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All Journal Jurnal CENDIKIA ISNU Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Afriansyah
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Riddah (apostasy) efforts in performing interfaith marriages Afriansyah; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1319

Abstract

The phenomenon of riddah or apostasy in the context of interfaith marriage in Indonesia poses significant legal and social complexity. A person's actions to leave religion to marry a follower of another religion raises questions related to the legality of marriage, the status of children, and social implications. Indonesia as a legal country upholds freedom of religion, but Law No. 1 of 1974 concerning Marriage requires religious conformity for couples, so the practice of riddah presents a tension between individual rights and religious norms. This study aims to analyze the efforts of riddah in interfaith marriage normatively, assess the legal, social, and moral consequences, and evaluate the harmonization between national law and fiqh principles. The research focus includes an analysis of the legal status of marriage, children's rights, and social implications for individuals and society. This research also provides normative guidance for law officials, religious leaders, and the community in handling cases of interfaith marriage that trigger riddah. The method used is normative with a descriptive qualitative approach. The analysis was carried out through the study of Islamic legal doctrines, laws and regulations, fatwas of the Indonesian Ulema Council, as well as legal and social literature related to interfaith marriage and apostasy. This approach allows the identification of legal dualism between the absolute norms of Islamic law and positive legal procedures, while assessing the social and moral implications of the phenomenon. The results of the analysis show that riddah for the sake of interfaith marriage causes legal uncertainty and potential for social conflict. Islamic law emphasizes the validity of faith as a valid condition for marriage, while national law requires religious suitability. The normative approach emphasizes the importance of harmonization between positive law, fiqh, and social norms to create legal certainty, moral protection, and social stability. The integration of norms is the main instrument in managing conflicts, guaranteeing individual rights, and maintaining justice in a pluralistic society.
Riddah (apostasy) efforts in performing interfaith marriages Afriansyah; Mhd Yadi Harahap
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1319

Abstract

The phenomenon of riddah or apostasy in the context of interfaith marriage in Indonesia poses significant legal and social complexity. A person's actions to leave religion to marry a follower of another religion raises questions related to the legality of marriage, the status of children, and social implications. Indonesia as a legal country upholds freedom of religion, but Law No. 1 of 1974 concerning Marriage requires religious conformity for couples, so the practice of riddah presents a tension between individual rights and religious norms. This study aims to analyze the efforts of riddah in interfaith marriage normatively, assess the legal, social, and moral consequences, and evaluate the harmonization between national law and fiqh principles. The research focus includes an analysis of the legal status of marriage, children's rights, and social implications for individuals and society. This research also provides normative guidance for law officials, religious leaders, and the community in handling cases of interfaith marriage that trigger riddah. The method used is normative with a descriptive qualitative approach. The analysis was carried out through the study of Islamic legal doctrines, laws and regulations, fatwas of the Indonesian Ulema Council, as well as legal and social literature related to interfaith marriage and apostasy. This approach allows the identification of legal dualism between the absolute norms of Islamic law and positive legal procedures, while assessing the social and moral implications of the phenomenon. The results of the analysis show that riddah for the sake of interfaith marriage causes legal uncertainty and potential for social conflict. Islamic law emphasizes the validity of faith as a valid condition for marriage, while national law requires religious suitability. The normative approach emphasizes the importance of harmonization between positive law, fiqh, and social norms to create legal certainty, moral protection, and social stability. The integration of norms is the main instrument in managing conflicts, guaranteeing individual rights, and maintaining justice in a pluralistic society.
Beyond Procedural Compliance: A Mediation Readiness and Continuity Model for Divorce Disputes in Indonesian Religious Courts Hisam Ahyani; Afriansyah
Jurnal Sahabat ISNU SU Vol. 3 No. 2 (2026): Vol.3 No.2 (2026): ISNU Sahabat September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i2.1949

Abstract

Mandatory court mediation is intended to create a genuine opportunity for settlement before a divorce dispute proceeds to adjudication. Procedural compliance, however, does not necessarily generate meaningful participation. This study examines the implementation barriers affecting divorce mediation at the Medan Religious Court and develops an institutional design responsive to party readiness. It applies an empirical legal approach and qualitative analysis to judge-mediator interviews, the Indonesian mediation framework, and recent scholarship on family dispute resolution. Four patterns emerge. Parties commonly enter mediation after conflict has become protracted and the decision to divorce has hardened; mediation is frequently perceived as a procedural formality; short sessions restrict exploration of underlying conflict; and success is too easily reduced to the binary question of marital reconciliation. The article proposes a Mediation Readiness and Continuity Model linking pre-court screening and legal education, differentiated court-connected mediation based on conflict intensity and readiness, and settlement continuity for post-divorce issues when reconciliation is unrealistic. The model shifts the institutional objective from formal completion of mediation toward meaningful participation, protection of vulnerable parties, partial settlement, and durable family dispute resolution. It provides a practical framework for strengthening mediation without converting the mediator into an adjudicator or making reconciliation compulsory.
Co-Authors Hisam Ahyani Mhd Yadi Harahap