Marriage Annulment Due to Apostasy

Abstrak

Annulment of marriage due to apostasy is a complex issue that clashes with religious doctrines, state regulations, and social dynamics in Indonesia's pluralistic society, especially in the multicultural city of Malang. This study examines the socio-religious perspective of the Malang City Religious Harmony Forum (FKUB) regarding the legal regulation of annulment of marriage due to apostasy from five official religions, namely Islam, Christianity, Catholicism, Hinduism, and Buddhism, as well as the potential for both legal and social conflicts in interfaith marriage. Using a qualitative phenomenological approach based on the social construction theory of Berger and Luckmann and Soekanto's legal sociology, data were collected through semi-structured interviews with selected FKUB representatives in a purposive manner and the analysis of the Compilation of Islamic Law (KHI) documents and related regulations. Thematic analysis reveals diverse theological views: Islam encourages cancellation (fasakh) with the certainty of fiqh and the normative of positive law based on maslahah; Christians and Catholics prioritize pastoral counseling and the perpetuation of the sacraments with conditional dispensation; Hinduism emphasizes dharma harmony and communal mediation, while Buddha prioritized non-dogmatic solutions based on metta and ahimsa. Major conflict risks include children's religious identity, custody disputes, inheritance rights, and social stigmatization. The research concludes that an inclusive regulatory framework is needed to ensure legal certainty, protect vulnerable parties, and maintain communal harmony in Indonesia's multireligious context