Nikah Beda Agama sebagai Penghalang Hak Waris dan Hak Perwalian antara Hukum Islam dan Hukum Perdata

Abstract

This research aims to compare the implications of interfaith marriages on the issue of inheritance and guardianship rights from the perspective of Islamic law and civil law. This type of research is library research. The approach used in this research is a qualitative approach, using techniques obtained from the literature and obtained from books. The results of this thesis explain, (1) interfaith marriages are prohibited in Islamic law, while interreligious marriages in civil law do not explain or clearly regulate interfaith marriages. So from the perspective of Islamic law, if the heir is a Muslim and his chils is a non-Muslim heir, the child has no right to inherit. Meanwhile, from a civil law perspective, religious differences are not an obstacle for someone to become an heir and have the right to receive an inheritance. (2) Guardians in Marriage according to Islamic law and civil law, the author concludes that the difference in Islamic law is that a guardian is one of the requirements for a harmonious marriage according to Islam, and a marriage cannot be considered valid without a guardian. Marriage guardians who are non-Muslims or have different beliefs are an obstacle to marriage guardians. Because the marriage is invalid. Meanwhile, marriage guardians who have different religious in civil law are considered valid even if the two parties to the marriage have different religions, and do not consider religion to be and essential element in a marriage as long as it is not regulated in civil law.