A. Background of Study
Islam as firmament religion (ad-di>n al-sama>wi>) gives a great concern regarding problems of marriage. Marriage or permanent marriage[1] is a part of worship, to get married implies to complete a half of the faith.[2] Desire to live simultaneously with his spouse is an original character (fit}rah) of human being and a physical necessity to survive.[3] Allah basically creates human as a coupled creature, a woman is created from the rib of a specific man to ford a life together .[4]
The dynamic epoch makes the world as though a dinky hall consists of billions people from various background of different religions. Even real-time interaction acquires to break through the space and the time, and exceed the logic and faith borders. Thus it will be an undoubted circurmstance for human being if they could make quite close relationship with the opposite sex that has different religions background, up to the most serious stage: a marriage.
Interfaith marriage is a real phenomenon and not such difficult to find all over Indonesia. Tremendous heterogeneous condition of Indonesian people consists of all sorts of factions, ethnic groups, cultures, traditions, and religions causes interfaith marriage (also refers to inter-religious marriage, different religious marriage and mixed marriage) becomes something possible to be happening among them even with foreign citizens. It is a general common when a layman, an artist, a civil servant, or an Islamic jurist and his descendant decide to marry somebody that has different faith. This is a concrete and prevalent problem that has to be observed, unfortunately it is not completely regulated in Indonesian marriage law.[5]
Regeling op de Gemengde Huwelijken (RGH) and The Law No. 1 of 1974 relating marriage as the previous and present Indonesian marriage law are not definitely regulating interfaith marriage even it’s merely stated. It causes uncertainty and ambiguity of the regulation and forces public confusion when they are trapped in love involves a spouse candidate of different religion.
Section 1 of RGH had regulated a mixed marriage, however it was still a doubt. A jurist stated that a mixed marriage is a marriage between two Indonesian people submitted to the different law, but another one stated that a mixed marriage is interfaith marriage itself. Consequently they had different view whether interfaith and intersite marriage includes within RGH.
Whereas The Law No. 1 of 1974 as the subtitute of the previous law as well as solution of the entire problems relates to marriage (nika>h{), divorce (t}ala>q), and reconciliation (ruju>’), doesn’t assist considerably. Section 2 of The Law that was expected as the most definite section, doesn’t clearly prohibit interfaith marriage. It makes some jurists such as Prof. Hazairin has to speak up due to interpret and explain the Article (1) of Section 2, he stated, “Muslims have no possibility to get married illegally breaking the Islamic law. Likewise for the Christians, Hindus, and Buddists to break their own religious law as it has been encountered in Indonesia.”
Meanwhile, when we observe the marriage regulations and family laws abroad, we’ll meet that the muslim countries have obviously prohibited interfaith marriage except for the marriage between a Muslim man with an ahl al-kita>b woman, such as Turkey, Lebanon, Jordan, Egypt, Iraq, and Iran. Whereas as similar as Indonesia, Muslim countries in South and Southeast Asia (except Malaysia) such as India, Pakistan, Bangladesh, Myanmar do not clerly regulate interfaith marriage.[6]
The Islamic scholars (‘ulama>) have different opinions about the marriage legality between Muslim and non-Muslim. Majority of ulama (jumhu\r) had a similar perspective to prohibit interfaith marriage, based on Allah’s decrees:ولا تنكحوا المشركت حتى يؤمن[7]
This verse indicates that the believers in Islam (Muslims) are prohibited to marry unbelieving people (ka\firi\n/musyriki\n) until they believe in Islam and a marriage solemnized between a Muslim husband/man and a non-kita>biyyah/ ahl al-kita>b woman (woman of the book) and between a Muslim girl and a non-Muslim are batil.[8] It should be quite different when the object is a kita>biyyah.
In the very beginning, the permitted interfaith marriage was mere a marriage between a Muslim (musli>m) and a kita>biyyah. The other types of marriage are prohibited. Based on Allah’s decree:
اليوم أحل لكم الطيبت وطعام الذين اوتوا الكتاب حل لكم وطعامكم حل لهم و المحصنت من المؤمنت والمحصنت من الذين اوتوا الكتب من قبلكم اذا أتيتموهن اجورهن محصنين غير مسافحين ولا متخذي أخدان[9]
This opinion has been an agreement among majority of ulama (jumhu\r).
Ahl al-kita>b means Jewish and Christian girls, it’s being an opinion of Ma\liki\, Syafi’i\, and Hanbali\’s school, but Hanafi’s school grants the status of Ahl al-kita>b to Jewish, Christian, and Magian (Zoroastrian/Maju>si\). Magian is still a problem, Ibn Hazm is the only ulama allowed the marriage with them.[10] Heretofore, the sense of Ahl al-kita>b is something debatable.
Muhammad Ali Al-Shabuni stated that Ahl al-kita>b was one of the unbelieving people (musyriki\n). Muhammad Rasyid Ridha is in the opposite, he stated that Zoroastrian, Shabi’ah, Hindu, Buddhist, Sinto etc. could be categorized in Ahl al-kita>b.[11]
Recently, new thoughts appeared to query the prohibition of interfaith marriage. For instance, Munawir Syadzali stated that there is a group asking whether in a culture which the women were actually considered as equal as the men (both right and duty), to marry an ahl al-kita>b man is prohibited for a Muslim woman?[12]
Therefore, the stipulation whether the marriage will be allowed or not has to be reverted to the religious law, it means when the religious law allows the marriage, so that it will be allowed in the constitutional law, as well as on the contrary.
In Village Banguntapan, Banguntapan District, Bantul, the cases are not only between Muslim and ahl al-kita>b (Christian), but also between Muslim and non ahl al-kita>b (as agreed by jumhu>r).
Thus the interfaith actors in New Sorowajan have their own reason to decide to get married that became a base of the marriage building. Here is my beginning to analyze their reasons according to Islamic law/legal, especially according to the recent islamic scholars.
This research is still very important at least until this time, the researches we found so far did not observe the reasons and motives of interfaith marriage actors and in any circumstance they decided to get married. Confusion of status of the marriage as well as the children that have been already born in the marriage is also a reason for the author to accomplish this research. The problem is not only about ahl al-kita>b and Islamic scholars’ opinions, but also relates to environmental treatment to interfaith actors, especilally young spouse, because they got discriminative experience many times from religious texts that were interpreted conservatively.
B. Problem Formulation
Based on background of study described above, I will limit the problem coverage in this thesis on three main problems merely as follow:
1. What are the reasons that made the interfaith marriage actors in Village Banguntapan, Banguntapan, Bantul, believed and determined to get married?
2. How does Islamic law view on the reasons of interfaith marriage actors?
3. What is their marital status and the impacts of interfaith marriage before Islamic law and Indonesian regulation?
C. Objective and Significance
1. The objectives of the research are as follow:
a. To discover and explain the reasons and motives of interfaith marriage actors in Village Banguntapan, Banguntapan, Bantul, that became a base to decide to get married.
b. To discover and explain how Islamic law observe on the reasons and motives of interfaith marriage actors in Village Banguntapan, Banguntapan, Bantul, so that they break through any borders prevented them to continue the marriage.
c. To discover and describe the status of interfaith marriage actors and the impacts appeared before Islamic Law and Indonesian Civil Law.
d. To position the law experts and Islamic scholars’ opinions in observing interfaith marriage in order to achieve a general conclusion about interfaith marriage law.
2. The significances of this research are as follow:
a. As a scientific contribution about interfaith marriage and the reasons of interfaith marriage actors happened within common people, in order to observe problems comprehensively.
b. As a reference for people, law makers, and goverment in order to be affordable to create certainty of law regarding interfaith marriage, its possibility, its status of law, and the impacts appeared from the marriage.
c. As an effort to place people at correct position in order to avoid them from discriminative treatment before the law, society, tradition, and religion.
D. Literature Review
In order to support the study more comprehensively, to share my motive so that I take this subject, and to explain where I started the study, thus I attempt to review the literatures relates to study of interfaith marriage.
Discourse relates to interfaith marriage doesn’t touch the real condition experienced by interfaith marriage actors so far. The researchers neglected their reasons and in any condition they decided to marry different religion believer.
Having read the books and scientific works of academicians as well as law experts and Islamic Jurists, I get no one literature about Islamic law discourse that discusses the reasons of interfaith marriage actors directly from the field just as I will write in this thesis.
Books of Islamic scholars observe interfaith marriage problems just in theoretical aspect, literature studies, istinba>t{ from nas{ (Al-Qur’an and Hadis|) and another text studies. I do not get a book in English language that specially studied interfaith marriage or interfaith actors’ life. Study of interfaith marriage is merely in a subchapter or just mentioning a section relates to prohibition of interfaith marriage in a regulation.
In Indonesian language edition, I took a book of Moh. Aswami as representation entitled “Nikah dalam Perbincangan dan Perbedaan (Marriage in Discussion and Difference).”[13] This book mentions interfaith marriage only on Chapter of Marriage with a non-Muslim and explains opinions that prohibit and allow interfaith marriage. Whereas in English language edition, I get that interfaith marriage is a shallow study that explains one or two Sections within Muslim countries’ regulation, it’s just can be found in a work of Tahir Mahmood entitled “Family Law Reform in The Muslim World”[14] and a work of David S. Pearl entitled “A Textbook on Muslim Personal Law.”[15] The feature of David’s work was on his concern about interfaith marriage problems of Muslim countries in South and Southeast Asia, but one more time, it was just description and mapping, not solving problems.
Meanwhile the works of undergraduated students like theses are not more better than the books of law and Islamic Jurists. Most of their researches and studies are theoretical study or library research, so that the result is not a real answer of the problems experienced by interfaith marriage actors. Such as thesis of Sholahudin entitled “Konsep Ahl al-Kitab dan Perkawinan Antar Agama (Studi atas Pemikiran Muhammad Arkoun dan Implikasinya Terhadap Perkawinan antar Agama di Indonesia)/ Concept of Ahl al-Kitab and Interfaith Marriage (Study of Muhammad Arkoun’s Thoughts and Its Implication Towards Interfaith Marriage in Indonesia),”[16] that explains a concept offered by Arkoun and its relevance with the progress of interfaith marriage law in Indonesia. Likewise a thesis of Jauli Muflih entitled “Perkawinan Beda Agama dalam Perspektif Hukum Islam (Perbandingan antara Pendapat T.M. Hasby Ash-Shiddieqy dan Yusuf Al-Qardlawi)/ Interfaith Marriage from The Perspective of Islamic Law (Comparison between T.M. Hasby Ash-Shiddieqy and Yusuf Al-Qardlawi’s Thoughts)”[17] as well as a thesis of Muhammad Harsono entitled “Nikah Beda Agama dalam Perspektif Aktifis Jaringan Islam Liberal (JIL)/ Interfaith Marriage Marriage from The Perspective of Activists of Liberal Islamic Network.”[18]
Whereas the study of interfaith marriage with field research approach that analyzes directly interfaith marriage actors and observes the cases directly from the life of interfaith marriage actors is found rarely. Such as a thesis of Adris Mahmudi entitled “Tinjauan Hukum Islam Terhadap Perkawinan Beda Agama (Studi Kasus di Desa Catur Tunggal Kecamatan Depok, Sleman Yogyakarta)/ Interfaith Marriage from The Perspective of Islamic Law (A Case Study in Village Catur Tunggal, Depok District, Sleman Yogyakarta)”[19] that observes cases of interfaith marriage in Village Catur Tunggal. The result of this thesis indicates that problem solver of interfaith marriage is Civil Registration Office (KCS) and would be returned to the office. The study like this one is more better than a theoretical study, because it could explain the real condition of interfaith marriage actors at least.
Of the brief description above, we can conclude that the study is more useful if touchs directly the life of interfaith marriage actors and probably can be a gift for uncertainty of law and an answer for people confusion.
Because there is not a work or book that observes the reasons of interfaith marriage actors, especially in Village Banguntapan, Banguntapan Bantul, then I’ll observe it according to Islamic law.
E. Theoretical Framework
Marriage is the emotional and legal commitment as two people to share emotional and physical intimacy, various tasks, and economic resourches.[20] Whereas the interfaith marriage that traditionally called mixed marriage[21] is a physical and spiritual wedlock between a man and a woman that have different religion causes involving of two different regulations that regulate the marriage requirements and procedures in accordance with their individually religion, aim to shape the happy family and eternal based on Great Unity of God.[22]
Despite the marriage is encouraged in Islam and has a glorious destination and wisdom, but the entire types of marriage are not automatically allowed. The marriage legality is decided on certain stipulations completeness having a consequence, namely appearance of the right and duty between husband and wife candidate. One of the many stipulations is suitability (hala>l) to establish a marriage between them.[23]
Islamic Jurists have different opinion about this marriage. Most of them prohibit interfaith marriage except for Muslim man wants to marry an ahl al-kita>b woman. It is based on Al-Baqarah: 221 and Al-Maidah: 5 that clearly explains the prohibition to marry unbelieving people and allowance to marry ahl al-kita>b people.
In other side, there are Islamic Jurist such as Ibn Hazm and Imam Hanafi which allow Muslims to marry a Magian (Zoroastrian/Maju>si>) because they categorize Magians include in ahl al-kita>b, but it is still between Muslim man and ahl al-kita>b woman.
One more extremely, Muhammad Abduh, Muhammad Rasyid Ridha as well as Nasr Hamid Abu Zaid allow different religious marriage, either between a Muslim and an ahl al-kita>b woman or in contrary.
Muhammad Rasyid Ridha said that Surah Al-Baqarah is addressed to a musyrikah (a girl believed in many gods) that originate only from Arab tribe, not to all of musyrika>t. A Zoroastrian, S{abi’ah, Hindu, Buddhist, Sinto girls etc. could be categorized in ahl al-kita>b tribe, because each religious community had been ever sent respectively the messengers. As stated in Su>rah Fa>t{ir: 24, and Su>rah Ar-Ra’d: 7. Rasyid Ridha’s opinion based on two reasons: firstly, they firmly held to the firmament book (kita>b sama>wi> ), but the book had experienced to be changed anywhere as happened to Inji>l (the new testament) and Taura>t (the old testament). Secondly: in the principle, marriage is allowed except for the forbidden women as stated in Su>rah An-Nisa> : 24.
Even he gives allowance to the interfaith marriage actors, but he reminds to the man that has a weak belief that he should avoid him self to marry a non-muslim woman even an ahl al-kita>b. This aims to avoid him to be slithered in paganism and to keep descendant from the possibility of godlessness. It is based on qa>’idah fiqhiyyah (the basic rule of fiqh): Sadd al-z|ari>’ah wa>jib fi> al isla>m (preventing the way of wickedness is obligatory in Islam).[24]
Discourse of ahl al-kita>b and interfaith marriage is still something debatable. The difference of Islamic Jurists’ thought about this subject should be an interesting way to observe whether the reasons of interfaith marriage actors in Village Banguntapan, Banguntapan, Bantul, will be allowed to be a license to get married.
Whereas, when we observe this problem in Indonesian law, we get many regulations used by Indonesian Jurists to support their idea relates to the prohibition and allowance of interfaith marriage. I take three of them: RGH (Regeling op de Gemengde Huwelijken), The Law No. 1 of 1974 and KHI (Compilation of Islamic Law).
In advance of The Law No. 1 of 1974 relating to marriage was enacted, the law of intergroup regulation of mixed marriage ever had been transpired, namely Regeling op de Gemengde Huwelijken (RGH). Section I of the Regulation of mixed marriage (RGH) states that the mixed marriage is a marriage between Indonesian people submits to the different law. Of the sections which regulates the interfaith marriage, three legal specialists have different views as follow:
1. A mixture of interfaith and intersites marriage include within RGH
2. Interfaith and intersites marriage do not include within RGH
3. Interfaith marriage is the only one includes within RGH[25]
Nevertheless as The Law No. 1 of 1974 relating to marriage was effective, as stated on Section 66, thus all prior marriage regulations such as RGH, Western Civil Law (Burgerlijk Wetboek) and other regulations as long as they are regulated on The Law, are not effective any more. Howefer, it is something debatable because of similar reason: uncertainty of the law.
On the circle of the scholars and practitioners of law, I find different insights on the sections of Law No. 1 of 1974 particularly relates to interfaith marriage, at least three perspectives: First, suggests that interfaith marriage is a violation toward The Law No. 1 of 1974 based on Article (1) of Section 2 and Section 8 (f) of The Law No. 1 of 1974.
Article (1) of Section 2:
“The marriage is never legitimate but if it’s carried out according to the religion and faith itself.”
And Section 8 (f):
“The marriage is prohibited between two people that have a relationship which is prohibited to get married either by their religion or other effective regulations.”
Second, suggests that interfaith marriage is legitimate and could be conducted due to its coverage within a mixed marriage, as had been already mentioned on Section 57 of this law. The marriage execution has to be conducted in the procedures regulated on Section 6 RGH that refers to Section 6 of The Law No. 1 of 1974. Third, suggests that interfaith marriage is not completely regulated on The Law No. 1 of 1974, that is why the prior regulations could be undertaken due to its accordance with Section 66 of The Law No. 1 of 1974.
Regarding three perspectives above, according to Abdul Halim Barakatullah and Teguh Prasetyo, that unregulated interfaith marriage distinctly within The Law No. 1 of 1974 relating to marriage indicates that the marriage is absolutely not intended in the practice. It refers to Article (1) of Section 2 that determines whether the marriage is legitimate or not. Thus, Section 66 of The Law No. 1 of 1974 that refers to Section 2 and Article (2) of Section 7 of RGH is excessively compelled if it is intended to qualify the requirement for material law.[26]
Whereas regarding the perspective that appropriates to disclose the possibility for the execution of interfaith marriage based on Section 57 of The Law No. 1 of 1974 (“...the marriage between two Indonesian people submitted to different law...”), it hasn’t to be comprehended partially and the section with the others have to be understood thoroughly within a unity of nationality differentiation context.
Compilation of Islamic Law (KHI) is the clearer regulation relates to interfaith marriage as be found in Muslim countries like Iran, Iraq, Turkey, Pakistan and India. Section 40 of KHI clearly states:
“The marriage between a man a woman is prohibited because of certain conditions as follows:
1. Because the woman is still in marriage bond with other man.
2. The woman is in ‘iddah (waiting period) with other man.
3. The mowan is not a Muslim.
Section 44:
“A Muslim woman is prohibited to be married by a non-Muslim man.”
In these frameworks, I expect to find the facts, reasons, and motives of interfaith/mixed marriage and measure them pursuant Islamic law and Indonesian regulations, as well as obtain the problem solvers impartially.
F. Research Method
1. Research Type
This research includes in quantitative research with field research method. I will observe the object directly from the field in order to discover comprehensively the reasons of interfaith marriage actors, their life and condition in that decision.[27]
2. Research Character
This research is prescriptive-analytic. It will attempt to measure accurately a certain social phenomenon,[28] namely the reasons used by interfaith marriage actors in Village Banguntapan, Banguntapan, Bantul, their opinion about interfaith marriage as well as their life daily, in order to be analyzed by Islamic law and Indonesian regulations.
3. Research Approach
The research approach that will be used is normative approach. Normative approach is to explain the problem based on Islamic law and Indonesian regulations framework.
4. Population and Sample
Population is totally amount of analysis unit that it’s character will be predicted.[29] Sample is a part of all population supposed to be the representative,[30] and informan is a person asked about interfaith marriage problems around his home. In this thesis, the population is all of interfaith marriage actors in New Sorowajan Hamlet, Village Banguntapan totaled 23 spouses. Of the 23 spouses, 15 spouses will be the respondent and sample using random sampling. Beside the respondent, data will be achieved form informan, namely: five interfaith marriage actors, religious figures (kyai, ustadz), public figures (Village Head [Kades], Hamlet Head [Kadus], Heads of RT [classification of households]) and people around.
5. Technique of Collecting Data
Technique of collecting data used in this thesis is as follows:
a. Observation
Observe directly and list systematically the reasons, life and condition of interfaith marriage actors and people around them. Observation is aimed to achieve information about phenomena and custom of interfaith marriage actors that could not be disclosed.
b. Interview
It is orally an interview process with two people or more, having a face-to-face encounter, listening information directly. This method aimed to collect information about people’s life of Village Banguntapan as well as to deepen data achieved from observation before. The interview type is using free-led interview, that is a combination of free and led interview by arranging the main point and then following the situation during interview. Interview process is dept interview aimed to achieve the core of information about the reasons used by interfaith marriage actors and interfaith marriage in genenal.
c. Documentation
Documentation is achieving data by analyzing facts arranged logically from written and unwritten document that contain certain directions.
6. Data Selection
After achieving important and needed data, then I will compare the data each other. I will select the collected data and sort whether the data are valid and authentic or not. The valid and authentic data will be processed and concluded in order to be the base of research.
7. Analyzing Data
At this stage, I will analyze data that the truths would have been examined based on appropriate concept and theory in order to achieve the fact. Data will be analyzed quantitatively with inductive-deductive mentality.
G. Outline of The Thesis
Because this thesis is a scientific work that must be systematic, then I will arrange this work by using the outline as follows:
Chapter I: Introduction consists of Background of Study, Problem Formulation, Objectives and Significances, Literature Review, Theoretical Framework, Research Method (consists of Research Type, Research Character, Research Approach, Population and Sample, Technique of Collecting Data, Data Selection, and Analyzing Data), and Outline of The Thesis. This chapter is aimed to explain general information about the study, some of the reasons of interfaith marriage actors in Village Banguntapan, and which way the author will observe the problems.
Chapter II: Marriage and Interfaith Marriage in General consists of the meaning of marriage and interfaith marriage, the reasons of interfaith marriage actors in general, interfaith marriage on Islamic law and debate around Islamic jurists about Ahl al-Kitab, interfaith marriage according to previous and current Indonesian regulation, and interfaith marriage in Muslims countries. The chapter is aimed to explain interfaith marriage theoretically.
Chapter III: general view of the location of study and the reasons. It consists of Monograph of Village Banguntapan, the reasons and procedures used by interfaith marriage actors and the impact of interfaith marriage within their family and people around them. This chapter is aimed to explain interfaith marriage actors’ life and condition as well as the environmental background so that they decide to get married.
Chapter IV: the reasons of interfaith marriage actors in New Sorowajan according to Islamic Law. This chapter is aimed to explain whether their reasons can be accepted, their marital status according to Islamic law and Indonesian regulations, and how Islamic law view the status of their children and how their inheritance will be divided.
Chapter V: Concluding Remarks consists of conclusion and recommendations.
__________________________________________
[1] Shahla Haeri named as permanent marriage to distinguish it with temporary marriage (mut’ah). See: Sahla Haeri, Law of Desire, Temporary Marriage in Shi’i Iran, 1st Ed. (New York: Syracuse University Press, 1989), p. 33.
[2] See H{adi>s| (Tradition): (اذا تزوج العبد فقد استكمل نصف دينه فليتق الله فى النصف الباقى) Muh{ammad Na>s{iruddi>n al-Alba>ni>, Al-Ja>mi’ al-S{agi>r wa ziya>dah (Al-Fath{ al-Kabi>r), (Beirut: Al-Maktab al-Islami>, 1988), III: 136-137.
[3] OK. Chairuddin, Sosiologi Hukum (Jakarta: Sinar Grafika, 1991), p. 152.
[4] See: An-Nisa> (4): 1.
[5] Ahmad Rofiq, Hukum Islam di Indonesia , 6th Ed. (Jakarta: PT Raja Grafindo Persada, 2003), p. 343.
[6] Tahir Mahmood, Family LawReform in The Muslim World (New Delhi: The Indian Law Institute, 1972), p. 17-60.
[ 7Al-Baqarah (2): 221.
[8] David Pearl, A Textbook on Muslim Personal Law, 2nd Ed. (London: British Library Catalouging in Publication Data, 1987), p. 50-53.
[9] Al-Ma>idah (5): 5.
[10] Syaikh Hasan Ayyub, Fikih Keluarga, (Jakarta: Pustaka al-Kautsar, 2006), p. 145.
[11] Mohammad Asmawi, Nikah dalam Perbincangan dan Perbedaan (Yogyakarta: Darussalam, 2004), p. 141-142.
[12] Munawir Syadzali, Ijtihad Kemanusiaan (Jakarta: Paramadina, 1997), p. 9.
[13] Mohammad Asmawi, Nikah dalam Perbincangan dan Perbedaan (Yogyakarta: Darussalam, 2004).
[14] Tahir Mahmood, Family LawReform in The Muslim World (New Delhi: The Indian Law Institute, 1972).
[15] David S. Pearl, A Textbook on Muslim Personal Law, 2nd Ed. (London: British Library Catalouging in Publication Data, 1987).
[16] Solahudin, “Konsep Ahli Kitab dan Perkawinan Antar Agama (Studi Kasus atas Pemikiran Muhammad Arkoun dan Implikasinya Terhadap Perkawinan Antar Agama di Indonesia)” Thesis of Syari’ah Faculty, State Islamic University Sunan Kalijaga Yogyakarta, 2008.
[17] Jauli Muflih, “Perkawinan Beda Agama dalam Perspektif Hukum Islam (Perbandingan Antara Pendapat T.M. Hasby Ash-Shiddieqy dan Yusuf Al-Qardhawi)” Thesis of Syari’ah Faculty, IAIN Sunan Kalijaga Yogyakarta, 2003.
[18] Muhammad Harsono, “Nikah Beda Agama dalam Perspektif Aktifis Jaringan Islam Liberal (JIL)” Thesis of Syari’ah Faculty, State Islamic University Sunan Kalijaga Yogyakarta, 2008.
[19] Adris Mahmudi, “Tinjauan Hukum Islam Terhadap Perkawinan Beda Agama (Studi Kasus di Desa Catur Tunggal Kecamatan Depok Kabupaten Sleman Yogyakarta)” Thesis of Syari’ah Faculty, State Islamic University Sunan Kalijaga Yogyakarta, 2008.
[20] David H. Olion, Marriages and Families: Intimacy, Diversity, and Strengths, 6th Ed. (New York: McGraw Hill, 2008), p. 3.
[21] http://en.wikipedia.org/wiki/Interfaith_marriage, accessed on Wednesday, September 8 2010.
[22] Ahmad Sukarja, “Perkawinan Berbeda Agama Menurut Hukum Islam,” in Chuzaimah T. Yanggo and Hafiz Anshory AZ, (ed.), Problematika Hukum Islam Kontemporer, 4th Ed. (Jakarta: LSIK, 2002), I: 30.
[23] Sayid Sabiq, Fiqh as-Sunnah, 3rd Ed. (Beirut: Da>r al-Fikr, 1981), II: 48.
[24] Mohammad Asmawi, Nikah dalam Perbincangan ...p. 141-142.
[25] Ahmad Sukarja, “Perkawinan Berbeda Agama...p. 29.
[26] Abdul Halim Barakatullah and Teguh Presetyo, Hukum Islam Menjawab Tantangan Zaman yang Terus Berkembang, 1st Ed. (Yogyakarta: Pustaka Pelajar, 2006), p. 126.
[27] Soejono Soekanto and Sri Mamudji, Penelitian Hukum Normatif: Suatu Tinjauan Singkat (Jakarta: Rajawali, 1986), p. 15.
[28] Masri Singarimbun, “Metode dan Proses Penelitian,” within Masri Singarimbun and Sofyan Effendi, Metode Penelitian Survei, 4th Ed. (Jakarta: LP3ES, 1984), p. 4.
[29] Ibid., p. 108.
[30] Winarno Surakhmad, Pengantar Penelitian Ilmiah: Dasar, Metode, Teknik, 8th Ed. (Bandung: Transito, 1998), p. 93.
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