%0 Thesis
%9 Masters
%A Soraya Al Latifa, NIM.: 22203012036
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2024
%F digilib:69324
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Status Hukum, Perkawinan Mualaf, Isbat Nikah, Maṣlahah
%P 174
%T STATUS HUKUM PERKAWINAN NONMUSLIM SETELAH MASUK ISLAM (STUDI PUTUSAN NOMOR 1543/PDT.G/2021/PA.STB DAN NOMOR 8/PDT.P/2022/PA.PKC)
%U https://digilib.uin-suka.ac.id/id/eprint/69324/
%X A marriage is considered valid if it is carried out in accordance with the  legal rules of each religion and belief and is registered in accordance with  applicable regulations. In marriage, based on the Compilation of Islamic Law, a  valid marriage is one that complies with Islamic law and in accordance with Law  no. 1 of 1974. If the marriage cannot be proven by a marriage certificate, the  legalization can be submitted to the court. Sometimes, a person's religion changes  from one religion to another, which results in different religious legal regulations  being applied. In the KHI and the Marriage Law, the provisions for non-Muslim  marriage after becoming a Muslim are not explicitly regulated. There are two  different court decisions, namely Number 1543/Pdt.G/2021/PA.Stb and Number  8/Pdt.P/2022/PA.Pkc.  The type of research carried out by the author is library research with a  descriptive analytical nature that uses a normative juridical research approach.  The data sources used in this research are the decision of the Stabat Religious Court  Number 1543/Pdt.G/2021PA.Stb and the decision of the Pangkalan Kerinci  Religious Court Number 8/Pdt.P/2022/PA.Pkc as primary legal material and the  secondary legal material is legislation -invitations, journals, books, theses or legal  articles related to research problems. Data collection carried out by researchers  was by document study and additional interviews, then the data obtained was  analyzed using qualitative analysis techniques and comparing the two decisions  with the theory of legal hermeneutics which included the judge's interpretation and  maslahah theory to achieve the goals of Islamic law (maqasid syari'ah ).  The difference between the decisions of the Stabat Religious Court and the  Pangkalan Kerinci Religious Court can be seen from the type of case and whether  there is a marriage tajdid in the petition. In the case of the isbat marriage of a  Muslim couple, the difference in opinion between the judges lies in how the judge  interprets the principles of Islamic personality. This principle of personality can be  seen based on the applicant's religion when the legal incident occurred and the  conditions when the applicant submitted the application to the Religious Court. The  difference in the judge's opinion is also influenced by the understanding of the  parties involved in the conversion of the husband and wife who applied for isbat,  such as the ustad or the foundation. Granting the isbat request of a convert couple  can confirm the convert's faith (hifz ad-din), maintain the mental and psychological  health of the family (hifz an-nafs), provide status for children (hifz an-nasl), provide  educational rights, especially for children (hifz al- 'aql), and maintaining the  family's economic rights (hifz al-mal). The existence of regulations regarding  marriage isbat is an effort to obtain legal certainty for unregistered marriages  which will also have an impact on the fulfillment of children's rights from the state.
%Z Dr. Sri Wahyuni, S.Ag., M.Ag., M.Hum