International Journal of Islamic Studies
Vol 3 No 1 (2023): June

An Investigation of The Judge's Ruling on Divorce Due to Apostasy at The Religious Court of South Jakarta, Class IA (Maslahat Perspective)

Farid Mar’ie Muhammad (Postgraduate of Alauddin State Islamic University of Makassar)
Sabri Samin (Lecturer of Sharia and Law Faculty, UIN Alauddin Makassar, Indonesia)
Hamsir Hamsir (Lecturer of Sharia and Law Faculty, UIN Alauddin Makassar, Indonesia)



Article Info

Publish Date
30 Jun 2023

Abstract

The main problem of this study is an investigation of the judge's ruling on divorce due to apostasy at the religious court of South Jakarta, class IA (maslahat perspective). This study used qualitative research obtained through field research with a juridical approach. The data sources in this study were judges and clerks at the religious court in South Jakarta. Data collection was carried out through observation, interviews, and documentation methods. Meanwhile, technique processing and analysis of the data were carried out in three stages, namely data reduction, data processing, data presentation, and drawing conclusions. This study showed that: 1) The decision of the judge at the religious court in South Jakarta about the revocation of the marriage of the parties with the excuse of apostasy can be understood as the result of the petitioner, who is apostate. So that he was no longer able to create a sakinah mawaddah wa rahmah family. This has to be done to provide legal certainty and benefits for those who adhere to the Islamic religion. 2) The judge's legal consideration mentioned that the divorce has met the requirements for a good reason. 3) Legal consequences of the judge's ruling on divorce based on the reasons for Article 116 in Compilation of Islamic Law (KHI) points (a) to (g) and based on the reasons for divorce, Article 19 of the Government Regulation of the Republic of Indonesia Number 9 of 1975 about the implementation of Law of the Republic of Indonesia Number 1 of 1974 about marriage. It states that a true divorce will only result in the legal consequences of the extinguished joint property, the husband's rights, the obligation to live together, and parental rights; then it will result in the right of guardianship.

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Journal Info

Abbrev

ijis

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The International Journal of Islamic Studies is a Journal of Islamic Studies managed by the Postgraduate Dirasah Islamiyah Study Program at UIN Alauddin Makassar. The scope of the study from this journal is Islamic Studies in various themes and objects of study which include Tafsir, Hadith, Sharia ...