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All Journal Jurnal Hukum Saraswati
Efita Nurhidayati
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Law, Crime, Criminology & Criminal Justice

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PERSPEKTIF MURTAD DALAM PERKAWINAN MENURUT HUKUM POSITIF ISLAM DAN FIKIH 4 IMAM MAZHAB Efita Nurhidayati; Miftakhul Huda
Jurnal Hukum Saraswati Vol 7 No 02 (2025): Jurnal Hukum Saraswati
Publisher : Faculty of Law, Mahasaraswati University, Denpasar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36733/jhshs.v7i02.12702

Abstract

Apostasy before marriage only has an impact on the perpetrator, while apostasy in marriage has an impact on the family. Article 116 letter h of the Compilation of Islamic Law regarding apostasy in marriage is weak, so further discussion is needed. This research uses normative juridical methods with a statutory and conceptual approach, as well as primary, secondary, and tertiary data sources. The results of the study show a difference in perspective between Islamic positive law, namely Article 116 letter h of the Compilation of Islamic Law and Islamic jurisprudence related to apostasy in marriage, especially in terms of tolerance given. In addition, there is a conflict between similar articles and with conflicts with higher provisions
Co-Authors Miftakhul Huda