JURNAL ILMIAH LIVING LAW
Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law

Post-Marriage Religious Conversion From The Perceptive of Legal System Theory and Sadd Al-Dariah

Pudoli Sandra (Sekolah Tinggi Ilmu Hukum Jenderal Sudirman Lumajang)
Asir (Sekolah Tinggi Ilmu Hukum Jenderal Sudirman Lumajang)
Muhammad Agus Sifullah (Sekolah Tinggi Ilmu Hukum Jenderal Sudirman Lumajang)
Jati Nugroho (Sekolah Tinggi Ilmu Hukum Jenderal Sudirman Lumajang)
Dwi Sriantini (Sekolah Tinggi Ilmu Hukum Jenderal Sudirman Lumajang)



Article Info

Publish Date
25 Aug 2026

Abstract

The Postmarital religious conversion is a common phenomenon in pluralistic societies, particularly in the context of family law in Indonesia. Conceptually, postmarital religious conversion raises legal issues because it relates to the validity of the marriage, the legal status of the parties, and the implications for rights and obligations within the household. From a legal systems theory perspective, this phenomenon demonstrates a lack of synchronicity between legal substance, legal structure, and legal culture. Meanwhile, from a sadd al-dari'ah perspective, postmarital religious conversion can be viewed as an act that has the potential to lead to harm, necessitating an examination of its limitations and implications. This research employs a normative legal research method with both a statutory and conceptual approach. The legal materials used include primary legal materials such as laws and regulations related to marriage and religious freedom, as well as secondary legal materials in the form of literature, scientific journals, and expert opinions. The analysis was conducted qualitatively by examining the synchronization of positive legal norms with Islamic legal principles, particularly the theory of sadd al-dari'ah. The research results show that post-marital religious conversion creates a normative vacuum and disharmony in the legal system, particularly regarding the validity of marriage and legal protection for the parties. From a legal systems theory perspective, this reflects a suboptimal integration between the structure, substance, and culture of law. Meanwhile, from a sadd al-dari'ah perspective, post-marital religious conversion tends to be restricted if it causes potential harm, such as family conflict, legal uncertainty, and violations of the objectives of sharia (maqasid al-shari'ah). Therefore, more comprehensive and harmonious regulations are needed to provide legal certainty while safeguarding the public interest.

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Journal Info

Abbrev

livinglaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and ...