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All Journal Multidisciplinary Indonesian Center Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Heri Firmansyah
State Islamic University of North Sumatra
Religion Humanities Earth & Planetary Sciences Education Other

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The Dualism of Reconciliation Law After Triple Talaq Outside the Court Nita Azita Zein; Imam Yazid; Heri Firmansyah
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 10, No 1 (2023): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v10i1.4964

Abstract

Revocation of divorce (ruju’) generally occurs after a husband's first or second pronouncement of divorce (talaq). However, after the third pronouncement (third talaq), Islamic jurisprudence (fiqh) prohibits revocation unless specific conditions are met. This study examines the legal dualism regarding rujuk after third talaq, especially when talaq is pronounced outside the Court. Unlike the four major fiqh schools, Indonesian law requires talaq to be declared in a Religious Court session, as stated in Article 5, Paragraph (1) of the Compilation of Islamic Law. This research aims to comprehensively understand the dualism of the reconciliation law after divorce that often occurs outside the Court. Using normative legal research with a qualitative approach, the findings suggest that Muslims should pronounce talaq and ruju’ in front of a Religious Court to comply with Indonesian law and ensure legal protection and administrative recording of marriage and divorce. The study recommends that the Religious Court consider talaq pronounced outside the Court if substantiated with witness testimony.
INTERFAITH MARRIAGE IN ISLAMIC FAMILY LAW: THE PERSPECTIVE OF CLASSICAL FIQH AND THE COMPILATION OF ISLAMIC LAW Sri Nurmalinda; Heri Firmansyah
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 3 (2026): Vol. 03 No. 3 Mei - Juli 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i3.2629

Abstract

Interfaith marriage is a classic yet ever-relevant issue in Islamic family law. This study aims to examine the legal status of interfaith marriage in Islamic family law through classical and contemporary fiqh perspectives, as well as its arrangement in the Compilation of Islamic Law (KHI) in Indonesia. The method used is normative legal research with statutory and conceptual approaches, referring to authoritative classical tafsir and fiqh works such as Jami' al-Bayan by al-Tabari, al-Jami' li Ahkam al-Qur'an by al-Qurtubi, Tafsir Ibn Kathir, al-Umm by Imam al-Shafi'i, and al-Mughni by Ibn Qudamah, as well as contemporary works such as Fiqh al-Sunnah by Sayyid Sabiq and the works of Wahbah al-Zuhaili and Yusuf al-Qaradawi. The findings indicate that classical jurists unanimously prohibit the marriage of a Muslim woman to a non-Muslim man and the marriage of a Muslim man to a polytheist (mushrik) woman, but differ regarding the marriage of a Muslim man to a woman of the People of the Book (Ahl al-Kitab). Meanwhile, the KHI takes a stricter stance by prohibiting all forms of interfaith marriage, in line with the principle of preventing harm (sadd al-dhari'ah) and the MUI Fatwa of 2005. This study concludes that the KHI represents a contextualization of fiqh adapted to the conditions of Indonesian society.
Co-Authors Imam Yazid Nita Azita Zein Sri Nurmalinda