MAQASHID SYARIAH SUPREME COURT CIRCULAR REGULATION NUMBER 2 OF 2023 CONCERNING THE PROHIBITION OF INTER-RELIGIOUS MARRIAGE

Abstract

Purpose Study aiming for discuss marriage different religions seen from  perspective maqashid sharia.

Design/methods/approach Research method use study bibliography. Data validation using triangulation researcher with method compare results research that has been conducted by researchers previous . The data analysis method uses analysis interactive.

Findings Based on maqashid Syariah, then Supreme Court Circular (SCC) Number 2 of 2023 is in line with with objective the main principles of Sharia are For guard religion, lineage and wealth . If studied with approach maqashid sharia, then phenomenon marriage different religion more Lots contain side negative than side positive thing​ This threaten affairs necessities  especially in protection of religion, lineage and property.

Research implications/limitations  Aspect religion, descent and property need guarded so that life wedding still awake and impactful Good to couple and children his descendants. For that, SCC regulation Number 2 of 2023 does not contradictory with concepts maqashid sharia.

Originality/value SCC Number 2 of 2023 only tie to the judge at the time to cut off case marriage different religions, so Still not enough effective as effort prevent marriage different religions, because in a way SCC hierarchy is under​ Constitution Number 23 of 2006 concerning Administration Population.