Nikah Murtad Dalam Perspektif Fiqih Dan Hukum Positif Di Indonesia

Abstract

This paper discusses the legal status of marriage if one of the married couples apostatizes from Islam, with a comparative approach between the fiqh of the four schools (Hanafi, Maliki, Shafi'i, and Hambali) and positive law of Indonesia (Law No. 1 of 1974 and the Compilation of Islamic Law). The research in this paper uses library research. The study found that classical fiqh generally declares marriages to be void due to apostasy, while Indonesia's positive law still requires a court ruling. This study is important considering the diversity of legal systems that apply in Indonesian Muslim society.