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1、外文文献翻译译文外文文献翻译译文外文原文外文原文Indonesia:Indonesia: Inter-ReligiousInter-Religious MarriageMarriageThe 1974 Marriage Law applies to all Indonesian citizens, regardless of religion. Prior to the passage of the 1974 Marriage Law there were different laws in place for citizens of European or Chinese origin an
2、d for Indonesian Christians, while the Muslim population was “subject to unwritten customary ( adat ) law and to Moslem religious law.” The key purposes of the reform of marriage laws were “the development of codification and uniformity in Indonesias legal system and the improvement of womens positi
3、on.”A.A. WordingWording andand InterpretationInterpretationArticle 2(1) of the 1974 Marriage Law provides that “a marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.” This is emphasized in the implementing regulatio
4、ns, which require that “the marriage ceremony shall be performed according to the laws of the respective religion and faith.” The 1974 Marriage Law also requires that every marriage must be “registered according to the regulations of the legislation in force.” The implementing regulations state that
5、 non-Muslim marriages must be registered with the Civil Registry Office following the religious ceremony, while Muslim marriages must be registered with the local Office of Religious Affairs.These provisions have been interpreted as prohibiting marriage between people of different religions. This is
6、 because, in order for a marriage to be registered, a marriage ceremony must be conducted in accordance with a recognized religion, and in most cases at least one of the parties will adhere to a religion that does not allow a person to marry someone of a different faith. However, as the 1974 Marriag
7、e Law does not explicitly forbid or allow marriage between people of different religions, there is considerable debate regarding its interpretation and application. For example, an alternative interpretation to an absolute prohibition is that Article 2(1) only states that marriage must be conducted
8、according to religious law and, therefore “if, according to the religious law, there is no hindrance to the marriage, the marriage can take place.”Separate from the 1974 Marriage Law, a “Compilation of Islamic Laws in Indonesia” published by the government in 1997 sets out the elements that must be
9、satisfied in order for marriages to be conducted according to the Muslim faith. Article 40A(c) of this Compilation prohibits a Muslim man from marrying a non-Muslim woman, and Article 44 prohibits a Muslim woman from marrying a non-Muslim man. Article 4 confirms that “marriage is legal when it is do
10、ne based on the Islamic Law under Article 2 Verse 1 Law no. 1 of 1974 re Marriage.”In terms of official recognition of inter-religious marriages, in 1983 a Presidential Decision instructed the Civil Registry to refuse to formalize marriages involving Muslims, and in 1984 the Ministry of Religion iss
11、ued guidance to marriage registry officials at the Office of Religious Affairs stating they could only register marriages between Muslims.B.B. CourtCourt DecisionsDecisionsThe 1974 Marriage Law repealed relevant colonial regulations only to the extent that they were inconsistent with it. Previously,
12、 an 1898 regulation that expressly allowed marriage between parties of different religions had been upheld by the Indonesian courts, despite Muslims generally believing that inter-religious marriages were against Islamic law. Even following the passage of the 1974 Marriage Law, the courts continued
13、to hold that the 1898 regulation applied because the new Law did not explicitly cover inter-religious marriages. However, a 1989 decision of the Indonesian Supreme Court found that this regulation was no longer applicable.The case involved a marriage between a Muslim woman and a Protestant man. Offi
14、cials at the Office of Religious Affairs had refused to formalize the marriage because the marriage did not accord with Islamic law due to the man not being Muslim. The marriage also could not be registered at the Civil Registry Office because the woman was Muslim.The Supreme Court held that “the Ma
15、rriage Law did not regulate marriages between partners of different religions.”，In essence, the Court considered that “there was a legal vacuum, which made a clear decision on the matter of interfaith marriage impossible.” The Court did find a legal basis for the marriage to be formalized, holding t
16、hat because the couple had sought to register their marriage with the Civil Registry Office the woman must not have wished to marry in accordance with Islam, and had therefore essentially abandoned her religion. The Court held that the couple could therefore register their marriage at the Civil Registry Office as it was a non-Muslim marriage.C.C. PracticalPractical ImpactImpactOne commentator states that, as a consequence of the 1898 regulation being found to be no longer applicabl
