%A NIM.: 21203012119 Alfi Wahyu Zahara, S.H
%O Pembimbing: Prof. Dr. Euis Nurlaelawati, M.A.
%T KETENTUAN RIDDAH DAN DAMPAK DALAM HUKUM KELUARGA DI INDONESIA DAN MALAYSIA
%X Marriage riddah can occur in society and often causes various household problems. This is a serious religious act and can disturb family and descendant harmony. Indonesia and Malaysia are countries with a majority of Muslims and Shafi'i madzhab, but researchers found differences and similarities in the provisions of riddah and the impact that occurs due to riddah. Therefore, the researcher will describe the main problems that will be discussed in this thesis, namely: What are the legal provisions of riddah in marriage in Indonesia and Malaysia? What is the impact of riddah law in marriage in Indonesia and Malaysia? What are the values contained in the legal provisions of riddah in Indonesia and Malaysia?
This study used a normative juridical approach. The data used in this study are in the form of primary legal materials and secondary legal materials. Primary legal material is obtained from laws and regulations in Indonesia and Malaysia relevant to the Islamic family in relation to riddah consisting of Law No. 1 of 1974 on marriage and the Compilation of Islamic Law Presidential Instruction No. 1 of 1991, Sharia Law of Malaysia and its 13 states. The data obtained in the laws and regulations will be analyzed to see the similarities and differences related to the law of riddah in marriage. This data will be strengthened by secondary legal materials obtained in relevant scientific papers related to riddah provisions in Indonesia and Malaysia. This data will be presented with comparative analytical descriptive analysis.
This study concludes that: First, riddah in Indonesian regulations is not considered a criminal offense but has an impact on marriage, while the laws and regulations in Malaysia riddah get sanctions in the form of fines, rehabilitation and social sanctions. Second, through the Compilation of Islamic Law (KHI) does not view riddah as the cause of the annulment of marriage, riddah is the reason for divorce if riddah causes disharmony between husband and wife. This means that as long as there is no filing in the Religious Court, marital status is still considered valid. While in Malaysia riddah can be used as a factor in the breakup of marriage and must be filed in a sharia court. While in granting custody to children if one of the riddah is given to a Muslim guardian, and in granting his inheritance rights if he converts or riddah does not get inheritance but can be in the form of grants or gifts through mandatory wills. Third, there are values of religious freedom on the impact of riddah related to divorce and child custody in Indonesia and religious protection on Indonesian inheritance rights. While in Malaysia is very concerned about Islamic religious provisions on marriage, custody and inheritance for riddah perpetrators.
%K Riddah, Perkawinan, Hak Asuh Anak, Hak Waris
%D 2023
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib63289