STATUS HUKUM PERKAWINAN NONMUSLIM SETELAH MASUK ISLAM (STUDI PUTUSAN NOMOR 1543/PDT.G/2021/PA.STB DAN NOMOR 8/PDT.P/2022/PA.PKC)

Soraya Al Latifa, NIM.: 22203012036 (2024) STATUS HUKUM PERKAWINAN NONMUSLIM SETELAH MASUK ISLAM (STUDI PUTUSAN NOMOR 1543/PDT.G/2021/PA.STB DAN NOMOR 8/PDT.P/2022/PA.PKC). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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