Challenges of Family Fragility Among Muallaf An Analysis of Religious Court Decisions in Indonesia

2025-02-13T17:27:41+08:00

The marriage between individuals of different religions continues to emerge in Indonesia. Some of them convert to Islam (become Muslim) in order to have their marriage officially registered at the Religious Affairs Office (KUA), making their marriage valid. However, the reality of living a married life based on religious differences before marriage is at risk due to various crucial factors that the couple already faced prior to converting to Islam. This study aims to further elaborate on the fragility of the families of converts through an analysis of court rulings from Indonesian Religious Courts. These rulings are analyzed based on the reasons for divorce in cases from various Religious Courts, examining the judges' legal considerations and analyzing their decisions from the perspective of interfaith marriages. This normative legal research uses secondary data, consisting of primary legal materials from the rulings of Religious Courts obtained from the Supreme Court's decision directory. Additionally, secondary legal materials such as fiqh books, marriage regulations, and other related articles are also used. The findings of the study indicate that divorces occurring in these thousands of rulings were caused by non-Muslim partners reverting to their previous religion (apostasy). In these cases, judges granted divorce petitions due to the conversion from Islam to another religion (apostasy), which became one of the grounds for marriage dissolution (fasakh). From this perspective, it can be concluded that the fundamental principle in Indonesian marriage regulations, which only accepts marriages between individuals of the same religion, is aimed at ensuring the creation of intact, strong, and solid families, built on a foundation of the same religion from before marriage.

Parental Responsibility for Children Placed in the Aisyiyah Orphanage Batusangkar Branch A Review of Islamic Family Law

2025-05-12T10:58:19+08:00

This study explores the responsibilities of parents toward children placed in the Aisyiyah Orphanage, Batusangkar Branch, through the lens of Islamic Family Law. parents are obliged to provide for and raise their children even after divorce. The 1974 Indonesian Marriage Law (Articles 45 and 41) mandates that both parents are responsible for their children’s welfare until they are self-sufficient or married. However, the reality on the ground often shows a significant gap between legal expectations and practical implementation, particularly in cases involving divorce, poverty, or remarriage. The research focuses on three issues: the reasons why parents put their children, the obstacles for parents to put their children, and the responsibility of parents for children who are put in the Aisyiyah Orphanage Batusangkar Branch. This study Used qualitative field research with a descriptive approach, data were gathered through interviews and documentation involving parents, children, and orphanage administrators. The results showed that people who put their children in orphanages had 5 reasons, namely: so that children are in a safe environment, biological fathers are reluctant to care for their children, mothers are unable to educate their children, to continue their children's education, get guidance from caregivers and administrators. There are 3 obstacles for parents to put their children in the Aisyiyah Branch Batusangkar orphanage, namely: not being fully supported by their biological father, the lack of income of parents, parents being unable to provide maintenance. For the responsibilities of parents towards children in orphanages according to the results of interviews found by researchers that there are 8 respondents who carry out their responsibilities as parents but not fully, while 2 foster children do not accept the responsibilities of parents.

El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law

Challenges of Family Fragility Among Muallaf An Analysis of Religious Court Decisions in Indonesia

Parental Responsibility for Children Placed in the Aisyiyah Orphanage Batusangkar Branch A Review of Islamic Family Law