Implikasi Mualaf Temporer sebagai Alasan Perceraian di Pengadilan Agama dalam Tinjauan Hukum Islam

Abstract

The practice of temporary conversion to Islam is a phenomenon in which an individual converts to Islam prior to marriage but subsequently returns to their previous religion after marriage. This phenomenon raises legal issues when it leads to divorce, as there are currently no specific regulations that classify temporary converts as a distinct legal category. This study aims to analyze the practice of temporary conversion to Islam, the legal considerations of the Panel of Judges, and its implications as grounds for divorce in Religious Courts from the perspective of Islamic law. The study employs a normative legal method using a case-based and statutory approach. Data were obtained through a literature review of the Qur’an, legislation, the Compilation of Islamic Law, Judgment No. 0178/Pdt.G/2015/PA.Una and Judgment No. 1011/Pdt.G/2024/PA.Smn, as well as relevant literature, and were then analyzed using descriptive-qualitative methods. The research findings indicate a similar pattern of religious conversion in both cases; however, the judges’ reasoning has not specifically characterized this pattern as “temporary conversion” and has instead focused more on apostasy as the grounds for divorce. From an Islamic law perspective, the rulings are justifiable in terminating the marriage, but the analysis remains incomplete. The implications include differences in the form of marriage dissolution, uncertainty regarding post-divorce legal consequences, and suboptimal protection of children’s rights.