The issue of
interfaith marriage has been debated for more than three decades in Indonesia,
especially after the enactment of the Indonesian Marriage Law (Undang-Undang
Perkawinan or UUP) Number 1 year of 1974, which has restricted inter-religious
union. The law states that a marriage is legitimate only if the prospective
bride and groom share the same religion (The
Jakarta Globe, 27 Sept 2010). Since then, the interfaith marriage remains a
sensitive issue and its legalization remains a dream of many people in
Indonesia (The Jakarta Post, 24 April
2005). It is a fact that thousands of Indonesian interfaith couples have
experienced difficulties and hindrances by government regulation, by their
religious rules, and by the societal norms to get married and register their
marriage (Monib & Nurcholish, 2008, p. xix). Many even have to break their
relationship and suffered psychologically because they could not find a way to
have a legal marriage in their own country. Not only the UUP (Law No. 1/1974)
has prohibited interfaith marriages, the religious rules restrict their
follower to marry a non-believer, and the societal norms being unfriendly with
the interfaith couples and their presence amidst the community (Nurcholish
& Baso, 2010, p.xii). Because of a strict regulation as interpreted at the
marriage law, we found many cases where people fake their identification or
Kartu Tanda Penduduk, just to be able to register their marriages (The Jakarta
Globe, 27 Sept 2010). They nominally convert to one religion and manipulate the
rules just to simplify the bureaucratic process in registering their marriage
(Nurcholish, 2004, p.220). While some other couples decided to get married
outside Indonesia rather than getting fake identification card, which is
clearly illegal (The Jakarta Globe,
27 September 2010).
Despite being
married to someone with whom we choose and love is an important issue because
it concerns basic human rights about freedom of choice to form a family; many
people argue that interfaith marriage should be prohibited in Indonesia.
However, it is my contention that interfaith marriage contributes to
strengthening the community’s religious tolerance in Indonesia; therefore the
marriage must be legally recognized by the state by amending the current
Marriage Law (UUP Law 1/1974). By doing so, I believe that broader communities
will finally more accepting of the marriage and respect the rights of the
interfaith couples to marry and raise a family.
The UUP 1/1974
has written that a marriage in Indonesia is only legitimate if it is performed
according to the laws of the respective religions and beliefs of the parties
concerned. However, this legal prohibition of interfaith marriage contravenes
national and international human rights laws which have been ratified by the
Indonesian Government. The amendment of the Indonesian Constitution
(Undang-Undang Dasar 1945) and Ratification of International Covenant Number 12
year of 2005 on Economic, Social and Cultural Rights have acknowledged and
placed the crucial position of human rights in the Indonesian legal framework.
Therefore all legislation should embody those principals of human rights. Given its
centrality in an individual life and its subsequent social and legal
implication, even a marriage for two persons with different beliefs, and
therefore performed in two different rituals, should be recognized by the
Government as this is the right of every citizen. Especially a democratic government such as Indonesia, which has its main responsibility as fulfilling civil administration needs of its citizen, should not have the authority to choose any religion that becomes the nation's official religion, to recognize or not recognize certain condition in relation to religion, religious views, or religious rituals. The Government should not
also have the authority to act in discriminating manner against citizens who embrace a religion or a belief, or to the desire to marry citizens of different religions. Furthermore,
to form a family is a very basic human nature and a fundamental building-block
of a functioning, vibrant and nurturing society. Therefore the right to raise a
family should be fully embraced and protected by the people and the society,
and the Government should not interfere in any manner on legalizing interfaith
marriages as it is contravenes to its citizen human rights (www.bh4kti.multiply.com).
Interfaith
marriages are not without their detractors. One argument against the
acknowledgment of interfaith marriage is that most religions in Indonesia
prohibit interfaith marriage. This argument assumes that marrying a person with
different religious background can diminish religious values and piety, or as
stated by the Indonesian Ulema Council (MUI) that religion can be side-lined by
the interfaith marriage (MUI against Interfaith Marriage, 28 Sept 2005 at www.mui.or.id). However, it is my
belief, and is derived from my own experienced, that interfaith marriage
actually reduces religious distance in our community. The reason is that the
interfaith couples provide an opportunity for our family and surroundings to
understand each other’s religion in a more non-confrontational manner, and at
the same time practicing the most basic essence of our own-religion, which are
love, care to one-another and tolerance. Through their marriage, an interfaith
couple plays a conciliatory role in introducing tolerance and pluralism to
their children, extended families and their community (Monib & Nurcholish,
2008, p. 242-243). The couples are not only tend to learn more about their
spouse’s religion and understanding better their own-religion, but also
practicing more consciously the concept of tolerance in their daily lives
particularly in respecting the differences in their family, and introduce the
learning and values to their children, so that they can respect other values in
their life (Pernikahan Beda Agama, 15 Feb 2012 at www.irindonesia.wordpress.com). Furthermore, a multi-religion family develops stronger respect
in honoring other people’s religion and beliefs. Again, this is also from my
own experience as an interfaith couples and a counselor for the interfaith
marriages. Before I got married in 2005, I did not really know and understand
Islam. I even had misperceptions about Islam and its followers. But now I do
have a better understanding about this religion and its tradition, and to my
surprise by knowing Islam and Moslems, at the same time I also learned and
embraced Christianity, my religion, in a more meaningful and pious way.
Marrying a
person who have a different religion do not let me side-lined my own religion,
but in fact it enrich my understanding about my own religion and my spouse’s
religion. By doing this, it effects greatly in building our tolerance of each
other’s faiths and practices, and in strengthening our relationship. In
addition, there was a study on inter-religious people in Ranurejo Village in
East Java which concludes that despite having different faiths and religious
practices, the local villagers have lived in ways that prove their high-level
of understanding and practice on pluralism and tolerance to one another. The
interfaith marriages in that community have contributed in creating tolerance
and maintain it in their society. People with different faiths can easily meet,
interact, share and exchange their views, and solve social problems together in
an open and respectful environment (Al Aluf, 1996, p. 139-140). A similar study
conducted by Dr. Dilip Amin in several Asian Countries has concluded that most
interfaith marriages have established the foundation of their marriages on a
strong mutual respect for religious diversity (Amin, 2009, p.7).
A related
argument against this form of nuptial states that interfaith marriage can cause
division in the community. These interfaith couples, so this argument goes, may
potentially create conflicts in their family and surrounding communities. Moreover, many parents of interfaith couples
are in fear of condemnation from either their religious leaders or their
communities. However, I believe that interfaith marriage is an important
indicator of peaceful and harmonious relationships between communities in
religiously diverse society such as Indonesia. With a current condition in
Indonesia where violence, fanaticism and religious radicalism occurred in
people’s daily lives, “having many legal interfaith marriages in the community
will bridge more supportive environment for religious diversity and can
actually produce closeness between people with different faiths”,
(Justification for Interfaith Marriage in Indonesia, 24 March 2011 at www.najwasungkaracademics.wordpress.com). Furthermore it is not only that many interfaith couples can
introduce different religious traditions in their community, but also through
their marriage and union, the couples have contributed in developing a more
substantial relationship among people with different faiths, the couple often
times are the medium that makes them meet and talk. The people surrounding the
interfaith couples will benefit by having the opportunity to learn more about
other people’s religion and traditions, eliminate misperception and
misconception about other religions, reduce tensions due to the misperception,
and create and improve harmonious environment in their community. An interfaith
couple, Adi Abidin and Lia Marpaung, has shown this through their marriage in
early 2005 where it was attended by many numbers of religious and community
leaders where everybody from different religions could got-together for the
first time in Salatiga Municipality in Central Java, and agreed to one similar
thing: supporting the marriage (Nurcholish & Baso, 2010, p.68). Since then,
numbers of inter-religious leaders have met regularly in that municipality and
various issues have been discussed and shared together in a pluralistic and
tolerance environment.
In conclusion,
despite the claims by opponents that interfaith marriage should still be
prohibited in Indonesia, there are some evidences that interfaith couples in
fact play a substantive and contributing role in improving religious tolerance
in their community. Furthermore, it is love that bonds a marriage. Love is a
human right. Men and women of full age, without any limitations due to
religion, race, and nationality, have the right to marry and to form a family.
They are entitled to equal rights as other married couples from similar
religion. The National and International legal instruments have recognized this
universal declaration of human rights, therefore, the Indonesian people,
society and government should legally recognize interfaith marriages through
amendment to the Marriage Law (UUP Law 1/1974).