Interfaith Marriage in the Perspective of Positive Law: A Comparative Legal Analysis of Indonesia and Malaysia

Abstract

This study examines the legal framework and implications of interfaith marriages in Indonesia and Malaysia through a comparative legal analysis of positive law. Despite sharing similar religious demographics, these countries demonstrate distinct approaches in regulating interfaith marriages. Using normative juridical methodology with comparative and statute approaches, this research analyzes primary legal sources, including marriage laws, court decisions, and religious regulations from both countries. The findings reveal that Indonesia's legal system provides limited flexibility through court determinations, while Malaysia maintains a strict dual system separating Muslim and non-Muslim marriages. The study documents significant judicial implications affecting civil rights, with court records showing that interfaith couples often face registration complications, inheritance limitations, and child custody challenges in both countries. Research by Abdullah et al. (2023) indicates that in Malaysia, religious conversion has become the predominant legal solution, while Indonesia offers limited alternatives through judicial interventions. The study concludes that a regulatory framework incorporating legal pluralism principles could address the legal challenges faced by interfaith couples while respecting constitutional rights and religious sensitivities in both countries.