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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study aims to provide an in-depth explanation of the status and
validity of marriages conducted by non-Muslim couples after conversion to Islam,
particularly when one or both spouses embrace Islam. It also seeks to analyze the
Islamic laws regarding perspective on the continuity and validity of such
marriages, as well as the legal provisions applicable in Indonesia regarding
religious conversion within a marriage. Furthermore, this research examines the
compatibility between the principles of Islamic law and the legal practices
implemented in society regarding the status of marriage following religious
conversion.
This research employs a qualitative method with a normative juridical
approach. The study is conducted by examining of various legal sources, including
the Qur‟an, Hadith, opinions of Islamic jurists in the field of fiqh al-munakahat
(Islamic family law), and Indonesian legislation related to marriage. The approaches
utilized in this research include the conceptual approach, aimed at understanding
Islamic legal concepts concerning marriage and religious conversion, and the
statutory approach, which analyzes legal provisions contained in legislation and
judicial decisions related to the issue under discussion.

When one spouse converts to another religion during a marriage, the
marital status does not necessarily remain unchanged. From the perspective of
Islamic law, scholars hold differing opinions on this matter. Some maintain that the
marriage may continue for a certain period, particularly during the iddah period, if
there is a possibility that the other spouse will also embrace Islam. Others argue that
the marriage cannot be maintained if the spouses continue to adhere to different
religions. Meanwhile, in Indonesian legal practice, such matters are generally

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resolved through the Religious Court in order to provide legal certainty regarding
whether the marriage remains valid or should be terminated. This study concludes
that Islamic law provides mechanisms for resolving such issues by taking into
account the principles of public welfare (maslahah) and justice for all parties in
determining the validity and continuity of marriage following religious conversion.

67/PMH/2026

67/PMH/025

Perpustakaan FSH Lantai 4

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