Implikasi Hukum Riddah Orang Tua Dalam Penentuan Wali Nikah Anak Menurut Kompilasi Hukum Islam Dan Fiqh Empat Madzhab

Hasan, Agung Arif Yuni and , Dr. Sudarno Shobron, M.Ag and , Dr. Imron Rosyadi M.Ag (2020) Implikasi Hukum Riddah Orang Tua Dalam Penentuan Wali Nikah Anak Menurut Kompilasi Hukum Islam Dan Fiqh Empat Madzhab. Thesis thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The Office of Religious Affairs (KUA), which has the authority to record moslem marriages, is often faced with the fact that there are religious differences between the parents of the bride, which does not rule out the possibility of apostasy. With religious differences between husband and wife, not a few of them lived in one house at one address.The head of the KUA / Penghulu has the duty to ensure that marriages registered at the KUA have met religious requirements including in determining the guardian of marriage. This study aims to determine how the provisions of the Compilation of Islamic Law (KHI) and the four schools of fiqh (Hanafi, Syafi'i, Hanbali and Maliki) are related to the effect of the law of apostasy behavior on marital status, which leads to how to determine the guardian of marriage for children born from interfaith couples. The study was conducted by observing data relating to the subject matter contained in books, articles, journals and other written works, and by examining marriage records and documents at KUA. Interviews were conducted with the head of the KUA to obtain information on the method of examination and registration of marriages at the KUA. According to KHI, the cancellation of marriage for apostasy applies when a marriage cancellation is submitted to the Religious Court (PA), while the madzhab priests are of the opinion that apostasy causes the marriage to be canceled even though there are different opinions on when the cancellation will take effect. The conclusion regarding the cancellation of the marriage due to apostasy has implications for the continuation of the lineage (nasab) of the child born in the marriage of an apostate spouse, so that according to the KHI, the child continues as long as there is no application for cancellation of the marriage to the Religious Court, while according to the Imam's jurisprudence four schools, children only has a nasab to the mother. The determination of the guardian of marriage is based on the conclusion of the nasab. The results of research at 3 KUA in Boyolali show that the marriage registration documents have not shown a correlation between apostasy behavior of parents in determining marriage guardians. Marriage data and documents stored at the KUA do not explain in detail whether or not the parents / guardians have changed religions. Pre-marital examination procedures that have not been implemented optimally are also an obstacle in examining the history of religious conversion. In this condition, there is a tendency for the head of the KUA to prioritize the provisions of Religion (Fiqh law) in determining the guardian of marriage, even though the documents do not confirm it. Keywords: Apostasy, marital status, marriage guardians

Item Type: Karya ilmiah (Thesis)
Uncontrolled Keywords: Murtad, Riddah, Anak Sah, Wali Nikah
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
Divisions: Fakultas Agama Islam > Hukum Ekonomi Syariah (HES)
Depositing User: AGUNG ARIF YUNI H
Date Deposited: 16 Oct 2020 01:37
Last Modified: 16 Oct 2020 01:37
URI: http://eprints.ums.ac.id/id/eprint/86245

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