FOR THE SAKE OF PROTECTING RELIGION: Apostasy and its Judicial Impact on Muslim’s Marital Life in Indonesia

• Main Author: Euis Nurlaelawati
• Format: Article
• Language: Arabic
• Published: State Islamic University (UIN) of Sunan Ampel Surabaya 2016-06-01
• Series: Journal of Indonesian Islam
• Subjects: family law; apostasy; judicial practice; religious protection; religious freedom; marriage
• Online Access: http://jiis.uinsby.ac.id/index.php/JIIs/article/view/211
• ISSN: 1978-6301; 2355-6994

This paper discusses the rule of apostasy and its impact on the apostate’s legal status. It investigates how Indonesian Islamic family law administers the commit of apostasy and how it would determine the apostate’s legal status on his or her marriage and his or her right to custody of child in particular. Deploying socio-legal approach it observes how Muslim judges resolve familial cases related to apostasy at court and to what extent their legal decisions on these issues are shaped by the majority of religious authorities’ and their owm understanding of the Islamic doctrine of religious protection. It argues that while the Islamic state law has sought to move away from the classical religious rules in the administration of apostasy as to protect human rights, judges find it difficult to renounce the dogma that Muslims must protect their religion from any possible danger other groups of religion would create and that the religious protection is often in conflict with the realization of the right to religious freedom.