Status Hukum Perkawinan Setelah Salah Satu Pihak Berpindah Agama Ditinjau Dari Undang – Undang No 1 Tahun 1974 Dan Hukum Islam

Indo, Whilyan (2019) Status Hukum Perkawinan Setelah Salah Satu Pihak Berpindah Agama Ditinjau Dari Undang – Undang No 1 Tahun 1974 Dan Hukum Islam. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

Indonesian state guarantees freedom of religion for its inhabitants, namely Article 29 of the 1945 Constitution. Marriage is an activity that generally will be related to a goal to be achieved by the individual concerned. The purpose of marriage is to form a happy and forever family based on the Almighty God. According to constitusion number of 1 of 1974 a new marriage can be broken, if the court has decided through a court hearing accompanied by the reasons set out in article 19 of PP No.9 of 1975, so that if one of the husband and wife leaves the religion of Islam (apostasy), and the apostasy has not or has not been submitted to a court, and the court has not yet decided it, so their marriage is still considered valid and valid. While the legal consequences of marriages that end on the grounds of converting according to the Compilation of Islamic Law (KHI) and constitution number 1 of 1974 are the same as divorce for other reasons. Therefore, interfaith marriages are illegitimate marriages according to the marriage law. In the view of Islamic jurists, if at a marriage, one of the parties from a husband or wife converts, then the marriage becomes null and void and both must be immediately separated, or in other words the conversion of one of the parties from the husband and wife results in the breaking / breaking of the marriage ties for the sake of law that is Islamic constitutions.

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