CD Skripsi

Perbandingan Hukum Perceraian Akibat Peralihan Agama (Murtad) Dalam Perspektif Hukum Islam Dan Undang-Undang Perkawinan

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Divorce is the dissolution of a marriage based on the order of a judge or what is known as the demands of one of the parties during the marriage. The Marriage Law does not regulate divorce due to changing religions, but Article 116 letter (h) of the Compilation of Islamic Law states that apostasy is one of the reasons for divorce, while Islamic law states that if one of the parties apostates, the marriage is annulled. This creates confusion among society regarding how to deal with the problem of marriages breaking up due to religious conversion/apostasy. The aim of this research is to review the legal position of divorce due to conversion (apostasy) in Islamic law and the Marriage Law as well as the considerations of the panel of judges in deciding divorce cases number 686/Pdt.G/2021/Tgrs and number 104/Pdt. G/2022/PA.Pkc due to religious conversion (apostasy). This research is a normative legal/literature research using a legal comparison method between two divorce case decisions where the main reason is the same, namely one of the parties changed religion/apostasy. This research uses secondary data sources originating from books, journals and previous research.
Based on the results of this study, the legal status of a marriage if one party changes religion or apostasy, then the marriage becomes fasakh (void), but if the apostasy does not cause a dispute between the two and is not or has not been submitted to the court, so that the court has not decided on it, then their marriage is still considered valid and valid in Indonesia. There are differences in the legal basis used by the judge in case number 686 / Pdt.G / 2022 / PA.Tgrs and number 104 / Pdt.G / 2022 / PA.Pkc even though they have the same main reason for divorce, namely due to conversion / apostasy.
Keywords : Comparison, Divorce, Judge's Decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909112793

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909112793

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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