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Hendri Sayuti
Universitas Islam Negeri Sultan Syarif Kasim Riau, Indonesia
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Studi Analisis Pergeseran Nilai Mahar Perkawinan Menurut Wahbah Al-Zuhaili Fadilah Awaliyah; Jumni Nelli; Hendri Sayuti
Jurnal Syntax Admiration Vol. 5 No. 7 (2024): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v5i7.1391

Abstract

The objectives of this study To find out the forms of shifts in the value of marriage dowry in Indonesia. The type of research used in this study is library research, which is an effort to find and collect materials from book sources, research results and so on related to the research problem to be carried out, both in the form of an explanation of the research focus aspect (operational definition in qualitative terms), and to emphasize the position of the research to be carried out (standing position). As a result, there is a shift in the value of dowry in Indonesia, which was originally a symbol of love, affection, and respect for the future husband to the future wife. However, currently forms of dowry such as a glass of water, a cup of coffee, a bird, a crowbar, three chicken eggs, and flip-flops show a decline in value. An expensive gift that should be valuable, useful, and valuable becomes a gift that is worthless, has little benefit, and is not worth at all.
IMPLIKASI YURIDIS DAN TEOLOGIS PERPINDAHAN KEYAKINAN DALAM IKATAN PERKAWINAN : ANALISIS STATUS HUKUM PERKAWINAN PASCA MURTAD Muslih Muslih; Hendri Sayuti; Muhammad Valiyyul Haqq
Hukum Islam Vol 25 No 2 (2025): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.37472

Abstract

This study examines the juridical and theological implications of apostasy (conversion from Islam) within marital bonds in the Indonesian legal context through a comprehensive comparative analysis with international jurisprudence. The research aims to analyze the legal status of marriages post-apostasy by exploring the intersection between religious law principles, state legal provisions, and international human rights frameworks. Using a normative juridical approach with qualitative analysis, this study examines legal materials from 45 religious court decisions across five Indonesian provinces (2018-2023), statutory regulations, and comparative theological perspectives from scholars in the Netherlands, United Kingdom, Egypt, Turkey, and Malaysia. The findings reveal a complex legal dichotomy between theological principles that generally consider apostasy as automatically dissolving the marriage bond (fasakh) and the Indonesian positive law requiring formal judicial processes. This study identifies four distinct patterns in religious court decisions: immediate dissolution upon apostasy, conditional dissolution requiring a waiting period (iddah), maintaining the marriage's validity until formal divorce procedures, and a progressive maqasid-based approach that prioritizes human rights protection. The novelty of this research lies in its integrative framework that synthesizes classical Islamic jurisprudence with contemporary human rights discourse, demonstrating how religious courts negotiate between theological imperatives, constitutional protection of religious freedom, and emerging international standards. The research contributes to legal scholarship by proposing a reformulated legal framework based on maqasid al-shariah principles that balances religious authenticity with protection of civil rights, particularly for women and children affected by marriage dissolution due to religious conversion.
Co-Authors Fadilah Awaliyah Jumni Nelli Muhammad Valiyyul Haqq Muslih Muslih