Cancellation of Marriage Due to Apostasy in Islamic Law and Human Rights: A Comparative Analysis of Indonesia and Malaysia
Open accessAbstract
The issue of apostasy, especially the annulment of marriage on the grounds of apostasy, is a highly intricate and contentious issue at the intersection of Islamic law and human rights. This article seeks to undertake a critical comparative analysis of the legal frameworks, jurisprudence, and practical applications surrounding this issue within Indonesia and Malaysia—two prominent Muslim-majority countries. Through in-depth insight into the relevant laws and court cases with scholarly literature reviews, this paper examines the different approaches taken by these countries and the deeply entrenched challenges in resolving the principles of Islamic legal doctrine with the main tenets of international human rights. This examination requires treading the line carefully, as religious traditions and individual freedoms clash. An inclusive and balanced dialogue can be done to further the protection of human rights and respect the rich tapestry of religious and cultural perspectives. Indeed, the proper application of Islamic law can be viewed as a fundamental human right since the freedom to practice one’s faith is part and parcel of the core tenets of international human rights standards. It is in a holistic approach—one that respects both Islamic legal principles and universal human rights—that apparent tensions can be resolved and fair treatment can be ensured for everyone. Moreover, the Islamic jurisprudents take the invalidation of marriage by way of apostasy as unanimous since it is a permissible action in case of a defect or some damage in the marriage. However, clear and specific regulations are urgently needed with a view to legal certainty and unity within the community.
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Written from the paper’s full text.
TL;DR
This article compares how Indonesia and Malaysia handle the annulment of marriage when one spouse commits apostasy (riddah), weighing Islamic legal doctrine against international human rights norms. It argues that a contextual maqasid al-shariah approach—prioritising maslahah, marital welfare, and the child's best interests—can reconcile the two frameworks.
Key findings
- Indonesian courts are inconsistent: the Malili Religious Court (Case No. 121/Pdt.G/2021/PA.MII) ruled the marriage annulled by fasakh, citing Kitab Fiqhus Sunnah Vol. II p. 389 and Article 75 of the Compilation of Islamic Law (KHI), while the Wonosobo Religious Court (Case No. 2349/Pdt.G/2021/PA.Wsb) treated the matter as marital conflict and granted talaq raj'i under Law No. 1 of 1974, Article 116(f) KHI, Supreme Court Jurisprudence No. 237/K/AG/1998 and SEMA No. 2 of 2014.
- Malaysia applies fasakh automatically and consistently across states, with clearer post-divorce consequences: the non-apostatising spouse retains financial support and mut'ah, children are presumed Muslim unless the court rules otherwise, and the apostate spouse loses inheritance rights.
- Indonesian law lacks specific guidelines on post-divorce rights (inheritance, custody, financial support), and Article 116(h) KHI only makes apostasy grounds for divorce when it causes household disharmony; the paper notes judges often use ex officio authority in these cases.
- The authors argue the classical death penalty for apostasy is not well-founded in the hadith, contradicts Qur'anic principles of freedom of religion, and should be limited to cases involving war against Muslims, other capital offences, or high treason (al-khiyānah al-'uẓmā).
Methods
- Comparative legal analysis of Indonesia and Malaysia, examining relevant statutes, court cases, and scholarly publications to surface tensions between Islamic jurisprudence and international human rights standards.
- Sources include Law No. 1 of 1974 and the Compilation of Islamic Law (KHI) for Indonesia; the Islamic Family Law Act and State Administration of Islamic Law Enactment for Malaysia; plus the Lina Joy case and Article 121(1A) of the Malaysian Federal Constitution.
- The paper is structured as: overview of the Islamic legal framework on apostasy and marriage; comparative analysis of apostasy laws and practices; discussion of reconciling Islamic law with human rights; and conclusions and recommendations.
Limitations
- The paper states no explicit limitations section.
- Evident from the text: the analysis rests on a small number of illustrative court decisions (two Indonesian cases, the Lina Joy case), so the claimed inconsistency in Indonesian rulings is supported by example rather than systematic sampling.
- The comparative scope is confined to two countries, and the treatment of human rights instruments (UDHR, ICCPR) is discussed at the level of principle rather than through adjudicated cases.
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Integrity signals
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Cites
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Claims the paper makes
0 of 45 cited sources checked · 0 supported · 0 flagged
- Findingreasoning
Across the states of Malaysia, the legal framework regarding apostasy has historically exhibited considerable variation.
“Across the states of Malaysia, the legal framework regarding apostasy has historically exhibited considerable variation.”
Quote in the paperNot a substantial claim - Findingcitation
In practice, judges in the Indonesian Islamic court system often exercise ex officio rights in cases where one spouse has converted to another religion.
“In practice, judges in the Indonesian Islamic court system often exercise their ex officio rights, or the authority to act on their own initiative, in cases where one spouse has converted to another religion.28”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [28]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingnone given
In Indonesia, the marriage status when one spouse apostatises is either fasakh (automatic annulment) or talaq (regular divorce), depending on the judge's ruling.
“| Marriage Status | Either | fasakh | (automatic | Always fasakh (marriage | | |”
Quote in the paperSubstantial claim - Findingnone given
In Malaysia, the marriage is always automatically annulled (fasakh) when one spouse apostatises.
“Always fasakh (marriage”
Quote in the paperSubstantial claim - Premisecitation
The position that marriage of a Muslim woman to a non-Muslim man is prohibited is based on Qur'anic verse (2:221), which jurists interpret as a clear prohibition.
“The position that the marriage of a Muslim woman to a non-Muslim man is prohibited is based on the Qur'anic verse (2:221), which states:”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites 2:221
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
The consensus among jurists is that the only permissible interreligious marriage is between a Muslim man and a non-Muslim woman from the Abrahamic faiths.
“While a minority of jurists, such as Abu Daud, have considered interreligious marriages between a Muslim man and a non-Muslim woman with quasi-sacred scriptures to be lawful, 18 the consensus among jurists is that the only permissible interreligious marriage is between a Muslim man and a non-Muslim woman from the Abrahamic faiths.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [18]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
A Muslim man is allowed to marry a non-Muslim woman from the People of the Book.
“However, a Muslim man is allowed to marry a non-Muslim woman from the People of the Book.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [17]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
The majority of Islamic scholars (jumhur ulama) agree that a Muslim woman is not allowed to marry a non-Muslim man, including those from the People of the Book (ahl al-kitab).
“The majority of Islamic scholars (jumhur ulama) agree that a Muslim woman is not allowed to marry a non-Muslim man, including those from the People of the Book (ahl al-kitab), such as Jews and Christians.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [17]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
Negeri Sembilan permits Muslims to formally apply for a change of religion through the Sharia High Court and consultations with the Mufti's Department.
“Conversely, Negeri Sembilan has distinguished itself by permitting Muslims to formally apply for a change of religion, a process facilitated through the Sharia High Court and involving consultations with the Mufti's Department.23”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [23]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
The Compilation of Islamic Law acknowledges that apostasy may disrupt the harmony of a marriage.
“The Compilation of Islamic Law, a codified set of regulations governing family matters, acknowledges that apostasy may disrupt the harmony of a marriage.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Compilation of Islamic Law
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
Law Number 1 of 1974 concerning Marriage does not explicitly regulate marriage status if one spouse changes religion or becomes apostate.
“Law Number 1 of 1974 concerning Marriage does not explicitly regulate marriage status if one spouse changes their religion or becomes apostate.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Law Number 1 of 1974
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
According to classical Islamic jurisprudence, the conversion of one spouse to another religion or the renunciation of faith by one spouse may result in the automatic dissolution of the marriage.
“According to classical Islamic jurisprudence, the conversion of one spouse to another religion or the renunciation of faith by one spouse may result in the automatic dissolution of the marriage.36”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [36]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationnone given
The legal status of apostasy and its consequences on marital relationships vary across different Muslim-majority countries.
“The legal status of apostasy and its consequences on marital relationships vary across different Muslim-majority countries.”
Quote in the paperSubstantial claim - Premisecitation
In Indonesia, marriage and divorce are regulated by Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) for Muslims.
“In Indonesia, marriage and divorce are regulated by Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) for Muslims.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Law No. 1 of 1974
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites KHI
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisecitation
Article 75 of the KHI specifies that annulment of marriage does not have retroactive effects on a marriage annulled due to one party's apostasy.
“Article 75 of the KHI specifies that the annulment of marriage does not have retroactive effects on a marriage that is annulled due to one party's apostasy.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Article 75 KHI
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisenone given
In Malaysia, children of a marriage where one spouse apostatises are presumed to remain Muslim unless the court rules otherwise.
“Child custody: Children are presumed to remain Muslim unless the court rules otherwise.”
Quote in the paperNot a substantial claim - Premisenone given
In Malaysia, an apostate spouse loses their right to inherit from their Muslim spouse.
“Inheritance rights: An apostate spouse loses their right to inherit from their Muslim spouse.”
Quote in the paperNot a substantial claim - Interpretationreasoning
There are fundamental differences in how apostasy (murtad) in marriage is handled in Indonesia and Malaysia.
“There are fundamental differences in how apostasy (murtad) in marriage is handled in Indonesia and Malaysia.”
Quote in the paperSubstantial claim - Interpretationreasoning
The lack of clear legal standards in Indonesia contributes to inconsistencies in court rulings regarding cases of marriage annulment due to apostasy.
“The lack of clear legal standards in Indonesia also contributes to inconsistencies in court rulings regarding cases of this nature.”
Quote in the paperSubstantial claim - Interpretationcitation
The guidance provided is limited, as the law does not explicitly mandate annulment of the marriage if the couple's domestic life remains unaffected by the change in religious belief.
“However, the guidance provided is limited, as the law does not explicitly mandate the annulment of the marriage if the domestic life of the couple remains unaffected by the change in religious belief.27”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [27]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisereasoning
If one spouse in a Muslim marriage in Malaysia commits apostasy, the marriage is automatically annulled.
“If one spouse in a Muslim marriage commits apostasy, then the marriage is automatically annulled.”
Quote in the paperNot a substantial claim - Premisecitation
Religious conversion or apostasy by either husband or wife, according to the Compilation of Islamic Law, can be used as a reason to dissolve the marriage.
“Religious conversion or apostasy by either the husband or wife, according to the Compilation of Islamic Law, can be used as a reason to dissolve the marriage.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites KHI
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Premisenone given
In Malaysia, the non-apostatising spouse is still entitled to financial support and compensation (mut'ah) after divorce due to apostasy.
“Financial support and mut'ah: The non-apostatising spouse is still entitled to financial support and compensation.”
Quote in the paperSubstantial claim - Interpretationreasoning
As one of the fundamental goals of Islamic law, the preservation of religion takes precedence in cases of marriage annulment due to apostasy.
“As one of the fundamental goals of Islamic law, the preservation of religion takes precedence in such cases.”
Quote in the paperSubstantial claim - Interpretationreasoning
The death penalty for apostasy violates human rights by restricting individuals' freedom to practice their beliefs.
“Consequently, it violates human rights by restricting individuals' freedom to practice their beliefs.”
Quote in the paperSubstantial claim - Premisecitation
State-issued fatwas for the death penalty, such as those in Egypt, are often the result of political turmoil involving individuals or collective powers.
“Historical evidence also reveals that state-issued fatwas for the death penalty, such as those in Egypt, are often the result of political turmoil involving individuals or collective powers.43”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [43]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Interpretationreasoning
The death penalty for riddah perpetrators is justified if they join the religion of an enemy and are thus deemed guilty of high treason (al-khiyānah al-'uẓmā) against the state.
“or if they join the religion of an enemy, thus being deemed guilty of high treason (al-khiyānah al-'uẓmā) against the state, warranting severe punishment.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The death penalty for riddah perpetrators is justified if they actively wage war against Muslims concerning their religion, not solely because of apostasy.
“if the perpetrators actively wage war against Muslims concerning their religion, not solely because of apostasy”
Quote in the paperSubstantial claim - Interpretationreasoning
The application of the death penalty for apostasy contradicts the Qur'anic principles that uphold freedom of religion.
“The application of this penalty contradicts the Qur'anic principles that uphold freedom of religion.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The hadiths used by the fuqaha as the basis for imposing the death penalty on apostasy (riddah) perpetrators are neither well-founded nor entirely relevant.
“The hadiths used by the fuqaha as the basis for imposing the death penalty on apostasy (riddah) perpetrators are neither well-founded nor entirely relevant.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The death penalty for riddah perpetrators is justified if they commit other capital offences like murder or robbery.
“if they commit other capital offences like murder or robbery”
Quote in the paperNot a substantial claim - Interpretationreasoning
Punishment for riddah does not necessarily have to be the death penalty, since the hadiths in question serve only as one justification among others to legitimise such punishment.
“This perspective suggests that punishment for riddah does not necessarily have to be the death penalty, as the hadiths in question only serve as one justification among others to legitimise such punishment.”
Quote in the paperSubstantial claim
- May combine two claims. 36
- The quote only partly states this claim. 5
- Classified as probably not a substantial claim. 44
May combine two claims.
FindingcitationThe Lina Joy case exemplified jurisdictional tension: civil courts upheld that only Syariah courts could decide on apostasy, effectively restricting freedom of religion for Muslims in Malaysia.
“This jurisdictional tension was exemplified in the Lina Joy case, where the civil courts upheld that only Syariah courts could decide on apostasy, effectively restricting the freedom of religion for Muslims in Malaysia.21”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [21]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingreasoningThere are discrepancies in Indonesian court decisions regarding divorce due to a husband's apostasy: PA Malili ruled the marriage legally annulled through fasakh, while PA Wonosobo viewed the issue as marital conflict and granted talaq raj'i (revocable divorce).
“Therefore, PA Malili ruled that the marriage was legally annulled through fasakh, while PA Wonosobo viewed the issue primarily as a case of marital conflict and granted talaq raj'i (revocable divorce).”
Quote in the paperSubstantial claim0 of 3 sources checked- cites Kitab Fiqhus Sunnah Volume II, page 389
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Article 75 KHI
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites SEMA No. 2 of 2014
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
Findingnone givenInconsistencies exist in rulings of Indonesian religious courts: sometimes judges decide marriage is automatically annulled when one spouse apostatises, while in other cases judges focus on marital disharmony caused by religious differences and issue a divorce ruling (talak).
“However, inconsistencies exist in the rulings of Indonesian religious courts.Sometimes, judges decide that marriage is automatically annulled when one spouse apostatises.However, in other cases, judges focus more on marital disharmony caused by religious differences and issue a divorce ruling (talak) instead.”
Quote in the paperSubstantial claimMay combine two claims.
FindingreasoningNot all judges apply the same jurisprudence, leading to differing decisions.
“Furthermore, not all judges apply the same jurisprudence, leading to differing decisions.”
Quote in the paperSubstantial claimMay combine two claims.
FindingreasoningMost courts still experience inconsistencies in the application of Islamic law and national law, resulting in differing rulings for similar cases.
“Most courts still experience inconsistencies in the application of Islamic law and national law, resulting in differing rulings for similar cases.”
Quote in the paperSubstantial claimThe quote only partly states this claim.
Findingnone givenIn Malaysia, children remain Muslim after divorce due to apostasy unless ruled otherwise by the court.
“Children remain Muslim”
Quote in the paperSubstantial claimMay combine two claims. The quote only partly states this claim.
Findingnone givenIn Malaysia, a wife is entitled to mut'ah (divorce compensation) and to financial support during iddah.
“-Entitled to mut'ah”
Quote in the paperSubstantial claimMay combine two claims.
Findingnone givenIn Indonesia, a wife divorced via talak is entitled to iddah financial support, while if the marriage is annulled via fasakh this depends on the judge's ruling.
“-Entitled to iddah financial”
Quote in the paperSubstantial claimMay combine two claims.
Findingnone givenIn Indonesia, there is no clear standard for a child's status after divorce due to apostasy; typically children follow the mother's religion or a court decision.
“No clear standard; typically,”
Quote in the paperSubstantial claimMay combine two claims. The quote only partly states this claim.
Findingnone givenCourt rulings on apostasy-related marriage annulment are inconsistent in Indonesia (some cases result in fasakh, others in talak) but consistently fasakh across all of Malaysia.
“Inconsistent (some cases result in”
Quote in the paperNot a substantial claimThe quote only partly states this claim.
Findingnone givenThe apostate spouse loses inheritance rights from the Muslim spouse.
“-The apostate spouse loses”
Quote in the paperSubstantial claimMay combine two claims.
PremisecitationThere are differing opinions among Islamic scholars regarding consequences of apostasy on marriage, though the majority opinion is that the marriage is automatically dissolved upon declaration of apostasy.
“There are differing opinions among Islamic scholars regarding the consequences of apostasy on marriage, though the majority opinion is that the marriage is automatically dissolved upon the declaration of apostasy.19”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [19]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationWhile the Federal Constitution guarantees religious freedom under Article 11(1), this right is not absolute for Muslims, particularly in matters of apostasy.
“While the Federal Constitution enshrines the guarantee of religious freedom under Article 11 (1), this right is not absolute for Muslims, particularly in matters of apostasy.20”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [20]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim.
PremisereasoningThis view is based on the Quranic injunction that prohibits Muslim women from marrying non-Muslim men.
“This view is based on the Quranic injunction that prohibits Muslim women from marrying non-Muslim men.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationThe Christian view on annulment considers it an invalid marriage due to the continued relationship or binding of one of the parties.
“In contrast, the Christian view on annulment considers it an invalid marriage due to the continued relationship or binding of one of the parties.6”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [6]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationThe Islamic perspective on annulment of marriage typically views it as permissible when there is damage or defect in the marriage.
“The Islamic perspective on the annulment of marriage typically views it as a permissible action when there is damage or defect in the marriage.5”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [5]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationInternational human rights law guarantees freedom of religion, but its implementation remains ambiguous, leading to protection gaps, particularly in asylum claims based on apostasy.
“International human rights law guarantees the freedom of religion, but its implementation remains ambiguous, leading to protection gaps, particularly in asylum claims based on apostasy.4”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [4]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
InterpretationreasoningThe rationale for automatic dissolution is that marriage is a legal contract whose validity requires both spouses to be Muslim; once a spouse apostatises, the marriage is null and void and marital obligations no longer bind the Muslim spouse.
“The underlying rationale is that marriage is considered a legal contract, and one of the conditions for its validity is that both spouses must be Muslim.Once a spouse becomes an apostate, the marriage is deemed null and void, and the marital obligations no longer bind the Muslim spouse.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationreasoningThe legal framework regarding apostasy in Malaysia is complex, stemming from interplay between religious and constitutional law, and apostasy is not consistently addressed across the country because religious matters are under state authorities.
“The legal framework regarding apostasy in Malaysia is complex, stemming from the interplay between religious and constitutional law.Apostasy, which denotes the renunciation of Islam, is not consistently addressed across the country, as religious matters are under the purview of state authorities.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S1 (asserted), S3 (load-bearing). May combine two claims.
PremisecitationThe legal injunction to execute apostates during the Prophetic era was a way to discourage defection from Muslim military forces, and such rulings may not be applicable in a globalised world where an ideal Islamic polity is unlikely to exist.
“Scholars have argued that the legal injunction to execute apostates during the Prophetic era was a way to discourage defection from the Muslim military forces, and such rulings may not be applicable in a globalised world where an ideal Islamic polity is unlikely to exist.15”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [15]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisecitationIn Indonesia, people often prefer to follow fiqh over codified regulations, showing tension between Islamic family law and national law.
“In Indonesia, the tension between Islamic family law and national law is evident, as people often prefer to follow the fiqh (Islamic jurisprudence) over the codified regulations.13”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [13]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
InterpretationcitationIslamic law considers apostasy (riddah) as grounds for annulment of marriage, but its application differs between Indonesia and Malaysia: Indonesian Religious Courts require evidence of marital disharmony resulting from apostasy, while Malaysian authorities' significant state intervention in determining faith raises concerns about legal pluralism and religious freedom.
“While Islamic law considers riddah as grounds for the annulment of marriage, its application differs in Indonesia, 1 where the Religious Court requires evidence of marital disharmony resulting from apostasy, 2 while in Malaysia, the significant state intervention by authorities who determine an individual's faith raises concerns about legal pluralism and religious freedom.3”
Quote in the paperSubstantial claim0 of 3 sources checked- cites [1]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites [2]
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- cites [3]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.
Premisenone givenIn Malaysia, Shariah Courts have exclusive jurisdiction over matters related to apostasy, where apostates may face punishments such as fines, imprisonment, and whipping.
“In Malaysia, for instance, the Shariah Courts have exclusive jurisdiction over matters related to apostasy, where apostates may face punishments such as fines, imprisonment, and whipping.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing), S4 (based).
Premisenone givenHistorically, the legal injunction to execute apostates during the Prophetic era was primarily a means to discourage defection from the Muslim military forces rather than a comprehensive theological or moral imperative.
“Historically, the legal injunction to execute apostates during the Prophetic era was primarily a means to discourage defection from the Muslim military forces rather than a comprehensive theological or moral imperative.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
PremisecitationHuman rights refer to the inherent natural rights that every person is entitled to from birth, in alignment with the human nature described in the Qur'an.
“Human rights refer to the inherent natural rights that every person is entitled to from birth, in 36 alignment with the human nature described in the Qur'an.39”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [39]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningThe tension between the classical Islamic legal doctrine of apostasy and international human rights law principles presents a significant challenge.
“The tension between the classical Islamic legal doctrine of apostasy and international human rights law principles presents a significant challenge.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Premisenone givenIslamic jurisprudence has historically maintained a firm stance on the gravity of apostasy and its consequences, including the potential dissolution of marriage.
“On the one hand, Islamic jurisprudence has historically maintained a firm stance on the gravity of apostasy and its consequences, including the potential dissolution of marriage.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationThe Compilation of Islamic Law states that a marriage can be annulled if one spouse apostatises, but it does not explicitly specify whether the divorce should take the form of fasakh (annulment) or talak (divorce).
“The Compilation of Islamic Law (KHI) does state that a marriage can be annulled if one spouse apostatises, but it does not explicitly specify whether the divorce should take the form of fasakh (annulment) or talak (divorce).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites KHI
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S4 (based).
Premisenone givenIn the context of apostasy, Islamic law considers that if one spouse changes religion, it can serve as grounds for fasakh.
“In the context of apostasy, Islamic law considers that if one spouse changes religion, it can serve as grounds for fasakh.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing), S4 (based).
Interpretationnone givenMalaysia has a more structured and standardised legal system, ensuring uniformity in court rulings on apostasy cases.
“Malaysia also has a more structured and standardised legal system, ensuring uniformity in court rulings on apostasy cases.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisereasoningThis traditional view is based on interpretation of certain Quranic verses and hadith that seem to condemn apostasy and prescribe temporal punishment.
“This perspective is based on the interpretation of certain Quranic verses and hadith (sayings of the Prophet Muhammad) that seem to condemn apostasy and prescribe temporal punishment.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim. May combine two claims.
InterpretationreasoningThe current ambiguity in Indonesian law may lead to inconsistent outcomes, indicating a need for clearer legal standards and guidelines regarding marriage annulment due to apostasy.
“This judicial approach indicates a need for clearer legal standards and guidelines regarding marriage annulment due to apostasy, as the current ambiguity in the law may lead to inconsistent outcomes.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationreasoningIndonesian law does not provide specific guidelines regarding the rights of spouses who divorce due to apostasy, such as inheritance rights, child custody, and financial support; as a result, court decisions vary depending on the judge handling the case.
“Furthermore, Indonesian law does not provide specific guidelines regarding the rights of spouses who divorce due to apostasy, such as inheritance rights, child custody, and financial support.As a result, court decisions vary depending on the judge handling the case.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
PremisecitationThe right to freedom of religion and belief, as enshrined in various human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, affirms the individual's right to change or renounce their faith without coercion or discrimination.
“On the other hand, the right to freedom of religion and belief, as enshrined in various human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, affirms the individual's right to change or renounce their faith without coercion or discrimination.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Universal Declaration of Human Rights
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites International Covenant on Civil and Political Rights
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
PremisecitationThis doctrinal stance is based on the premise that the marriage contract is inherently tied to the shared faith of the spouses, and the breach of this fundamental condition renders the marriage void.
“This doctrinal stance is based on the premise that the marriage contract is inherently tied to the shared faith of the spouses, and the breach of this fundamental condition renders the marriage void.37”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [37]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.
InterpretationcitationIn a modern, globalised context, the rationale for severe punishments for apostasy as envisioned in classical Islamic jurisprudence may no longer be applicable, because the early Islamic period's idealised polity is unlikely to exist.
“In a modern, globalised context, the rationale for severe punishments for apostasy, as envisioned in classical Islamic jurisprudence, may no longer be applicable.The early Islamic period's idealised polity is unlikely to exist, necessitating a re-evaluation of such harsh measures against those who renounce their faith.34”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [34]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationThe classical legal doctrine of apostasy in Islam encompasses the explicit renunciation of the faith and any deed or utterance that may imply unbelief, such as denying a fundamental tenet or creed of Islam.
“However, the classical legal doctrine of apostasy in Islam encompasses the explicit renunciation of the faith and any deed or utterance that may imply unbelief, such as denying a fundamental tenet or creed of Islam.30”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [30]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Classified as probably not a substantial claim. May combine two claims.
InterpretationcitationThe right to change one's religion or belief, or to hold no religion at all, is a core principle of human rights law, and any state-sanctioned measures that seek to coerce individuals into maintaining a particular religious affiliation or disrupt their marital relationships based on apostasy may be deemed a violation of these rights.
“The right to change one's religion or belief, or to hold no religion at all, is a core principle of human rights law, and any state-sanctioned measures that seek to coerce individuals into maintaining a particular religious affiliation or disrupt their marital relationships based on apostasy may be deemed a violation of these rights.38”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [38]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
PremisereasoningMalaysia does not provide an option for divorce by talaq in apostasy cases, as marriage between a Muslim and a non-Muslim is not legally valid under Malaysian Islamic law.
“Malaysia does not provide an option for divorce by talaq in such cases, as marriage between a Muslim and a non-Muslim is not legally valid under Malaysian Islamic law.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationreasoningThis results in different legal interpretations, where some judges refer to Shafi'i schools of thought, while others align with Indonesia's positive law.
“This results in different legal interpretations, where some judges refer to Shafi'i schools of thought, while others align with Indonesia's positive law.”
Quote in the paperSubstantial claimMay combine two claims.
PremisecitationIn Malaysia, Islamic law plays a stronger role in the marriage and divorce system; Muslim marriages are governed by the Islamic Family Law Act and the State Administration of Islamic Law Enactment, which take a more rigid approach to apostasy cases.
“In Malaysia, Islamic law plays a stronger role in the marriage and divorce system.Muslim marriages in Malaysia are governed by the Islamic Family Law Act and the State Administration of Islamic Law Enactment, which take a more rigid approach to apostasy cases.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Islamic Family Law Act
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites State Administration of Islamic Law Enactment
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
Premisenone givenApostasy (riddah) is generally regarded in Islamic jurisprudence as a grave offence against the faith.
“Apostasy, or riddah, occupies a prominent position in Islamic jurisprudence, where it is generally regarded as a grave offence against the faith.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisereasoningReligious conversion by one spouse is often used as grounds for divorce, as differences in belief can lead to disharmony within the household.
“Religious conversion by one spouse is often used as grounds for divorce, as differences in belief can lead to disharmony within the household.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationcitationThe issue of apostasy in Indonesia is complicated by the blasphemy law, which penalises religious offences; accusations of blasphemy against apostates can lead to social ostracism and legal repercussions, indirectly influencing outcomes of apostasy-related divorce cases.
“The issue of apostasy in Indonesia is further complicated by the country's blasphemy law, which penalises religious offences.Accusations of blasphemy against apostates can lead to social ostracism and legal repercussions, indirectly influencing the outcomes of apostasy-related divorce cases.29”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [29]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
PremisecitationAccording to the Universal Declaration of Human Rights, these rights are inherent to all individuals and include the right to life, personal freedom and security, legal recognition, equality before the law, freedom of thought and expression, freedom of religion, access to social security, education, and more.
“According to the Universal Declaration of Human Rights, these rights are inherent to all individuals and include the right to life, personal freedom and security, legal recognition, equality before the law, freedom of thought and expression, freedom of religion, access to social security, education, and more.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Universal Declaration of Human Rights
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
InterpretationreasoningWithin the maqasid al-shariah framework, the traditional jurisprudential rulings on marriage annulment due to apostasy should be given priority over preserving the marital relationship and the well-being of the individuals concerned.
“Within the maqasid al-shariah framework, the traditional jurisprudential rulings on marriage annulment due to apostasy should be given priority over preserving the marital relationship and the well-being of the individuals concerned.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
InterpretationreasoningHuman rights and religious teachings can be harmonized and complement each other if they are implemented in a balanced manner.
“Human rights and religious teachings can be harmonized and complement each other if they are implemented in a balanced manner.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenIn Malaysia, the tension between Syariah and constitutional courts underscores the challenges of balancing religious laws with constitutional rights.
“In Malaysia, the tension between Syariah and constitutional courts underscores the challenges of balancing religious laws with constitutional rights.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationRofiq's study highlights the importance of considering the conditions and circumstances of the individuals involved in determining the custody of children in cases of divorce due to apostasy.
“Rofiq's study highlights the importance of considering the conditions and circumstances of the individuals involved in determining the custody of children in cases of divorce due to apostasy.44”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [44]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).
Premisenone givenPreserving the child's religious identity is a vital component of conventional custody regulations.
“Preserving the child's religious identity is a vital component of conventional custody regulations.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenA balanced legal framework is needed to harmonise Islamic principles with modern human rights standards, ensuring fairness and dignity for all.
“A balanced legal framework is needed to harmonise Islamic principles with modern human rights standards, ensuring fairness and dignity for all.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
InterpretationreasoningWhen a marriage ends because of apostasy, according to maqasid al-shariah, keeping the marriage together and ensuring everyone's well-being is paramount, not strictly following traditional legal rulings.
“When a marriage ends because of apostasy, according to maqasid al-shariah, keeping the marriage together and making sure everyone is healthy is paramount, not strictly following traditional legal rulings.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims. The quote only partly states this claim.
InterpretationreasoningA comprehensive and contextual interpretation of Maqasid al-Shariah can provide a framework for addressing apostasy-related marriage and custody issues, promoting fairness and inclusivity while upholding the dignity of all individuals involved.
“A comprehensive and contextual interpretation of Maqasid al-Shariah can provide a framework for addressing these issues, promoting fairness and inclusivity while upholding the dignity of all individuals involved.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningWhen a marriage is terminated due to apostasy, the primary emphasis should be on preserving the marriage and safeguarding the well-being of all parties involved rather than rigidly following conventional legal judgments.
“When a marriage is terminated due to apostasy, the primary emphasis should be on preserving the marriage and safeguarding the well-being of all parties involved rather than rigidly”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Interpretationnone givenIn Indonesia, inconsistent court rulings on apostasy-related divorces point to the need for clearer guidelines, particularly in cases involving child custody.
“In Indonesia, inconsistent court rulings on apostasy-related divorces point to the need for clearer guidelines, particularly in cases involving child custody.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationcitationPrioritising the possession of children in situations of divorce resulting from apostasy should be based on the circumstances of the parties involved.
“Prioritising the possession of children in situations of divorce resulting from apostasy should be based on the circumstances of the parties involved.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningThe analysis of marriage annulment due to apostasy from the perspective of maqasid al-shariah suggests a more nuanced and contextual approach that prioritises the preservation of the marital bond, the welfare of the individuals involved, and the best interests of the child.
“the analysis of marriage annulment due to apostasy from the perspective of maqasid al-shariah suggests a more nuanced and contextual approach that prioritises the preservation of the marital bond, the welfare of the individuals involved, and the best interests of the child.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Premisenone givenHuman rights advocates oppose the automatic annulment of marriage due to apostasy, arguing that it restricts an individual's right to choose and practice their faith freely.
“Human rights advocates oppose the automatic annulment of marriage due to apostasy, arguing that it restricts an individual's right to choose and practice their faith freely.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningThe concept of maqasid offers a more adaptable approach to Islamic family law, particularly pertinent in contemporary culture.
“The concept of maqasid offers a more adaptable approach to Islamic family law, particularly pertinent in contemporary culture.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningClassical rulings, such as the automatic dissolution of marriage or punitive measures against apostates, must be reevaluated to align with modern human rights principles, including the right to freedom of religion.
“Classical rulings, such as the automatic dissolution of marriage or punitive measures against apostates, must be reevaluated to align with modern human rights principles, including the right to freedom of religion.”
Quote in the paperNot a substantial claim- Rests on an assumption: International human rights standards, particularly freedom of religion, are a valid benchmark for evaluating Islamic legal rulings on apostasy.
Probably not a substantial claim: may not pass S4 (based).
Premisenone givenThe doctrine of maqasid al-shariah, as described by Asy-Syatibi, emphasises the centrality of maslahah (public interest) in applying Islamic law.
“The doctrine of maqasid al-shariah, as described by Asy-Syatibi, emphasises the centrality of maslahah (public interest) in applying Islamic law.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
Interpretationnone givenWhen addressing apostasy within Islam, the difficulties convert Muslims (mualaf) face in adjusting to their new religious identity should be taken into account.
“when addressing the issue of apostasy within Islam, it is important to take into account the difficulties convert Muslims (mualaf) face in adjusting to their new religious identity.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
PremisecitationThe preservation of religion (hifz al-din) is one of the fundamental goals of Islamic law.
“the preservation of religion (hifz al-din) is one of the fundamental goals of Islamic law.42”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [42]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningCustody decisions in apostasy-related divorce cases must prioritise the welfare of the child, considering their overall well-being alongside the preservation of their religious identity.
“Custody decisions in these cases must prioritise the welfare of the child, considering their overall well-being alongside the preservation of their religious identity.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationcitationThe judge's decision in custody cases arising from apostasy-related divorce should prioritise the child's best interests, which may supersede the strict application of traditional custody rules.
“The child's best interests should be the judge's guiding principle, even though this may not always coincide with a strict application of the traditional custody rules.”
- Also stated in: § The Marriage Annulment Due to Apostasy based on Maqasid al-Shariah Approach · hedged
“The judge's decision should prioritise the child's best interests, which may supersede the strict application of traditional custody rules.”
Quote in the paperNot a substantial claim- Rests on an assumption: A judge can determine the child's best interests on a case-by-case basis in custody disputes arising from apostasy-related divorce.
- Also stated in: § The Marriage Annulment Due to Apostasy based on Maqasid al-Shariah Approach · hedged
May combine two claims.
PremisecitationIndonesia's regulations on enforcing legal justice to uphold human rights remain broad in scope and fail to fully address evolving human rights issues.
“the regulations regarding this matter remain broad in scope, failing to fully address the evolving human rights issues.41”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [41]
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningWhile the preservation of the child's religious identity is important, the paramount consideration in custody decisions should be ensuring the overall well-being and welfare of the child.
“While the preservation of the child's religious identity is important, the paramount consideration should be ensuring the overall well-being and welfare of the child.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based). May combine two claims.
Premisenone givenThe preservation of the religious identity of the child is a fundamental aspect of the traditional rules of custody, and deviating from these established principles could undermine the child's spiritual upbringing and the integrity of the Islamic legal system.
“The preservation of the religious identity of the child is a fundamental aspect of the traditional rules of custody, and deviating from these established principles could undermine the child's spiritual upbringing and the integrity of the Islamic legal system.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
PremisecitationThe Universal Declaration of Human Rights enumerates various human rights, such as the right to life, liberty, and security; the right to be recognised as a person before the law; the right to freedom of thought, expression, and religion; the right to social security; and the right to education.
“The Universal Declaration of Human Rights enumerates various human rights, such as the right to life, liberty, and security; the right to be recognised as a person before the law; the right to freedom of thought, expression, and religion; the right to social security; and the right to education.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Universal Declaration of Human Rights
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
The paper relies on this without support.
The Shariah Court in Malaysia handles apostasy, and individuals seeking to leave Islam must apply for a formal declaration of apostasy.
“The Shariah Court in Malaysia handles the matter of apostasy, where individuals seeking to leave Islam must apply for a formal declaration of apostasy.”
The paper relies on this without support.
A marriage is recognised as legitimate when it meets primary requirements: bride and groom, marriage contract, guardian, witnesses, and mahr (dowry).
“A marriage is recognised as legitimate when it meets these primary requirements, which include the bride and groom, the marriage contract, a guardian, witnesses, and the mahr (dowry).”
The paper relies on this without support.
The legal framework regarding apostasy in Indonesia grants Islamic courts authority to pronounce dissolution of marriage where one spouse renounces the Islamic faith.
“The legal framework regarding apostasy in Indonesia grants Islamic courts the authority to pronounce the dissolution of marriage in instances where one spouse renounces the Islamic faith.”
The paper relies on this without support.
The legal systems and judicial practices of Indonesia and Malaysia are sufficiently comparable to support a comparative analysis of marriage annulment due to apostasy.
“Table 1 . Comparison of Apostasy Implications in Marriage betweenIndonesia and Malaysia”
The paper relies on this without support.
International human rights standards, particularly freedom of religion, are a valid benchmark for evaluating Islamic legal rulings on apostasy.
“Classical rulings, such as the automatic dissolution of marriage or punitive measures against apostates, must be reevaluated to align with modern human rights principles, including the right to freedom of religion.”
The paper relies on this without support.
A judge can determine the child's best interests on a case-by-case basis in custody disputes arising from apostasy-related divorce.
“The child's best interests should be the judge's guiding principle, even though this may not always coincide with a strict application of the traditional custody rules.”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
Opposite priorities assigned to the maqasid approach
MajorOne passage says preserving the marriage and well-being takes priority over traditional rulings; the next says traditional rulings take priority over preserving the marriage and well-being.
“When a marriage ends because of apostasy, according to maqasid al-shariah, keeping the marriage together and making sure everyone is healthy is paramount, not strictly following traditional legal rulings.”
“Within the maqasid al-shariah framework, the traditional jurisprudential rulings on marriage annulment due to apostasy should be given priority over preserving the marital relationship and the well-being of the individuals concerned.”
Conflicting rules for Muslim men marrying non-Muslims
MinorThe paper says jurists prohibit both Muslim men and women from marrying non-Muslims, but elsewhere says a Muslim man may marry a woman from the People of the Book.
“Jurists have agreed to prohibit both Muslim men and women from marrying non-Muslims.”
“However, a Muslim man is allowed to marry a non-Muslim woman from the People of the Book.”
Cites
The publisher hasn’t deposited this paper’s reference list.
Research works printed but not linked: 22
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- Mustofa, Kholifatun Nur, Sheila Fakhria, Milla Khumayla Quintana, Yusup Tauziri, and Dasrizal Marah Nainin. "Religious Authority and Family Law Reform in Indonesia: The Response and Influence of the Indonesian Ulema Council on Interfaith Marriage." JURIS (Jurnal Ilmiah Syariah) 23, no. 2 (December 31, 2024): 383-93. https://doi.org/10.31958/juris.v23i2.11849. · DOI
- P. Rajanthiran, R. Sivaperegasam. "THE IMPACT OF ART. 121 (1A) 1988 ON ART. 11 -THE FREEDOM OF RELIGION IN THE FEDERAL CONSTITUTION OF MALAYSIA: THE APOSTASY CASE OF LINA JOY." SEJARAH 26, no. 1 (June 13, 2017): 117-31. https://doi.org/10.22452/sejarah.vol26no1. · DOI
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Cited by
Sorted by citations
Fadah, N. I., Maki, H. L. P., Irawan, H., et al. (2025) · Jurnal Mahkamah Kajian Ilmu Hukum Dan Hukum Islam · doi:10.25217/jm.v10i1.5855 · Cited by 4 · see citing works
Situmeang, S. M. T., Farhani, A., Utomo, S. S., et al. (2026) · MILRev Metro Islamic Law Review · doi:10.32332/milrev.v5i1.13066 · Cited by 1 · see citing works
- Authors
- Sholehudin, M., Fadli, M., Sulistyarini, R., & Djumikasih, D.
- Affiliations
- University of Brawijaya (ID)
- Venue
- De Jure: Jurnal Hukum dan Syar'iah
- Published
- 2025-04-01
- Volume
- 17
- Issue
- 1
- Pages
- 33-51
- ISSN
- 2085-1618 (ISSN-L)
- 2528-1658
- OpenAlex
- W4411745767
- Semantic Scholar
- 217ea1bc047facf952ac023c283ff5d676872469
- Cited by
- 2
- References
- 0
- Citations by year
- 2026: 1 · 2025: 1
- FWCI
- 12.46
- Type
- journal article
- Language
- en
- Open access
- diamond
- doi.org
- Licence
- Locations
- De Jure Jurnal Hukum dan Syar iah (publishedVersion, cc-by-sa)
- Research Repository Universitas Islam Negeri Maulana Malik Ibrahim (University of Southampton) (acceptedVersion)
- Topics
- Social Sciences › Law › Religious Freedom and Discrimination
- Social Sciences › Law › Family and Matrimonial Law
- Social Sciences › Sociology and Political Science › Marriage and Family Dynamics
- Keywords
- apostasy, marriage annulment, Islamic law, human rights, religious freedom, Indonesia, Malaysia, comparative law, marriage validity, legal certainty
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
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Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-26.
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