Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 265 https://doi.org/10.53955/jhcls.v3i2.105 journalhumanrightslegalsystem@gmail.com The Government’s Role in Interfaith Marriage Rights Protection: A Case Study of Adjustment and Social Integration Zaidah Nur Rosidah a, Lego Karjoko b*, Mohd Rizal Palil c a Faculty oh Sharia UIN Raden Mas Said Surakarta, Indonesia. b Faculty of Law Universitas Sebelas Maret Surakarta, Indonesia. c Faculty Economics and Management, Universiti Kebangsaan Malaysia, Selangor, Malaysia. *corresponding author: legokarjoko@staff.uns.ac.id 1. Introduction Indonesian law on marriage has evolved over a period that is deemed sufficient to meet the goals of the country. Regarding the issue, same-sex marriage, sirri marriage, interfaith marriage, and contract marriage are perceived as marriages A R T I C L E I N F O A B S T R A C T Article history Received: January 10, 2023. Revised: March 13, 2023. Accepted: June 5, 2023. The research aims to determine the government's role in interfaith marriage rights protection in Indonesia and Malaysia. This research belongs to normative research that examines the role of government in the religious difference in marriage in Indonesia and Malaysia. This research employed a case approach, namely the study of the role of government in interfaith marriage rights protection. The techniques of collecting law items were conducted using literature research, while the analysis techniques were performed using deductive syllogism and interpretative methods. The results indicated that interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two persons of the same religion. While this is going on, interesting cases frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. The Indonesian government's role in intermarriage rights protection is manifested in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Religious conflicts that occur in Malaysia cannot be avoided. It may become a ticking time bomb or a flesh-piercing thorn. This is an open-access article under the CC–BY 4.0 license. Keywords Interfaith Marriage; Indonesia; Malaysia; Protection; mailto:journalhumanrightslegalsystem@gmail.com mailto:legokarjoko@staff.uns.ac.id https://creativecommons.org/licenses/by/4.0/ 266 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) with no legal basis or violating the law.1 Based on Indonesia's legal history, the law on marriage has retained a number of the same features until the passage of Law Number 1 of 1974, even though it covers a more expansive scope.2 Indonesia is a pluralistic country with a wide range of ethnic and religious groups. Regarding its religion, numerous groups, including the government and other constituents, are concerned about the issue of relationships among religious people. Other countries, for instance, have both Islamic and non-Islamic religious institutions.3 Religious institutions across the world are frequently a crucial component of local communities' social structures. Interfaith marriage has long been a contentious topic.4 According to a study conducted by Aini et al., interfaith marriage is a persistent problem in society, even in a small percentage.5 According to Article 1 of Law Number 1 of 1974 concerning Marriage, marriage is an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal family based on Belief in One Almighty God. In the marriage formulation, the purpose of marriage is stated and aimed to build a happy and eternal family. This means that marriage is held not temporarily or for a planned period, but for a lifetime or forever and may not be terminated. The marriage formula states emphatically that the formation of a happy and eternal family follows a Belief in the One and Only God. This means that marriage must be built according to the respective religion and belief. Article 2 paragraph (1) of Law Number 1 of 1974 asserts that Marriage is legal if it is carried out according to the laws of each religion and its beliefs. It is further explained in the formulation in Article 2 paragraph (1) that there is no marriage outside the law of each religion and belief as formulated in the 1945 Constitution. What is meant by the law of each religion and belief includes statutory provisions that apply to their religious group and belief as long as it is not in contrast to nor, otherwise, stipulated in the Law. The provision in Article 2 (1) can alternatively be interpreted as a statutory prohibition on marriage between two adherents of different religions. Interfaith marriage is forbidden under Islamic law, for example, since the terms and conditions differ from Christian law and 1 Fauzan Muhammadi, Eva Wulandari, and M. Hajir Susanto, ‘Islamic Triangle Concept of Marital Age: Indonesian Experience’, Legality : Jurnal Ilmiah Hukum, 29.2 (2021), 161–72 https://doi.org/10.22219/ljih.v29i2.14162 2 Kartika Septiani Amiri, ‘Perkembangan Dan Problematika Hukum Perkawinan Di Indonesia’, Al- Mujtahid: Journal of Islamic Family Law, 1.1 (2021), 50 https://doi.org/10.30984/jifl.v1i1.1639 3 Dani Setiawan, ‘Inter-Religious Marriage: A Controversial Issue in Indonesia’, Contemporary Issues on Interfaith Law and Society, 1.1 (2022), 23–38 https://doi.org/10.15294/ciils.v1i1.56711 4 Ermi Suhasti, Siti Djazimah, and Hartini Hartini, ‘Polemics on Interfaith Marriage in Indonesia between Rules and Practices’, Al-Jami’ah: Journal of Islamic Studies, 56.2 (2019), 367–94 https://doi.org/10.14421/ajis.2018.562.367-394 5 Noryamin Aini, Ariane Utomo, and Peter McDonald, ‘Interreligious Marriage in Indonesia’, Journal of Religion and Demography, 6.1 (2019), 189–214 https://doi.org/10.1163/2589742X-00601005 https://doi.org/10.22219/ljih.v29i2.14162 https://doi.org/10.30984/jifl.v1i1.1639 https://doi.org/10.15294/ciils.v1i1.56711 https://doi.org/10.14421/ajis.2018.562.367-394 https://doi.org/10.1163/2589742X-00601005 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 267 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) vice versa.6 Interfaith marriages are not technically recognized in Indonesia since the marriage connection is regarded to be a contract between two adherents of the same religion.7 Interfaith marriage for each party concerns the creed and law which is vital for an individual. This means that two different regulations are involved regarding the conditions and procedures for conducting a marriage by the laws of their respective religions. The fact that interfaith marriages exist is undeniable.8 It shows that interfaith marriages still exist and will continue to exist as a result of social interaction among all Indonesian citizens who are religious pluralists. Many interfaith marriages can be seen in Indonesian actors and actresses, such as Jamal Mirdad and Lydia Kandau, Katon Bagaskara and Ira Wibowo, Yuni Shara and Henri Siahaan, Ari Sihasale and Nia Zulkarnaen, Dedi Kobusher and Kalina, Frans and Amara, Sonny Lauwany and Cornelia Agatha, etc. Interfaith marriages are becoming more common in society, and people are discussing them a lot. Some people think that this is a good thing since it brings people from different religions together. Others think that this is a bad thin, since it may cause problems.9 The marriage is not only seen as a personal and private matter between two persons but it is also seen as a sacred event. The State acknowledges the role of law on marriage in creating a family by recognizing the significance of the religion that certainly plays a big part in marriage. Hence, marriage is built according to the District Court's decision, not on any customs or religious principles. Therefore, certain religions have implications for both the warring judges who conduct marriage contracts as well as the tendency of society to "smuggle" law decisions and legal issues. Given the goal of ensuring legal certainty and efficient administration, the State needs to safeguard its citizens through registration activities. However, the existing laws must be created by the principles of exclusion, subsumption, derogation, and noncontradiction as the result of their application and implications. It does not unfavorably serve society. Department of Population and Civil Registration (Dispendukcapil) connects interfaith marriage to the requirements of Law on Population Administration Article 35, letter a, which calls for a court ruling. In defiance of the court's decision, the Department asserts 6 Muhamad Ali, ‘Fatwas on Inter-Faith Marriage in Indonesia’, Studia Islamika, 9.3 (2021) https://doi.org/10.15408/sdi.v9i3.658 7 Lutfan Muntaqo, ‘Islamic Thoughts On Interfaith Marriage In Local And Global Context’, Manarul Qur’an: Jurnal Ilmiah Studi Islam, 20.1 (2020), 69–79 https://doi.org/10.32699/mq.v20i1.1615 8 Sri Wahyuni and others, ‘The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen’, BESTUUR, 10.1 (2022), 12 https://doi.org/10.20961/bestuur.v10i1.64330 9 Rosdalina Bukido and others, ‘Negotiating Love and Faith: Interfaith Marriage in Manado, Indonesia’, Wawasan: Jurnal Ilmiah Agama Dan Sosial Budaya, 6.1 (2021), 67–76 https://doi.org/10.15575/jw.v6i1.11299 https://doi.org/10.15408/sdi.v9i3.658 https://doi.org/10.32699/mq.v20i1.1615 https://doi.org/10.20961/bestuur.v10i1.64330 https://doi.org/10.15575/jw.v6i1.11299 268 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) that it is a legal entity that must abide by any judgments rendered by the court since the judgment must be accurate and respected.10 Belief discrepancies can arise before, during, or after marriage. Religious disagreements before marriage that persist after marriage will lead to a discussion about the validity of the marriage. While religious conflicts that develop during the creation and management of a household can lead to disagreement on the subject of the marriage's annulment.11 Indonesians choose to get married abroad since there are no laws governing interfaith marriage, thus they do not have to stick to the Indonesia’s laws and regulations on Marriage. Indonesian couples who have got married abroad must register and report their marriage. Due to the lack of formal laws governing interfaith unions in Indonesia, couples must pursue a variety of steps to get married. Therefore, getting married abroad is one possible method. Although interfaith marriage is forbidden in Indonesia due to its strict religious laws, even though it does happen in this multireligious society.12 For this reason, it is important to consider the patterns of exchange (interchange procedures) used in various nations by performing the recordkeeping element, for instance, to govern interfaith marriage in Indonesia.13 There has been a change in the magistrates' perspectives regarding the judge's opinion on how external elements including the environment, personal experiences, and the principles adhered to affect the marriage decisions for interfaith marriage couples. For the diversity of justice values held by the Indonesian nation to influence how law enforcement officers think and behave, the authorities still need to recognize that the country is pluralistic in terms of ethnicity, tradition, customary religious law, beliefs, etc. Therefore, in the state, the implementation of a sense of justice by law enforcement officials should be conducted by officers who are knowledgeable about identifying and adjusting to the sense of justice espoused by the community.14 10 Melissa Towadi, ‘The Application of Sharia Maqashid on the Protection of the Rights of Minority of Muslim Rohingya in Regional ASEAN (Indonesia-Malaysia)’, Journal of Indonesian Legal Studies, 2.1 (2017), 43–54 https://doi.org/10.15294/jils.v2i01.16637 11 Zainal Arifin, ‘Perkawinan Beda Agama’, Arifin, Zainal., 18.1143–158 (2019) https://doi.org/https://doi.org/10.29138/lentera.v18i1.175 12 Abdul Halim and Carina Rizky Ardhani, ‘Keabsahan Perkawinan Beda Agama Di Luar Negeri Dalam Tinjauan Yuridis’, Jurnal Moral Kemasyarakatan, 1.1 (2016), 67–75 https://doi.org/https://doi.org/10.21067/jmk.v1i1.1187 13 Dian Latifiani, ‘The Darkest Phase for Family: Child Marriage Prevention and Its Complexity in Indonesia’, Journal of Indonesian Legal Studies, 4.2 (2019), 241–58 https://doi.org/10.15294/jils.v4i2.34708 14 Arifki Budia Warman and others, ‘Reforming Marriage Registration Policies in Malaysia and Indonesia’, Bestuur, 11.1 (2023), 61–74 https://doi.org/https://doi.org/10.20961/bestuur.v11i1.66320 https://doi.org/10.15294/jils.v2i01.16637 https://doi.org/https:/doi.org/10.29138/lentera.v18i1.175 https://doi.org/https:/doi.org/10.21067/jmk.v1i1.1187 https://doi.org/10.15294/jils.v4i2.34708 https://doi.org/https:/doi.org/10.20961/bestuur.v11i1.66320 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 269 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) Pancasila and the State Constitution of Republic of Indonesia 1945 (UUD NRI 1945) must be used to be the basis for understanding how human rights provide recognition and protection of interfaith marriage in Indonesia. The use of the notion of legal protection in cases of interfaith marriage is underlined since some state officials (in this case, the judge) refuse to assign duties, even though there has been a claim that the court is making things challenging for those looking for a court order between potential partners. Since the Law on Marriage does not explicitly define interfaith marriages performed in Indonesia (internal), there are conflicting views, as the consequences. In order to give legal protection to the rights of potential interfaith couples, basic laws can be used as referrals. Judges' decisions should be made according to their comprehension of the following concepts for the state machinery to implement the sense of justice that interfaith marriage couples are seeking; The idea of interfaith marriage and the laws that comprehensively regulate interfaith marriage in Indonesia should be understood by everybody.15 It was determined that the issue of implementing interfaith marriage in Indonesia, which is against the principles of human rights, is one of the religious freedoms to create a family through a valid marriage. Interfaith marriage in Indonesia is difficult to do. It is rather a matter of interpretation and technical procedures among the marriage registrars than a rigid prohibition. According to Article 2 of the Law on Marriage, marriages in Indonesia are held based on religious law; therefore, marriages that are performed inconsistently with or contrary to religious law are deemed unlawful. Additionally, it is typically understood from this article that interfaith marriage prohibited by religious law are also invalid. While this is going on, interesting occurrences frequently take place near the Malaysian and Indonesian borders, particularly in the Sambas region. interfaith marriages across different religions are common in this region. One of the nations that forbid interfaith marriage is Malaysia. Despite having a multireligious society, Islam is the most recognized religion in Malaysia. Every religious group is guaranteed the freedom to resolve its issues by the state. If non- Muslims are guaranteed constitutionally legal protections, Muslims would be governed by Islamic law through Sultan’s authority in protecting the people’s rights and religious tribunals in charge of policing the faith. In Malaysia, there are two different types of marriages: civil marriages and Islamic marriages. Under the Law Reform (Marriage and Divorce) Act Number 164 of 1976, as amended to the present, hereinafter referred to as the "Malaysian Law Reform," non-Muslims and non-natives in Malaysia are subject to civil marriage. Non-Muslims and those with a domicile in Malaysia are subject to the Malaysian Law Reform; however, 15 Kadek Wiwik Indrayanti, ‘Penetapan Dan Pencatatan Perkawinan Beda Agama Di Indonesia Yang Berkeadilan Dan Berkemanusian’, Jurnal Cakrawala Hukum, 7.2 (2016) https://doi.org/10.26905/idjch.v7i2.1908 https://doi.org/10.26905/idjch.v7i2.1908 270 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) Sabahor Sarawak residents and individuals with a domicile in Malaysia are still governed by local law or customary law, unless they specifically choose to be. The Islamic Family Law (Federal Territories) Act of 1984, as revised to the present, is the legal framework that governs Muslim families in Malaysia and is referred to as the "Malaysian Islamic Family Law" herein. The Syariah Courts (titled under Islamic Law) have authority over family disputes involving Muslims, whereas the Civil High Courts (secular courts) have jurisdiction over family matters, involving non-Muslims.16 In such a situation, the government must enforce interfaith marriage laws and regulations more strictly to prevent a legal void. “In Article 2 paragraph (1) of the Marriage Law it is stated that marriage is legal if it is carried out according to the laws of each religion and belief”. It can be interpreted that there is no marriage that violates the law of each religion and belief.17 However, the fact shows otherwise, meaning that many requests for interfaith marriages are accepted and terminated. by the District Court. This research presents the government’s role in interfaith marriage rights protection in Indonesia and Malaysia. The law is created to protect people's interests. The law needs to be implemented in a way that is fair, useful, and consistent. 2. Research Method This study is normative legal research, a process to find ratio decidendi (the basis for judges' considerations) regarding interfaith marriages. The approach used in this study is a case approach, aiming at examining the application of legal norms or beliefs carried out in legal practice, namely the law on interfaith marriage. The primary legal materials used in this study include Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2006 concerning Population Administration, and the Government Regulation Number 9 of 1975 KHI. Meanwhile, secondary legal materials were obtained from books, articles, and other scientific works related to interfaith marriages. Data collection was carried out through a literature study of primary legal materials and secondary legal materials. Legal material analysis techniques were employed by using inductive and interpretive syllogisms. The major premise is primary legal materials, namely a set of legal rules such as Law on Marriage, Law on Population Administration, Government Regulation Number 9 of 1975, KHI, the fatwa of the National Council Committee on Islamic Affairs, and other provisions of Islamic Law. While the minor premise is a legal fact, namely the basis for the judge's considerations (ratio 16 Mohammad Jamin and others, ‘The Impact of Indonesia’s Mining Industry Regulation on the Protection of Indigenous Peoples’, Hasanuddin Law Review, 9.1 (2023), 88–105 https://doi.org/10.20956/halrev.v9i1.4033 17 Ahmad Siboy and others, ‘Legal Social Justice in Appointment Non-Definitive Regional Heads toward Welfare State’, Bestuur, 11.1 (2023), 144–70 https://doi.org/https://dx.doi.org/10.20961/bestuur.v11i1.71055 https://doi.org/10.20956/halrev.v9i1.4033 https://doi.org/https:/dx.doi.org/10.20961/bestuur.v11i1.71055 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 271 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) decidendi) to examine interfaith marriage applications. Given the induced syllogism, an answer will be found regarding the legality of interfaith marriages. 3. Results and Discussion The Government’s Role in Interfaith Marriage Rights Protection in Indonesia Given that religious differences are not a bar to marriage, as stated in Article 8 of Law Number 1 of 1974, it is appropriate to submit the issue of interfaith marriage application to the District Court to obtain a review and decision. In Indonesia, existing marriage laws and regulations effectively discourage interreligious marriage. According to Article 2 (1) of the 1974 of Law on Marriage, a marriage is legitimate if it follows the laws of the respective religions and beliefs of the parties concerned. The indirect effect of this legislation's provisional enactment is that most official religions in Indonesia strongly discourage interfaith marriage18. Considering that the applicants, as Indonesian citizens and citizens of the world, have the right to defend their religious beliefs, including worship forming a household which is carried out by two candidates of different religions, the matter is referred to in Article 29 of the 1945 Constitution and the 1984 UN Charter concerning freedom of religious belief in the One Almighty God. To protect the citizen from the data, the current licensing procedure of the current place of worship has guaranteed the same right for every religion to build its worship place (34.7%); the current licensing procedure for the construction of worship places is consistently applied to every religion (33.8%), and the government facilitates good interfaith dialogue (37.5%)19. A lawsuit has been recently filed before the Indonesian Constitutional Court seeking judicial review of Article 2, paragraph 1 of the Marriage Law, which prohibits inter-religious marriage. The plaintiffs contend that the prohibition on inter-religious marriage violates their constitutional rights. As a result, it must be repealed to allow interreligious marriage in Indonesia. Furthermore, despite obtaining authentic marriage proof in the form of a marriage book, the legal status of an inter-religious marriage can still be canceled because it is invalid before the law. This annulment of marriage may psychologically harm a child in the family of an annulled marriage; there is an inheritance issue. Even if a couple of inter- religious marriages are legalized, their children will have no inheritance rights. The difference in religion will nullify inheritance rights. It could be argued that the prohibition on inter-religious marriage exists to protect a child's right to inherit. A child cannot hold two religious beliefs at the same time. As a result, a child can 18 Aini, Utomo, and McDonald. 19Razaq Raj and Nigel D. Morpeth, ‘Religius Tolerance: Does Indonesia Law Really Guarantee It?’, Cabi, 7.2 (2021), 1–18 https://doi.org/10.15294/ijicle.v3i1.43170 https://doi.org/10.15294/ijicle.v3i1.43170 272 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) only accept either of his parents' religious beliefs. It considers an inter-religious marriage with two children who adopt each other's religious beliefs.20 Law Number 1 of 1974 concerning Marriage in Article 8, which regulates the prohibition of carrying out marriages, does not stipulate prohibitions carried out by two prospective brides of different religions and does not strictly regulate marriages of prospective brides of different faiths if connected to Article 66, HOCI Civil Code Stbl 1993 No. 74 (The Indonesia Christian Marriage Ordinance, Intermararriage Ordinance (Regaling op de gemengde humiliate Stbl 1898 No. 158)) and other marriage rules to the extent stipulated in this law shall apply to those declared non-applicable. Several decisions regarding interfaith marriage also reinforce this. The Constitutional Court, as the constitutionally most authoritative interpreter of the Constitution, has referred to the phrase “Belief in the One and Only God” in some of its decisions. In the Interreligious Marriage Case, the Court held that the provision of religious marriage exclusivism was constitutional. In this case, the majority of the justices relied on the belief in the supremacy of religion in matters of marriage. No attempts were made to balance the principle of “Belief in the One and Only God” with other fundamental values and regulations of the Constitution. The consequently, no consideration was given to the right to marry people of non-religion and people of non-recognized religions. It has also been argued that even if religions, particularly Islam, are employed in the Court’s reasoning, the result would be consistent with the principle of human rights protection in the Constitution21. Regarding religious marriage in Indonesia's constitution, the Constitutional Court in its decision Number 68/PUU-XII/2014, rejected all material tests submitted by the applicant. The Constitutional Court rejected the material test considering that the applicant’s claim had no legal reasons. From another perspective, considering the Constitutional Court leaving a judicial review is the theological aspect, and marriage is not only a matter of the anthropocentric side and the effect on the legal status of marriage. Religion is the foundation, and the State is interested in regulating marriage. The state has the role of protecting its people for having a family through a legitimate marriage, meaning that marriage is not only seen from the formal aspect but it is also seen from the spiritual and social aspects.22 De jure, the Indonesian government prohibits interfaith marriage based on three factors. First, the political dynamics of Law on Interfaith Marriage have become a 20 Sonny Dewi Judiasih, Nazmina Asrimayasha Nugraha, and Luh Putu Sudini, ‘Prohibition of Intera Religion Marriage in Indonesia’, Jurnal Dinamika Hukum, 19.1 (2019), 186 https://doi.org/10.20884/1.jdh.2019.19.1.2462 21 Ahmad Rofii, ‘The Religiosity Of The Indonesian Constitution: Article 29(1) And Its Interpretation’, Constitutional Review, 7.2 (2021), 203–40 https://doi.org/10.31078/consrev722 22 Rosdalina Bukido, Edi Gunawan, and Rahman Mantu, ‘Law Analysis Towards Judicial Review of Interfaith Marriage’, 1, 2020, 419–25 https://doi.org/10.4108/eai.25-10-2019.2300544 https://doi.org/10.20884/1.jdh.2019.19.1.2462 https://doi.org/10.31078/consrev722 https://doi.org/10.4108/eai.25-10-2019.2300544 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 273 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) hot-button issue, either reduced, supplemented, or altered, even though all the factions of people's representatives concurred. This is the result of the upcoming modifications and enhancements based on three factors. This is due to the upcoming modifications and enhancements. In its Decree Letter No. 5/DPR- RI/II/73–74, the House of Representatives approved enacting the Marriage Bill as a law. Second, sociocultural facts demonstrate that most Indonesian Muslims oppose interfaith marriage since such a marriage is deemed to oppose Islamic values and law. The preponderance of society's legal consciousness, as it is in contrast to Article 29 of the Constitution of 1945 and the Pancasila, has shifted to Islamic law. Individuals who adhere to their religion's values will not violate its established regulations. Third, religious doctrine in the state-recognized official faiths, such as Islam, Christianity, Catholicism, Hinduism, and Buddhism, prohibit interfaith marriage since this is less appropriate from a theological perspective than the religion-based marriage system. The purpose of marriage is to create a joyful and eternal family based on faith in the one and only God. This objective will be attained if marriage is founded on an inner bond. Therefore, marriage is not only a dimension of law but also an inner-dimensional engagement centered on divine value. Therefore, arrangements in marriage are sacred. All religions in Indonesia prohibit their adherents from marrying those of diverse faiths or religions.23 Based on Quran, the Sunnah of the Prophet, and Ijtihad, every Muslim must marry other Muslims. Thus, marriage is a binding agreement to obey God’s commands and perform them as worship to build a family that is sakinah, mawadah, and warohmah. According to Islamic law, marriage between people of different religions is strictly prohibited. Additionally, the Quran regulates marital matters as what is stated in 85 verses out of the 6,000 verses in the Qur'an. This is stated in Surah Al-Baqarah (2):221 and Surah Al-Maidah (5):5. Nonetheless, according to the Fatwa of the Indonesian Ulema Council Number 05/Kep/Munas/II/MUI/80 dated July 28, 2005, which addressed the issue of interfaith marriage, marriage between a Muslim man and an Ahl Al-Kitab woman is prohibited. The fatwa of the Indonesian Ulema Council prohibits interfaith marriage because the loss (mafsadah) is greater than the profit (maslahah) received24 Islam prohibits interfaith marriages, and Islamic law does not recognize valid marriages that exist. According to Islamic law, children born from families with interfaith marriages that do not meet the requirements and pillars of marriage are considered to be taken out of wedlock and do not have a paternal lineage. According to Article 100 of the Compilation of Islamic Law, children born outside 23 Fathol Hedi, Abdul Ghofur Anshori, and Harun, ‘Legal Policy of Interfaith Marriage in Indonesia’, Hasanuddin Law Review, 3.3 (2021), 263–76 https://doi.org/10.20956/halrev.v3i3.1297 24 Prasasti Dyah Nugraheni, ‘The Implementation of Marriage Different Religion and Their Due To the Law of the Religion of Marriage Status’, Law and Justice, 4.2 (2019), 68–82 https://doi.org/10.23917/laj.v4i2.8015 https://doi.org/10.20956/halrev.v3i3.1297 https://doi.org/10.23917/laj.v4i2.8015 274 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) families with marriage only have a nasab relationship with their mother and her family. Equally, children born from families with interfaith marriage have only a kinship relationship with their mothers and their mothers' family members25. The primary consideration stipulated in Article 8 does not restrict the prohibition performed by the prospective brides and grooms of different religions and does not expressly regulate their marriages. This is an appropriate legal reason to be used as a basis for consideration. Nonetheless, it needs a deeper examination of Article 8 Letter F, which states that having a relationship is prohibited by religion or other applicable regulations. Furthermore, determination on whether or not interfaith marriages are forbidden by religious law is essential. Article 2 (1) of the Law on Marriage, as interpreted, makes it abundantly clear that marriages performed outside of the law of each religion and belief are unlawful, regarding interfaith marriages from the perspective of each prospective bride and groom's religious law prohibiting such marriage. Although judges refer to the same source of law or legal provisions in deciding cases of interfaith marriage registration, not all courts have the same conclusion due to diverse beliefs and interpretations of religious and national law.26 The Indonesian government's protection of the people’s rights to interfaith marriages is actualized in the Indonesian judiciary. The courts have sanctioned multiple interfaith marriages. Recent cases filed to the Indonesian District Court reveal a court practice that is acknowledged as one of the ways to accept or reject interfaith marriages. The most important point is that the legal void in interfaith marriage enables judges to make use of the legal basis of jurisprudence with different stipulations, comprising the regulated Muslim reference (al-Qur'an) and the witness on trial. The fact shows that the judge's decision to determine the validity of the marriage has opened a new legal avenue for regulating interfaith marriages. Due to the inconsistent acceptance and rejection of interfaith marriage cases in Indonesia, this legal ambiguity may result in social injustice. Therefore, the best recommendation is to amend the ambiguous laws to ensure justice for all. Although the uncertainty gives judges wisdom and enables their discretionary powers, maintaining social harmony and religious teachings must always be a top priority.27 25 Indira Hastuti, Edy Sanjaya, and Budi Prasetyo, ‘Interfaith Marriage And Its Legal Consequences For Children Born According To Islamic Law’, International Journal of Educational Research & Social Sciences, 3.1 (2022), 509–17 https://doi.org/10.51601/ijersc.v3i1.303 26 Desimaliati Desimaliati, ‘Legality of Registration for International Religious Marriage Based on Court Decisions According To Law and Regulations in Indonesia’, Cepalo, 6.2 (2022), 77–90 https://doi.org/10.25041/cepalo.v6no2.2704 27 Shariffah Nuridah Aishah binti Syed Nong Mohamad and Suyatno Tengku Mahathir Mas’ud, ‘The District Court ’ S Approach in Interfaith Marriage’, Media Keadilan: Jurnal Ilmu Hukum, 13.2 (2022), 283–95 https://doi.org/https://doi.org/10.31764/jmk.v13i2.10730 https://doi.org/10.51601/ijersc.v3i1.303 https://doi.org/10.25041/cepalo.v6no2.2704 https://doi.org/https:/doi.org/10.31764/jmk.v13i2.10730 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 275 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) Considering that even though the request of the applicants was granted, it is inevitable that the marriage of the applicants is invalid according to religion (both Islamic and Christian) by the provisions of Article 2 paragraph (1) of Law No. 1 of 1974 concerning Marriage since it is considered invalid from a religious point of view regarding the forbidden acts or behaviors of the relationship between Applicant I and Petitioner II as couple candidates it is the responsibility of the applicants to God, the State through national Legislation Regulations which only provide solutions for marriage between the bride and groom, each of whom still maintains his religious beliefs. Some lawyers argue that there is a legal void regarding interfaith marriages under Article 66. Since the Law on Marriage does not govern interfaith marriage, Article 66 asserts that the initial regulations on marriage do not apply as long as the Law on Marriage governs them. The government should protect its citizens who marry people of different religions by providing a mechanism for granting marriage requests in court. Settlement a court order is a decision on a voluntary interfaith marriage application. While waiting for a marriage permit from the West Jakarta State Court, a couple named Boy Bolang and Aditya used this method. Another example can be found from an actress’, Lidia Kandau. She is a Protestant Christian, while his husband, Jamal Mirdad is a Muslim, who delayed his marriage for two months due to the court process but eventually received permission from the DKI Jakarta Civil Registry Office.28 To make it easier to get married to one of different religion, some couples have another solutions. Faith and positive law perspectives that exist in Indonesia indeed oppose it. Despite this case, the couple's desire for an interfaith marriage remains unchanged. They even traveled abroad and got married there. Interfaith marriage in other countries is valid if it is conducted by following the local law. A marriage performed abroad aims to be recognized by Indonesian law. Foreign interfaith marriage violates the laws in effect in Indonesia. In international civil law, obtaining the validity or acknowledgment of a marriage improperly is considered legal smuggling. This practice is known as "Wetsontduiking" in the Netherlands. This is the legal basis for the annulment of the marriage. Foreign interfaith weddings are not the solution for interfaith couples, which it may result in new obstacles. Numerous disadvantages of interfaith marriages demonstrate that Islamic law perfectly regulates all aspects of human life. Also, this is supported by the existing positive law.29 28 Kadriah Kadriah, Teuku Saiful, and Muhammad Naufal Hidayat, ‘Interreligous Marriage According to Indonesian Legislation’, Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 549.Iclhr 2020 (2021), 462–68 https://doi.org/10.2991/assehr.k.210506.060 29 Muhammad Habiby Abil Fida Safarin and Fatimah Fatimah, ‘Polemics on Interfaith Marriage: Law and Civil Law Perspectives’, UNIFIKASI : Jurnal Ilmu Hukum, 8.2 (2021), 262–71 https://doi.org/10.25134/unifikasi.v8i2.5166 https://doi.org/10.2991/assehr.k.210506.060 https://doi.org/10.25134/unifikasi.v8i2.5166 276 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) This systematic interpretation is also in line with the provisions of Article 2, paragraph (1) of the Marriage Law regarding the validity of marriage depending on the laws of each religion, and judges can review the provisions of other articles. Regarding religious law prohibiting the union of those of different faiths, this is also in line with Article 8 letter f that marriage is not permitted for those with a relationship whose religion or other regulations prohibit marriage. The Role of Government in Interfaith Marriage Rights Protection in Malaysia In Malaysia, Muslims are not permitted to convert to another faith, and thus, anyone who gets married to a Muslim must convert to Islam. Although all Malays are born Muslims, the country is also home to Chinese and Indian Muslims. The couple has three options if they wish to get married, such as converting to Islam, leaving Malaysia, or living together outside of marriage. However, it may have possible issues that plague Indonesia in practice. regarding the fatwa of the National Council Committee on Islamic Affairs was issued on July 14, 1977, it is permissible for a Muslim man to marry a woman from the Ahl al-Kitab group. However, Jewish and Christian women who are not classified as Ahl Al-kitab are prohibited from getting married. The Islamic Family Law Act governs marriage between Muslims, while the Islamic Marriage and Divorce Act of 1976 governs marriage between non-Muslims. The marriage process for Muslims is governed by the Islamic law. In contrast, in civil marriage, the parties visit the Registry of Marriage (ROM) office to register the wedding date, which can also be done online. They have to complete the registration within approximately 30 days (minimum of 21 days). Prospective spouses must present a letter of authorization from a religious leader, judge, or community leader30. It is also essential to note that the concept of religious freedom in Malaysia differs significantly from Western practices. Before analyzing Article 3(1) of the Constitution, it is essential to comprehend its origins as envisioned by Malaysia's ancestors. It states that Islam will be the official religion of the Federation, although other faiths may be practiced in peace and harmony. The Supreme Court was asked to determine the interpretation of Article 3. It was emphasized that the British intervention in Malaya separated Islam into its public and private aspects, isolating Islamic law from the laws of marriage, divorce, and inheritance31. Malaysian law reform lacks a definition of marriage. The term "monogamous marriage" in Chapter II, containing Articles 5 (1), 6 (2), and 7 (1), comes closest to defining marriage. It is stated that a person who lawfully marries under any law, religion, custom, or usage to one or more spouses shall be incapable of contracting 30 Kadek Wiwik Indrayanti, Enny Ristanty, and Membentuk Keluarga, ‘Analisis Peraturan Perkawinan Beda Agama Di Berbagai Negara Sebagai Perlindungan Hukum Untuk Membentuk Keluarga’, 2019, 71–81 https://doi.org/10.26905/idjch.v11i1.4046.Abstrak 31 Mohd Azizuddin Mohd Sani and Dian Diana Abdul Hamed Shah, ‘Freedom of Religious Expression in Malaysia’, Journal of International Studies, 2020, 33–50 https://doi.org/10.32890/jis.7.2011.7916 https://doi.org/10.26905/idjch.v11i1.4046.Abstrak https://doi.org/10.32890/jis.7.2011.7916 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 277 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) another valid marriage during the duration of such marriage, emphasizing the exclusive nature of a couple's relationship. If a legally married man enters a union with a woman, she has no right to the succession or inheritance of the legally married man. A marriage prohibits a couple from committing to another relationship. Such a commitment shall not be regarded as a marriage but rather as a union with no inheritance rights comparable to a marriage. Such a male shall be considered to have committed the offense of remarriage.32 The Islamic Family Law of Malaysia prohibits a Muslim man from marrying a non-Muslim, except for a kitabiya (women of Ahl Al-Kitab). Furthermore, a Muslim woman cannot marry a non-Muslim man. In addition to the preceding, the Islamic Family Law of Malaysia prohibits certain marriages based on consanguinity, affinity, and fosterage. No man or woman, for instance, marries his mother or father or his mother-in-law or father-in-law. At the same time, no man has two wives who are sisters or otherwise related. The Islamic Family Law of Malaysia prohibits a Muslim man from marrying a non-Muslim, except for a kitabiyahh. Furthermore, a Muslim woman cannot marry a non-Muslim man.33 Constitutional mandate to maintain religious harmony. Some Malaysians may interpret proposals for interfaith dialogue as risking an interactional "attack" which highlights the sensitivity with which religion is regarded in this context. In other regions of the world, the interfaith agenda is at least partially motivated by a desire to foster social cohesion. The legal implications of framing religion in political terms pose a threat. A comment about "sensitive" issues leading to arrests references the 1948 Sedition Act. A question then arose “Why the politicization of religion in Malaysia is detrimental to interfaith engagement through this citation?” The call to "abolish" the term "sensitive" about religion suggests a belief in the need of reframing religion as independent of politics if Malaysians are to engage in interfaith dialogue. Malaysians are more likely to interact consciously across racial and ethnic lines than religious lines in everyday life. Other participants interpreted religious conflict as an extension of ethnic and racial conflict due to a perceived overlap between ethnic and religious identities34. Disputes in religious issues within the Malaysian context could not be untended. It could become a ticking time bomb or a thorn in the flesh. Such a situation would not suit Malaysia’s diverse and plural makeup. Such an issue should be discussed in an appropriate forum to clear the fog and misunderstanding. One solution should be a dialogue between the interested parties. In this context, dialogue 32 Tiurma Allagan, ‘International Mixed Marriage in Indonesia and ASEAN: International Mixed Marriage and Its Recognition in Indonesia towards One ASEAN Community’, 2019 https://doi.org/10.33612/diss.100378352 33 Fatum Abubakar, ‘Islamic Family Law Reform: Early Marriage and Criminalization (A Comparative Study of Legal Law in Indonesia and Pakistan)’, Al-Ahkam Jurnal Ilmu Syari’ah Dan Hukum, 4.2 (2019) https://doi.org/10.22515/alahkam.v4i2.1667 34 Elaine F. Fernandez and Adrian Coyle, ‘Sensitive Issues, Complex Categories, and Sharing Festivals: Malay Muslim Students’ Perspectives on Interfaith Engagement in Malaysia’, Political Psychology, 40.1 (2019), 37–53 https://doi.org/10.1111/pops.12501 https://doi.org/10.33612/diss.100378352 https://doi.org/10.22515/alahkam.v4i2.1667 https://doi.org/10.1111/pops.12501 278 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) between Christians and Muslims is needed to foster understanding. The climate of Muslim-Christian relations is much influenced by issues related to beliefs and perceptions held. Sometimes, seemingly trivial matters may leave a more profound impact on adherents of these two faiths. A lack of communication between the two communities is a source of misunderstanding. This dialogue program is an excellent option to rectify this problem. In addition, the PH government could be a catalyst for this dialogue, and it could help to solve these issues positively. It is hoped that this open policy of the PH government could lead to a more harmonious path and prevent conflict due to differences in religion and beliefs. In the context of Malaysia, religious conflicts are inevitable. It has the potential to become a ticking time bomb or a flesh-piercing thorn. Such a circumstance would be detrimental to Malaysia's diverse and plural population. Such a topic should be discussed in an appropriate forum in order to dispel confusion and fog. A dialogue between the parties involved is one possible solution. In this context, Christian-Muslim dialogue is necessary to promote understanding. Muslim- Christian relations is significantly influenced by matters about beliefs and perceptions. Occasionally, seemingly insignificant issues can have a greater impact on the adherents of these two religions. There needs to be more communication between the two communities. The dialogue program is subsequently viewed as a viable solution to this issue. In addition, the Philippine government could catalyze this dialogue and positively contribute to the resolution of these issues. It is hoped that this open policy of the Philippine government will lead to a more harmonious path and prevent religious and philosophical conflicts.35 The social landscape of Sabah culture exemplifies the social virtues of easily socializing and mixing with others to form positive relationships with multiple dimensions, such as intermarriage. Harmonious interfaith relations in Sabah are not a new topic and have long attracted the interest of social scientists. their contextual framework when it is necessary to highlight specific differences in Sabah, such as mixed-faith families, interfaith marriage, the absence or nonexistence of interfaith conflict, daily life interaction, and acceptance of others' religious places of worship built in their neighborhood. The consensus of experts includes three constructs, nine elements, and 43 criteria. Given such cases, this study highlights the socio-religious pattern of harmony in Sabah as a state and calls for further research in this area. Even though some of the results corroborate previous research findings, this study has been designed uniquely by examining some essential aspects of other states. Moreover, the implications of this study identify priorities for maintaining and enhancing the level of socio-religious harmony in Sabah based on expert consensus, focusing on contributing to the new theory and framework of socio-religious harmony by highlighting the hierarchy 35 Abd Hakim Mohad and others, ‘Muslim-Christian Relations in Malaysia: Issues and Solutions’, Humanities and Social Sciences Reviews, 7.1 (2019), 347–53 https://doi.org/10.18510/hssr.2019.7140 https://doi.org/10.18510/hssr.2019.7140 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 279 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) model of noble values. In addition, this study contributes to the drafting of the National Harmony Charter policy in Malaysia36. Regarding the government’s role in interfaith marriage protection, the federal government, through JAKIM, has repeatedly increased its efforts to standardize state-level Islamic laws, especially those about Muslim personal matters such as marriage, divorce, and inheritance under consideration through court warrants. From a historical perspective, government efforts to promote centralization in Islam-related matters can only be described as politically contentious, especially in light of long-standing tensions regarding the balance of federal and state-level powers. During Malaysia's pre-independence constitution-making process, the Sultans voiced vehement opposition to the inclusion of a provision establishing Islam as the official religion of the Malayan federation (for fear that this would shift the locus of authority in Islamic matters to the central government). They agreed to include this provision only after receiving explicit assurances that their regional authority in matters about Islam would not be lost. The Sultans were assured that even if a federal government department were established to address religious issues, it would not fall under the jurisdiction of Malaysia's elected government, as it does today (in the form of JAKIM). Instead, they were assured that the department's sole purpose would be to "coordinate" the federation and the states under the jurisdiction of Malaysia's rotating monarchy king (the Yang di-Pertuan Agong). In other words, the Sultans of Malaysia are envious of their state-level legislative authority regarding Islam37. The government’s role is inseparable from the issue of marriage protection, particularly for young children. Although religious institutions can be tremendous assets, it is essential to emphasize that they are not a panacea for ensuring the safety of children. This section describes the challenges and dangers that religious institutions pose to children and the measures taken to safeguard them. In the same way that an exhaustive list of the protective roles religious institutions can play is beyond the scope of this article, so is an exhaustive list of the risks. Consequently, this section provides several examples of consideration-worthy issues. Surveys and interviews with religious leaders to determine how they perceive child protection and what activities they believe address, prevent, and eradicate violence against children could inform policy, practice, and inspire further research. Further, examining the types of child protection activities religious institutions engage in and how they are framed can help religious institutions better understand how 36 Mohd Nazmi Mohd Khalli, Suraya Sintang, and Assis Kamu, ‘The Framework of Socio-Religious Harmony in Sabah, East Malaysia: An Application of Fuzzy Delphi Method’, Heliyon, 8.8 (2022), e09976 https://doi.org/10.1016/j.heliyon.2022.e09976 37 Matthew J. Nelson and Dian A.H. Shah, ‘Operationalizing and Regulating Religious Freedom: Apostasy and Administrative “Reasonableness” in Malaysia and Beyond’, International Journal of Constitutional Law, 16.4 (2018), 1293–1321 https://doi.org/10.1093/icon/moy100 https://doi.org/10.1016/j.heliyon.2022.e09976 https://doi.org/10.1093/icon/moy100 280 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) they can protect children while also assisting secular organizations in targeting initiatives and materials and enhancing outreach efforts38. Adjustment and Social Integration in Indonesia and Malaysia Marriage is a fundamental human right, meaning that every person has the right to build a family. Nonetheless, Article 28B Section ig of the 1945 Constitution, in conjunction with Article 10 Section of the Human Rights Act and Article 2 Section Co of the Marriage Act, imposes a limitation on the ability to exercise the right to form a family, namely the requirement of marriage. Based on these laws, the authors draw the following conclusions: (i) the legality of marriage will be recognized by Indonesian national law so long as the marriage is based on the laws of the respective religion and belief, and (ii) the legality of marriage will be determined by the laws of the respective religion and belief. As a result, the right to build a family for spouses desiring an interfaith marriage will be restricted, and the marriage will not be legal. Foster once referred to Justice Traynor's view, based on a classical theory, that there should be no prohibitions on marriage unless for critical social goals and with reasonable means. Religion and marriage are inseparable matters even though Indonesian law guarantees the right to build a family, the ceremony should not be permitted if there are any deviations regarding marriage. Individuals' right to form a family appears to be restricted, but marriage is not only a civil action but also a religious action. Marriage is a sacred vow whose fulfillment is intended to glorify the one and only God. According to religious law, the purpose of marriage is to fulfill God's commands, and its performance is a form of worship. Consequently, if the worship is performed improperly, the values of marriage as worship cannot be fulfilled since its performance does not meet the criteria for worship as specified by the laws of the respective religion or belief39. Meanwhile, the judge's consideration of rejecting the applicant's request refers to “Article 2 paragraph (1) of the Marriage Law, that marriage is legal if it is carried out according to the laws of each religion and belief. From the formulation of Article 2 paragraph (1), there is no marriage outside the law of each religion and belief by the 1945 Constitution”. Based on the explanation of Article 2 paragraph (1) it shows that the marriage must be carried out first according to the religious law of the applicants, whether to be carried out according to the procedures of Islamic religious law or the procedures of Christian religious law. Besides, the Court is not an institution that legalizes marriage. The Majolis of Religion has no role in forming legal policies related to interfaith marriages because the Marriage Law was stipulated before the Religious Council was established. Instead of limiting the cohabitation of interfaith couples, even though religious leaders support or do not support interfaith marriages, the practice is still widespread and 38 Jill D. McLeigh and David Taylor, ‘The Role of Religious Institutions in Preventing, Eradicating, and Mitigating Violence against Children’, Child Abuse & Neglect, 110 (2020), 104313 https://doi.org/10.1016/j.chiabu.2019.104313 39 M. Ya’kub Aiyub Kadir and Fachrian Rzki, ‘Interfaith Marriage in Indonesia: A Critique of Court Verdicts’, Yuridika, 38.1 (2023), 171–90 https://doi.org/10.20473/ydk.v38i1.38099 https://doi.org/10.1016/j.chiabu.2019.104313 https://doi.org/10.20473/ydk.v38i1.38099 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 281 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) increasing rapidly. This observable fact should be an essential reason for the Constitutional Court to grant or reject the practice of interfaith marriage in Indonesia. The state has more responsibility in clarifying regulations or official actions because Indonesia is based on law. In terms of interfaith marriages and social conflicts, the authors examine an Irish study. The digitized 1911 Irish population census has revealed much about the prevalence and nature of mixed marriages in Ireland before World War I. Diverse marriages were uncommon, especially in the northern province of Ulster, which had a large OD population. Even though they remained the exception elsewhere in Ireland, mixed marriages were relatively more common. This difference becomes especially apparent when the OD community members’ tendency to marry outside the community is emphasized, using the OD population as the denominator. How historical patterns of intermarriage can predict future violent and civil conflicts. Similar analyses, for instance, in the Balkans or the Middle East, illuminate and constitute a worthy topic for future research40. Malaysia's marriage law is a combination of civil law, Islamic law, and customary law. Law Reform (Marriage and Divorce) 1976 (Act 164) was enacted in Malaysia following English common law and applies to all non-Muslim citizens. In contrast, Muslim laws, such as marriage, are governed explicitly by each state's Islamic law, as stated in Table 9, List II of the Federal Constitution's State List. A person who gets married under Act 164 converts to Islam on their own. This individual has two options: ask their spouse to convert to Islam to continue their civil marriage or dissolve the marriage if the spouse refuses to convert within three months of the individual's conversion. The Malaysian law does not recognize interfaith marriage, particularly between Muslims and non-Muslims. Some Muslim converts seek to dissolve their civil marriage in a Shariah court; however, the court's ruling only binds the Muslim converts, and civil marriage continues to exist. In conclusion, conversion to Islam does not automatically result in the dissolution of civil marriage; the non-Muslim party must file a petition to the civil court for dissolution of marriage under Section 51(1) of Act 164, and the Shariah court lacks the authority to dissolve a civil union. It has been argued that a couple should not be separated due to the man's conversion to Islam because Shariah permits a Muslim man to marry a woman from the People of the Book41. Marriage is indeed inseparable from the problems of underage marriage. Adolescent girls' ability deprivations may be significantly influenced by child marriage. Still, the pattern of these deprivations is likely to be very context-specific and influenced by several sources of disadvantage, such as poverty and forced relocation. It is crucial to avoid making simplistic generalizations about the 40 Alan Fernihough, Cormac Ó Gráda, and Brendan M. Walsh, ‘Intermarriage in a Divided Society: Ireland a Century Ago’, Explorations in Economic History, 56 (2015), 1–14 https://doi.org/10.1016/j.eeh.2014.11.002 41 Mohd Al Adib bin Samuri and Azlan Shah nabees Khan, ‘Legal Implications of Conversion to Islam on Civil Marriage : Narrative of Converts in Malaysia’, Islamiyyat, 42.2 (2020), 103–11 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 https://doi.org/10.1016/j.eeh.2014.11.002 https://doi.org/doi.org/10.17576/islamiyyat-2020-4202-10 282 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) distribution of weaknesses in the context of macro shocks like the pandemic and to ensure that policy and programming are guided by context-specific vulnerability assessments that take married status into account, among other intersecting sources of disadvantage. Access to mobile phones and additional information and communications technology provides a chance amid the pandemic, particularly in places like Bangladesh and Jordan, where connectivity rates are high. However, some analysts have cautioned against using digital technology to reach married adolescent girls42. Over the last 20 years, there has been a critical mass of 30 evaluations that it has worked harder than ever before to postpone marriage. A broader range of interventions, evaluation methodologies, and a higher share of more rigorous evaluations allow for more substantiated findings. The increased share of single- component and multiarm studies, which allow for greater specificity in comparing program or policy strategies, and a higher share of large-scale, government- delivered programs and policies, allow for a more deliberate analysis of the reach and sustainability of different approaches, are especially beneficial43. Some basic similarities regarding interfaith marriages exist in Indonesia and Malaysia. The religious laws of the petitioners prohibit interfaith marriages. It confirms that interfaith marriage, even though it is not regulated clearly and explicitly in the Marriage Law, is prohibited, and thus, the judge should reject the application. Religious laws and beliefs in Indonesia are essential in determining the legality of interfaith marriage. In Islam, interfaith marriage is prohibited, even though there are differences of opinion among scholars regarding this issue. Most Indonesian Muslim scholars, represented by the Indonesian Ulema Council, stated in their fatwa that whether a Muslim man or woman marries a non-Muslim, the law is unlawful. Meanwhile, Article 44 of the Compilation of Islamic Law prohibits Muslim women from marrying non-Muslim men. Some scholars argue that this is permissible if Muslim men get married to women of Ahl Al-kitab (kitabiyah). Few scholars perceive it is permissible for Muslim men or women to marry non- Muslims44. 4. Conclusion Indonesia is a pluralistic country with numerous ethnic and religious groups. Concerning religion, numerous groups, including the government and other constituents, are concerned about the issue of relationships among religious people. Interfaith marriage for each party concerns the creed and law which is 42 Sarah Baird and others, ‘Intersecting Disadvantages for Married Adolescents: Life After Marriage Pre- and Post-COVID-19 in Contexts of Displacement’, Journal of Adolescent Health, 70.3 (2022), S86– 96 https://doi.org/10.1016/j.jadohealth.2021.12.001 43 Anju Malhotra and Shatha Elnakib, ‘20 Years of the Evidence Base on What Works to Prevent Child Marriage: A Systematic Review’, Journal of Adolescent Health, 68.5 (2021), 847–62 https://doi.org/10.1016/j.jadohealth.2020.11.017 44 Haifaa Jawad and Ayse Elmali-Karakaya, ‘Interfaith Marriages in Islam from a Woman’s Perspective: Turkish Women’s Interfaith Marriage Practices in the United Kingdom’, Journal of Muslim Minority Affairs, 40.1 (2020), 128–47 https://doi.org/10.1080/13602004.2020.1737415 https://doi.org/10.1016/j.jadohealth.2021.12.001 https://doi.org/10.1016/j.jadohealth.2020.11.017 https://doi.org/10.1080/13602004.2020.1737415 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 283 Vol. 3, No. 2, July 2023, pp. 265-287 Zaidah Nur Rosidah et.al (The Government’s Role in Interfaith Marriage Rights) essential for an individual. This means that two different regulations are involved regarding the conditions and procedures for holding marriages by the laws of their respective religion. In Indonesia and Malaysia, the respective government has a responsibility to protect its citizens regarding interfaith marriages. The Indonesian government's role in interfaith marriage rights protection for its citizens is implied by judicial decisions in which some judges permit them. The decision's disparity safeguards the rights of citizens. Nonetheless, this disparity creates doubt among citizens who oppose interfaith marriages. In addition, the Malaysian government does not permit interfaith marriages. For the protection of its citizens, interfaith marriages occur in the courts, where citizens are still required to hold marriages of the same religion, with some embracing other faiths through the courts later. 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