NO MATTER THE RELIGION IS, THE MARRIAGE SHOULD BE VALID AND OFFICIALLY REGISTERED

Arovah Windiani

Abstract


Religiosity and authenticity principles are the basis of marriage in Indonesia as both are interrelated or indispensable. It is simply because marriage is considered a strong agreement between human beings and their God. Marriage that is validated by merely the religion without legal acknowledgement will cause a huge weakness in term of legal position for the parties involved and arosed later on. The identity of a person determines his or her legal position which determines the law that will apply to him and the basis of rights and obligations that he or she possesses. Religious and state law are a unity that must be obeyed (Q. 4:59) since there is no dichotomy between them. Building a family with authorized and official recognition is a strong capital base of a state because the family is the smallest unit of the state-building.


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