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Journal : al-afkar journal for islamic studies

Apostasy as a Factor Causing the Dissolution of Marriage in the Compilation of Islamic Law: An Analysis from the Perspectives of Classical and Modern Texts Riadatul Muhimmah; Abdul Rozak; Izzul Mutho
al-Afkar, Journal For Islamic Studies Vol. 9 No. 1 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i1.2883

Abstract

In classical literature studies, when one spouse apostatizes, two types of rulings are made. The first ruling states that their marriage is immediately annulled, which is generally found in the books of the Hanafi and Maliki schools. The second ruling demands that the couple divorce, which is more commonly found in the books of the Shafi‘i and Hambali schools. Although these two opinions appear different, the general consensus in classical literature is that the marriage is considered dissolved (furqah). Modern legal texts tend to agree with the contents of these classical texts. In the Compilation of Islamic Law, there are two articles that regulate apostasy in the context of marriage, namely Article 75 and Article 116. Article 75 implicitly indicates that the act of apostasy results in the annulment of the marriage, but Article 70 does not mention apostasy as a reason for the annulment of marriage. Meanwhile, Article 116 does not list apostasy as a reason for divorce, except when there is discord within the household. This seems contradictory, considering the Explanation of the Compilation of Islamic Law mentions that the material on marriage law is sourced from 38 fiqh books, including 13 books from the Shafi‘i school. This research is a normative legal study with a conceptual approach. Based on the research conducted, the author concludes that Article 75, which implicitly states that apostasy causes the annulment of marriage, aligns with some classical and modern fiqh texts. However, Article 116, which regulates reasons for divorce, does not align with classical and modern fiqh texts, as in these books, apostasy as a reason for divorce does not require discord within the household.
Islamic Family Law Perspective on Children Under Ages Who Work to Support Family (Study in Pasar Banggi Village, Rembang District, Central Java Regency) Ibnu Aqil; Izzul Mutho`; Abdul Rozak; Muhammad Rizal Khoirul Umam
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.2983

Abstract

Many children under the age of 18 who have been actively involved in economic activities, become child laborers with the most dominant reason being economic pressure experienced by their parents or other factors. This study aims to determine the driving and underlying factors of children working as breadwinners for families in Pasar Banggi Village. As well as a review of Islamic family law on children as breadwinners for families in Pasar Banggi Village. This researcher uses qualitative methods, the data in this study were obtained from primary data and secondary data. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the general description of working underage children due to the large number of them who work in Pasar Banggi Village as fishermen, farm laborers or other jobs is due to the most dominant economic factor, while other factors are environmental factors, parental factors, self-will factor, and habit factor. In terms of Islamic Family Law, the age limit for children to work is not directly explained in Article 98 of the Compilation of Islamic Law paragraph (1) the age limit for children who are able to stand alone or as adults is 21 years, as long as the child is not physically disabled. or mentally or have never been married. Child labor should be avoided considering the harm is greater than the benefit. In Surah Al-Baqarah verse 233 it is explained because providing a living is obligatory for parents.