Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Setyaki : Jurnal Studi Keagamaan Islam Syamil: Jurnal Pendidikan dan Pemikiran Islam
Deris Arista Saputra
Universiti Sultan Azlan Shah, Malaysia
Religion

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Implikasi Murtad terhadap Keabsahan Perkawinan: Analisis Komparatif Empat Mazhab Deris Arista Saputra; Zul-kifli Hussin
Syamil: Jurnal Pendidikan dan Pemikiran Islam Vol. 3 No. 1 (2026): Jurnal Syamil
Publisher : Yayasan Syamil Quran Nunukan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65490/syamil-jpdpi.v3i1.55

Abstract

This study examines the implications of apostasy on the validity of marriage from the perspective of the four major schools of Islamic jurisprudence, in light of the increasing number of religious conversion cases that raise family law issues in Indonesia. The aim of this research is to comparatively analyze the views of the Hanafi, Maliki, Shafi‘i, and Hanbali schools regarding the legal status of marriage after apostasy and its relevance within the context of national family law. The method employed is a Narrative Literature Review with a qualitative approach based on content analysis of classical fiqh literature and contemporary academic studies. The findings indicate fundamental differences among the schools in interpreting the validity of marriage and its legal implications; however, Indonesian Islamic law tends to adopt the principle of maslahah to uphold family justice and the protection of children.
The Lineage Status of Children Born Out of Wedlock: A Comparative Analysis of Islamic Jurisprudence and Indonesian Law Deris Arista Saputra; Zul-kifli Hussin
SETYAKI : Jurnal Studi Keagamaan Islam Vol. 3 No. 3 (2025): AGUSTUS
Publisher : CV Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/setyaki.v3i3.2116

Abstract

The purpose of this study is to examine the legal status of children born out of wedlock by comparing the concept of lineage (nasab) in classical Islamic jurisprudence with its interpretation under Indonesian law. The issue is complex, situated at the intersection of religious doctrine, state law, and human rights. In Islamic legal tradition, lineage is established only through a valid marriage (nikah sahih), with children born outside marriage attributed solely to the mother in order to preserve the sanctity of marriage and the clarity of descent. By contrast, Indonesia’s legal framework experienced a significant transformation following Constitutional Court Decision No. 46/PUU-VIII/2010, which amended the Civil Code and the 1974 Marriage Law. The ruling allows children born outside marriage to establish a civil relationship with their biological father if paternity is proven through scientific evidence or acknowledgment. This judicial interpretation diverges sharply from the Compilation of Islamic Law (KHI), which continues to uphold classical fiqh principles. Employing a doctrinal and comparative legal methodology, this study analyzes primary sources including the Qur’an, Hadith, classical fiqh, the Indonesian Constitution, statutory law, the KHI, and the Constitutional Court’s ruling alongside relevant secondary literature. The findings reveal a persistent tension between Islamic law, which confines legitimate paternity to marital bonds, and Indonesia’s evolving legal orientation toward the protection of children’s rights and identity. This duality generates legal uncertainty and underscores the need for harmonization between religious and state frameworks. The paper concludes that a more integrative legal approach is required—one that reconciles Islamic principles with the universal imperative to safeguard every child’s rights and welfare, regardless of birth circumstances.
Co-Authors Zul-kifli Hussin