Pernikahan Beda Agama dalam Konteks Indonesia:Analisis Takhshish dan ‘Amr dalam Kitab al-Mahshūl fi ‘Ilm Ushūl al-Fiqh

Abstract

This paper is presented to roll out the discourse of interfaith marriage in the Indonesian context by using Kitab al-Mahshūl fi 'Ilm Ushūl al-Fiqh as a knife of analysis, especially its relation to takhshish and amr. The research method in the paper is qualitative which is then described analytically. The findings of this study state that the law of interfaith marriage in the lens of fiqh is debatable among scholars. This was triggered by the interpretation of the word polytheism and the application of takhshish maqthu' bil maqthu' through surah al-Maidah verse 5 to surah al-Baqarah verse 221. This is in accordance with ar-Razi's statement in al-Mahshul fi Ilmi Ushul Fiqh. As a middle ground for the debatable view of fiqh, in the Indonesian context, the state has regulated this marriage procedure very nicely. Thus, as citizens who are bound by laws and regulations, they must obey the legal products in force in Indonesia provided that these legal products do not violate sharia law. This is called the obligation of obedience to ulil amri as mentioned in an-Nisa' verse 59 where the form of shighat amr ( (اطيعوا in the verse functions al-Ijabah (expresses obligation) according to the statement of ar-Razi in his book of ushul fiqh. So, on that basis it is obligatory for every Muslim to obey the marriage rules that have been regulated by the state (ulil amri). Or in other words, it is haram for every Muslim to perform interfaith marriages in Indonesia.