Analisa Hukum Perihal Murtad Sebagai Alasan Putusnya Perkawinan

Abstract

The problem of regarding the breakup of marriages that is motivated by the apostasy of one of the couples still occurs. The regulations regarding apostates are not clearly regulated, only in KHI regulation regarding apostates as a reason for the breakdown of marriage is regulated by a condition if there is a lack of harmony in the family due to apostates. So this gives an understanding that when apostasy does not impact anything on domestic life, marriage can still be continued even though between husband and wife already have different beliefs. Legal uncertainty arises when the marriage of two people besides Islam, one of which is to change religion, is different from Muslims in Indonesia who have KHI in their guidelines regarding apostates. This type of research is a normative juridical legal research, namely by literature study, finding legal material which is then collected to get an analysis by interpreting the contents of the legislation into the existing problems. Murtad is something that does not meet the requirements of marriage in Islam, if in domestic life one of the husband or wife of apostate or out of Islam, the requirements of the marriage become damaged or fasakh automatically or null and void Both were punished by adultery. The legal consequences of the apostasy case are regulated in the compilation of Islamic law in the chapter of marriage cancellation, namely Article 75 letter a and in the reasons of divorce Article 116 letter h regarding the apostasy of someone during the marriage period is not mentioned in Law Number 16 of 2019 Amendment to Law Number 1 Year 1974 Regarding apostates only mentioned in Presidential Instruction No. 1 of 1999 Compilation of Islamic Law in Articles 75 and 116 in which the two articles say that Murtad can occur marriage and marriage breakdown