Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Vol 21 No 2 (2023): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Analisis Yuridis Putusan Hakim dalam Kasus Perceraian dengan Alasan Murtad

Rahmi, Nailur (Unknown)



Article Info

Publish Date
14 Dec 2023

Abstract

The compilation of Islamic law has already stipulated that apostasy can be one of the grounds for divorce. However, in 2012, the Supreme Court of the Republic of Indonesia affirmed the decision of the Semarang Religious Court, which granted a divorce to a married couple, one of whom had apostatized. This affirmation was based not solely on proving continuous irreconcilable disputes but also disregarded the fact of the wife's apostasy. This article aims to provide an analysis of the case, emphasizing that the Supreme Court's decision could serve as jurisprudence for subsequent judicial rulings. The research employs a judicial case study approach, utilizing data from the Semarang Religious Court's decision Number 1449/Pdt.G/2011/PA.Sm, the Semarang Religious High Court's decision Number 043/Pdt.G/2012/PTA.Smg, and the Supreme Court's decision Number 742 K/AG/2012. The study indicates that the Supreme Court's affirmation of the Religious Court's decision is not a contradiction to the norms outlined in the Compilation of Islamic Law or Islamic jurisprudence. Rather, it aims to ensure the fulfillment of women's rights during and after the divorce process, such as past livelihood, mut'ah, and iddah allowances.

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Journal Info

Abbrev

alqisthu

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum is a peer-reviewed scientific open access journal. The subject covers textual and fieldwork studies with various perspectives of law, philosophy, mysticism, history, art, theology, and many more. In the beginning the journal only served as a scholarly forum ...