DISHARMONISASI KELUARGA DAN IMPLIKASINYA PADA PASANGAN BEDA AGAMA DI SELUMA KOTA PERSPEKTIF SOSIAL HUKUM KELUARGA

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Jaya, Dwi Putra (2025) DISHARMONISASI KELUARGA DAN IMPLIKASINYA PADA PASANGAN BEDA AGAMA DI SELUMA KOTA PERSPEKTIF SOSIAL HUKUM KELUARGA. Doktoral (S3) thesis, UIN Fatmawati Sukarno Bengkulu.

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Abstract

Regulations reflect the religious and cultural values of society. For example, Law No. 1 of 1974 on Marriage stipulates that a valid marriage in Indonesia is between a man and a woman of the same religion. Future legal development (ius constituendum) is based on social phenomena in society, including the fact that there is "legal smuggling" related to interfaith marriages. This research, using empirical juridical research, examines the implementation or enforcement of normative provisions in action in each specific legal event that occurs in society. The results reveal three significant findings: Family harmony among interfaith couples in Seluma City occurs within a complex dynamic yet full of adaptive efforts. Interfaith couples in this region demonstrate the ability to build open communication, respect each other's beliefs, and prioritize family values as the primary foundation. Harmony in their households is formed not only by practical daily agreements, but also by a spirit of tolerance and an awareness of the importance of maintaining family unity amidst differences. From the perspective of maslahah mursalah, this harmony reflects real benefits for individuals, families, and society. The decision to live side by side despite religious differences is often based on broader considerations of goodness, such as maintaining domestic tranquility, avoiding conflict, and setting an example of harmonious living in a multicultural society. The practices carried out by these interfaith couples, although not explicitly regulated in positive Islamic law, can provide substantial benefits and do not conflict with general principles of sharia. The existence and lived experiences of interfaith couples in Seluma City can be seen as a real contribution to the discourse on legal reform in Indonesia. They present a social reality that demands a more inclusive, just, and contextual legal response. Their lived experiences suggest the importance of revising or opening up dialogue within the national legal system, particularly on issues of interfaith marriage, which remain a subject of legal and normative debate. Thus, these interfaith couples are not only social actors but also agents of change, inspiring the development of laws that are more responsive to the diversity of Indonesian society

Item Type: Thesis (Doktoral (S3))
Contributors:
ContributionContributorsNIDN/NIPEmail
Thesis advisorYusmita, Yusmita197106241998032001UNSPECIFIED
Thesis advisorNurdin, Zurifah197209222000032001UNSPECIFIED
Thesis advisorDewi, Desy Eka197512102007102002UNSPECIFIED
Uncontrolled Keywords: Harmonization, interfaith couples, family social law
Subjects: Pascasarjana > Studi Islam (S3)
Divisions: Pascasarjana > Studi Islam (S3)
Depositing User: furqon adli
Date Deposited: 20 Aug 2026 01:58
Last Modified: 20 Aug 2026 01:58
URI: https://repository.uinfasbengkulu.ac.id/id/eprint/6380

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