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All Journal Formosa Journal of Multidisciplinary Research (FJMR)
Haeratun Haeratun
University of Mataram
Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Social Sciences

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Riddah and Its Legal Effects According to the Perspective of Islamic Law and Law No. 1 Year 1974 to Law No. 16 of 2019 Concerning Marriage Haeratun Haeratun
Formosa Journal of Multidisciplinary Research Vol. 4 No. 5 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjmr.v4i5.215

Abstract

This study examines the legal implications of apostasy (riddah) in the context of Islamic law and Indonesian positive law, particularly focusing on Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage. Apostasy is a sensitive issue that impacts not only personal faith but also the legal validity of marital relationships and the legitimacy of offspring within the Islamic legal framework. Through a normative legal research method employing a statutory, conceptual, and comparative approach, this paper reveals that apostasy leads to the automatic dissolution (fasakh) of marriage under Islamic law. In contrast, Indonesian national law considers marriage valid until a court issues a divorce ruling, regardless of apostasy. This discrepancy creates legal ambiguities, especially concerning children's status, inheritance rights, and guardianship. The research concludes with recommendations for legal reforms to harmonize Islamic legal doctrine and Indonesian marriage law, ensuring clarity and legal certainty in apostasy-related divorce cases.
Elopement in Lombok and Its Legal Consequences from the Perspective of Customary Law, Marriage Law, and Islamic Law Haeratun Haeratun
Formosa Journal of Multidisciplinary Research Vol. 4 No. 7 (2025): July 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjmr.v4i7.332

Abstract

This study examines the phenomenon of elopement, or merariq, as practiced by the Sasak people in Lombok, Indonesia, and analyzes its legal implications from the perspectives of customary law, national marriage law, and Islamic law. While culturally regarded as a traditional form of courtship, merariq often clashes with formal legal standards, particularly when carried out without parental consent, guardian approval, or official registration. The research highlights how such practices can lead to social conflict, loss of legal rights for women and children, and potential violations of criminal and human rights law. Using a normative juridical approach, this study finds that although merariq carries deep cultural significance, it must be harmonized with national and religious legal systems to ensure the protection of individual rights, especially for women and minors.
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