Implications of Interfaith Marriage in the Napu Valley on Guardianship and Inheritance

Abstract

Marriage is the union of two different persons. This situation itself has certainly become a problem because two different personalities unite to know and understand each other and unite their hearts which is not easy to do, let alone the union of two individuals of different religions who are very prone to conflict. This study aimed to determine the status of guardianship and the process of dividing inheritance from interfaith marriages. This type of research is a case study with a normative, juridical, historical, and cultural sociology approach. The results of this study are: First, the guardianship process is divided into three parts: a) using a guardian judge, b) a guardian from the government, and c) The marriage carried out by a traditional institution with the non-Muslim female parent as guardian. The process of dividing the inheritance is completed through deliberation, and if an agreement cannot be reached, then it is left to the laws of each religion. Second, the status of guardianship in cases of interfaith marriages is considered valid if it is in accordance with the procedures of religious law, and invalid if it violates the rules that have been set. In the context of the validity of a marriage, it is not permissible to give legitimacy to customary institutions to deal with marriage problems. In addition, revisions to the marriage law are primarily done in the section on sanctions for violators.