Inter-religious marriage defended

Inter-religious marriage defended

Dewi Santoso, The Jakarta Post, Jakarta

Over the last three decades, marriages between couples of
different religions have generally sparked controversy as the
state does not recognize inter-religious marriage.

A graphic designer with a foreign advertising company said he
"converted" to Islam and the next day his Muslim girlfriend took
an oath before a priest in a Catholic church to officiate their
marriage.

They said they deliberately followed both Islamic and Catholic
rituals as a compromise and in order to respect each other's
beliefs, which is generally thought to be unacceptable from a
religious point of view.

Since then, both have practiced their respective religions.

Activist Zoemrotin K. Susilo said the Law No. 1/1974 on
marriage was a violation of the freedom of religion and belief --
which has been recognized as a basic human right -- for
preventing people from obtaining legal status for inter-religious
marriages.

The law stipulates that the state legalizes only marriages
between people of the same religion, conducted according to their
religion. This means that a couple of different religions have to
pick which religious ritual they will follow in order to obtain a
legal marriage.

The state currently acknowledges six major religions and
beliefs: Islam, Catholicism, Protestantism, Hinduism, Buddhism
and Confucianism, although in reality there are many traditional
beliefs.

"This is unfair. The law is against the right to freedom of
religion and belief," Zoemrotin, who is also a member of the
National Commission on Human Rights, told The Jakarta Post on
Thursday.

She said the law did not matter to those who could afford to
get married abroad. But those who could not, would not be listed
with the civil registration office.

"As a result, their children will be considered to be born out
of wedlock," she said.

A lecturer at the University of Indonesia (UI), Harkristuti
Harkrisnowo, agreed with Zoemrotin, saying the law had resulted
in hypocrisy as people were prone to seeking formality.

"People are only looking for a legal marriage when they decide
to follow the rituals of a certain religion. After the ceremony
they practice their religions of choice," said Harkristuti.

Harkristuti also said that children and women were most
affected by the law.

"Children born out of an inter-religious marriage are
considered illegal, thus, they have no legal right to inherit
their parents' wealth," said Harkristuti, who teaches at UI's
school of law.

The law also prevents women from getting alimony should they
divorce.

"Thus, in most cases, people formally change their religions
only to obtain a legal marriage, so that women will receive
financial support from their spouses and their children will
secure their rights," she told the Post.

Women activists' outcry for justice and gender equality has
forced the House of Representatives Commission VI on education
and religious affairs to propose a revision of the law.

"It has now been included in our plan, however, we do not
classify it as urgent," said Chodidjah H.M. Saleh, a member of
the House commission.

The government is also drafting a bill on religious courts
concerning marital affairs, which will enhance the ban of inter-
religious marriage.

Activists from the Indonesian Conference on Religion and Peace
(ICRP) and the Society for Inter-Religious Dialogue joined the
chorus of criticism against the prohibition of marriage between
people of different religions.

"It is such an irony that the state pays so much attention to
regulating the private lives of its citizens -- religious affairs
in particular -- but fails to address more urgent issues such as
corruption, which is still so rampant," said Lies Marcoes-Natsir,
the Asia Foundation's program officer for Islam and civil society
affairs.

Key articles:

Article 2: A marriage is legal if it is conducted according to
the joint religion or belief of a couple.

Article 34 (1): A husband is obliged to protect his wife and
provide daily household needs.

Article 34 (2): A wife is obliged to administer household
affairs.

Article 42: A child obtains his/her legal status when he/she
was born of a legal marriage.

Article 43: A child born out of wedlock has a relationship
only with his/her mother, and his/her legal rights are determined
by a government regulation.

Source: Law No. 1/1974 on marriage