Interfaith couples concerned as resistance to Surabaya court ruling grows
By Cahaya Ratomo
Interfaith couples have expressed their concern about growing resistance to a Surabaya district court ruling in June that recognizes interfaith marriage.
(Unsplash/Courtesy of Samantha Gades)
Monica Seles, 29, is feeling worried. A recent attempt to overturn a court ruling on interfaith marriages in Surabaya, East Java, has her concerned for other mixed couples in the country and their right to be wed.
She said she believes religion should not be a “barrier to marriage”, and that anyone acting in the name of religion should not prevent mixed marriages from occurring. Monica, herself a Catholic housewife hailing from South Jakarta, is married to a Protestant man.
“If both parties agree to a decision to get married in spite of their religious differences and have complied with their country’s regulations, […] then it is not a real problem,” she told The Jakarta Post on July 15. She underlined the importance of adhering to national laws, which she says all “good religious people and good citizens” should do.
Last month, Indonesian social media lit up after the Surabaya District Court ruled to recognize an interfaith marriage between a Muslim man and a Christian woman, identified only as RA and EDS, respectively, after the local civil registry office refused to acknowledge their union. The couple married in March in a process that observed both Islamic and Christian wedding rites as set out in prevailing regulations.
The Surabaya Civil Registry Office (Disdukcapil) challenged the court ruling and the hearing is set to continue on Aug. 10.
The decision also sparked outrage among religious groups, some of which have called for the ruling to be annulled on the grounds that it contravenes religious laws. The head of the Indonesian Ulema Council’s (MUI) law and human rights commission, Deding Ishak, said the organization would report the judges who authorized the marriage to the Judicial Commission for examination.
“The President and Vice President must understand and pay attention to this. Even though there are legal corridors, this is a concern that must be taken seriously,” Deding told a local news outlet on June 23.
Vice President Ma’ruf Amin, who is a former chairman of the MUI, said the court’s decision was indeed not in line with the fatwa the organization had issued on the matter.
Meanwhile, authorities presiding over Indonesia’s other approved religions are also divided over the case.
Pinandita Astono Chandra Dana is the head of religion and spirituality at the Hindu Dharma Council of Indonesia (PHDI), a national Hindu organization. Based in Tangerang, Banten, the 57-year-old claims that interfaith marriages are not supported in the Hindu faith, as they do not fully heed the teachings of the Wedha scripture.
“According to Hindu teachings, it is not permissible to carry out a holy marriage when the bride and groom are of different religions,” he told the Post on July 15.
Alternatively, pastor Golman Gultom, 63, of the Indonesian Communion of Churches (PGI), believes that interfaith marriages will occur regardless of what is stated in the law – such as by converting to a religion in name only or getting married abroad – and therefore he supports its legalization if it means creating a more inclusive community.
“Interfaith marriages are a daily phenomenon, and the state cannot ignore [the couple’s] civil rights to be recorded and protected by the state. [...] The state’s obligation to administer the population and protect the civil rights of citizens must be prioritized over religious teachings or traditions,” he said.
“Love does not know religion, but is something that grows as a reflection of humans who have the love of God.”
In a vastly multicultural society like Indonesia, interfaith marriage is a growing albeit not commonly acknowledged phenomenon. While legal corridors do not exist to prevent it, the majority of conservative-leaning Indonesians shun it.
Analia Trisna, chairwoman of the Indonesian Mixed-Marriage Society (PerCa), argues that “religion should not be used as a viable excuse to terminate interfaith marriages”, given that marriage is both a constitutional and human right within heterogeneous law.
However, she admits there are no current laws that clearly address interfaith marriages, leaving affiliated couples confused as to whether or not their union can be legalized.
Accordingly, many turn to their respective religions for answers, which further limits the number of interfaith couples who can afford to be wed, given that the tolerance for such unions fluctuates between religions.
Analia called for clearer, more explicit laws to prevent such conflict and confusion in the future.
A Supreme Court decision in 1986, which overturned a lower court ruling that supported a civil registry office’s refusal to recognize interfaith marriage, stipulated that differences in faith should not be an obstacle to couples getting married. This case has since been used by others as a reference in applying for interfaith marriage permits.
Dita, a Christian housewife and company executive who asked not to be fully identified, offers a piece of advice for young interfaith couples.
While acknowledging that “love is blind,” the 67-year-old, who lives in Jakarta and is married to a Muslim man, also warns that the journey together will not be a simple one.
“Think and think again and be ready for all the risks,” she warned.
— The writer is an intern at The Jakarta Post.