Implikasi Perpindahan Agama Terhadap Status Perkawinan

Penulis : Darmiko Suhendra, M. Ag | Diposting oleh Administrator | 25 April 2015

Apostasy is a legal act which has consequences on the lives of Muslim muamalah, including related to the survival of a marriage bond. In this case the scholars of fiqh schools have different ideas with each other. According Hanafiyyah School Scholars, related to apostasy law due to marital status, they distinguish between apostasy committed by a wife with apostate conducted by a husband. They argue that apostasy is committed by a husband will directly result in furqah. Such opinion is based on the basic principle that a Muslim woman is not lawful marriage to a pagan man, while a man or a husband who is an apostate, then he has become an infidel. Due apostasy committed by a husband, then the wife should be separated from it without having to wait for a decision from the judge. According Syafi'iyyah School Scholars associated with this apostasy issue that he has made a provision based on the time it does riddah, whether made before or after dukhul. The School Scholars distinguish Malikiyyah legal consequences associated with marital status lapsed based on the culprit, wife or husband. If the apostate husband, then apostasy is directly the cause of the fall of the divorce. While Hanabilah School Scholars in matters related to the legal consequences of apostasy marital status also makes provision riddah time basis. If husband and wife or one of them lapsed before dukhul, then it results in fasakh directly. This provision is based as illegitimate marriage between two people of different religions, or because women are forbidden to marry Muslim men infidels.

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