Divorce Due to Apostasy: A Case Study of Religious Court Decisions and Their Implications in Civil Law and Islamic Law

Abstract

This study aims to analyze the legal considerations of judges in divorce cases due to apostasy and its consistency with the principles of substantive and constitutional justice. The research method used is normative juridical with a comparative approach to decisions. Data were collected through document study of a number of religious court decisions handling divorce cases due to change of religion (apostasy). The results show that there are variations in the legal basis used by judges, both referring to the Compilation of Islamic Law and general civil law, which shows that there is no standardized interpretation standard. In terms of substantive justice considerations, some decisions have not fully considered aspects of human rights and constitutional protection, thus potentially causing injustice to one of the parties. These findings indicate the need for unification of jurisprudential guidelines or directives from the Supreme Court in order to create uniformity of legal practice within the religious courts. This research recommends an evaluation of the Compilation of Islamic Law and the formulation of legal policies that are more responsive to social and religious dynamics.