PUTUSNYA PERKAWINAN KARENA MURTAD (Telaah Kritis Terhadap pasal 116 huruf “h” Kompilasi Hukum Islam)
Abstract
According to fiqh, husband or wife’s appostation (murtad) becomes the marriage fasid (imperfect), void by law, while according to Compilation of Islamic Law article 116 letter “H”, “murtad that makes unharmonious in the household” is one of reason for divorce. The word murtad it self should be enough to be a reason without any sentence “that makes unharmonious in the household.”. It is according to article 40 and 44 KHI (Compilation of Islamic Law) that forbidding interfaith marriage.
Moraref