage. 26Tenth, the Word of Allah SWT which is ‫ا‬ "whatever your heart has brought to it, that is, whatever level it attracts you. 27eventh, the Word of Allah SWT: "them," addressed to men and women who are polytheists, ِ ‫ي‬ "invites to hell," that is to the deeds that lead to hell.Because, associating with them and having a household can lead to setbacks due to their desires, as well as being caused by their education of children.‫ٓا‬ ْ ‫,"ا‬ While Allah invites to heaven" that is to the deeds of the inhabitants of heaven, ‫هٖۚ‬ ِ "by His permission" that is by His command.So said al-Zujaj. 29 26 Muhammad Ibrahim al-Hifnawi, Terjemah Tafsir Al-Qurthubi, Jilid I..., p. 168. 27Muhammad Ibrahim al-Hifnawi, Terjemah Tafsir Al-Qurthubi, Jilid I..., p. 172. 28Muhammad Ibrahim al-Hifnawi, Terjemah Tafsir Al-Qurthubi, Jilid I..., p. 173. 29Muhammad Ibrahim al-Hifnawi, Terjemah Tafsir Al-Qurthubi, Jilid I..., p. 174.

c. In the Tafsir of al-Munir
Meanwhile in al-Munir's tafsir of Q.S. al-Baqarah verse 221, this verse explains some of the internal laws governing Islamic society.Because Allah SWT has allowed guardians to mix with orphans (in matters of wealth and marriage), here He explains that marrying polytheists is not permissible.The meaning of this verse is "O you who believe, do not marry polytheistic women who do not have scriptures before they believe in Allah and the Last Day and believe in the Prophet Muhammad.The word polytheist in the Quran is used in this sense as in His words, "Those who disbelieve from the People of the Book and polytheists do not want..."(al-Baqarah: 105). 30d He said, "Those who disbelieve from among the People of the Book and polytheists will not leave (their religion) until clear evidence comes to them" (al-Bayyinah: 1).As a result, it is possible to argue that polytheistic women should not get married as long as they are polytheistic.Indeed, a slave girl who believes in Allah and His Messenger, despite being ugly and nasty, is preferable to a free lady who is polytheistic, despite coming from a noble family and being highly beautiful and wealthy.Because faith is the factor that determines the perfection of religion and life, but riches and social strata are just a baseline for world perfection.Furthermore, prioritizing religion with the world that complements it is preferable to prioritizing the world alone.
Do not marry polytheistic males to believing women until they have accepted Allah and His Messenger.It is preferable for you to marry believing women to slaves who believe in Allah and His Messenger (even if he is repulsive) than to marry them to free men who are polytheists, even if their ancestors are honorable.
Marriage between a Muslim man and a polytheist woman is prohibited, as is marriage between a Muslim woman and a non-believer (whether he is a Bible person or a polytheist), because these polytheists incite disbelief and encourage others to do ill things.it culminates in hell.They have no true religion to guide them, nor 30 Abdul Hayyie al-kattani, Terjemah Tafsir Al-Munir, Jilid I, (Jakarta: Gema Insani, 2016), p. 511.do they have holy writings to point them in the right direction.Another reason for the marriage's prohibition is the conflict of character between a heart filled with faith's light and a heart filled with darkness and wrong.Therefore, do not tie a marriage relationship with them, because the marriage bond requires giving advice to each other, growing affection, and getting yourself influenced by them, resulting in the transmission of misguided ideas, and you will imitate various behaviors and habits that are contrary to the Shari'a.Islam.They are not halfhearted in promoting heresy, besides educating your children and making them accustomed to error.In essence, "the illah (cause) forbidding marriage to them is because they invite them to hell. 31ereas Allah SWT invites and guides with the book that He sent down and the prophets that He sent to deeds that will lead to heaven, forgiveness, and the elimination of sins with His permission and will.He also explains the verses and His laws to humans so that they think they can distinguish between what is good and what is bad and not violate His commands and follow lust or follow Satan's enticements because they remember the following laws 'illah and its arguments.will make people accept the law more and hasten to implement it. 32e majority of ulama then argued that, aside from Bible people, all polytheistic women, Arab and non-Arab, are banned to marry. 33The writer concludes from the three remarks above that it is banned to marry polytheistic women, except for persons in the book.The tafsir on al-Qurthubi, on the other hand, is slightly different; in this book, it is explained that it is banned to marry polytheistic women without any exclusions (including the People of the Book), according to Imam Malik.
for women of the people of the book according to most opinions.What is described above shows how problematic interfaith marriage is if it is done especially in Indonesia.The mufassirs have given their views which can be used as evidence in formulating the law of interfaith marriage.Based on Presidential Instruction Number 1 of 1991 dated 10 June 1991 and Decree of the Minister of Religious Affairs Number 154 of 1991 dated July 22, 1991.The Compilation of Islamic Law came out to be a positive law that is unification for all Muslims in Indonesia, and especially as a guideline for Islamic law to adjudicate cases in the fields of marriage, inheritance and trusts.
The prohibition of interfaith marriage in the Compilation of Islamic Law is based on strong reasons, among others: Law Number 1 of 1974 concerning Marriage, Chapter 1 article 2 paragraph (1): "Marriage is valid, if performed according to the laws of each religion and belief".This is the "basis of marriage" for Indonesian citizens (including Muslims in Indonesia) which is a provision of State law in Indonesia) which is a provision of State law that applies generally, is binding, and eliminates differences of opinion. 45wever, there are still those who seek to legalize interfaith marriage.Even though there have been fatwas from various Indonesian Islamic organizations such as Muhammadiyah, NU and MUI, including the issuance of the Constitutional Court's decision and the Supreme Court's circular letter. 46r this reason, the author argues that interfaith marriage is prohibited and the government through its laws is right in protecting the existence of religion itself.Because marriage is part of a form of worship as an expression of religion.Thus, marriage is categorized as an external forum in which the state can intervene just like the management of zakat and the management of 45 Jalil, "Interfaith Marriage in the Perspective of Islamic Law and Positive Law in Indonesia, p. 47." See also Aulil Amri,  "Perkawinan Beda Agama Menurut Hukum Positif Dan Hukum  Islam," Media Syari'ah: Jurnal Wahana Kajian Islam Dan Pranata  Sosial, vol.22, no. 1 (2020), https://dx.doi.org/10.22373/jms.v22i1.6719. 46Suwarjin, "Interfaith Marriage: Between Pro And Contra In Islamic Jurist's Though," Madania: Jurnal Ilmu-Ilmu Keislaman, vol.27, no. 1 (2023), p. 90.hajj.The role of the state is not to limit a person's beliefs but to ensure that religious expression does not deviate from the main teachings of the religion adhered to.Marriage is one of the problem areas regulated in the legal order in Indonesia as stipulated in Law No. 1 of 1974. 47

Conclusion
According to the tafsir experts whom the author uses as a reference in this paper, there are numerous perspectives regarding interfaith marriage.First, it is banned to marry a polytheist woman or man, whether People of the Book or non-People of the Book.Second, save for persons in the book, it is illegal to marry polytheistic women.Third, believing men may marry polytheistic women (People of the Book) who are free while believing men may not marry polytheistic female slaves (People of the Book).If interfaith marriages occur between believing men and polytheistic women (People of the Book), Ahmad Nurcholis believes that religion should be questioned with mutual respect.
Every action and deed carried out by citizens, including in matters relating to marriage, must obey and submit and not contradict or violate laws and regulations.The laws and regulations concerning marriage are established to regulate and protect the rights and obligations of every citizen in relation to marriage.The existence of such arrangements is also in line with Article 28J of the 1945 Constitution that in exercising the rights guaranteed by the 1945 Constitution.
The complaint was brought in Surabaya District Court by applicants Rizal Adikara and Eka Debora Sidauruk.The applicant registered case Number 916/Pdt.P/2022/PN Surabaya on Wednesday, April 13, 2022.Rizal Adikara, who was born in 1986, is known to be a follower of the Islamic religion, | 114 and Eka Debora Sidauruk born in 1991 is Christian.One of the pieces of evidence attached by Rizal Adikara and Eka Debora Sidauruk is a photocopy of marriage certificate No.1.433/HMM/III/2022dated March 23, 2022, and a photocopy of the ecclesiastical marriage charter Number 373/NIK/ GKN-RAEDS/ III/ 2022 dated 23 March 2022. 1