Islamic Legal Perspectives on Mental Disorders as Grounds for Divorce

Authors

  • muhammad yasir universitas muhammadiyah makassar
  • Hasan bin Juhanis Universitas Muhammadiyah Makassar
  • Ahmad Muntazar Universitas Muhammadiyah Makassar
  • Ramat Ismail Universitas Muhammadiyah Makassar

Abstract

Mental health issues are increasingly relevant in modern society and have significant implications within the framework of Islamic family law. This study analyzes the legal and ethical status of individuals with mental disorders from the perspective of Islamic jurisprudence (fiqh), with particular focus on their marital capacity and the legitimacy of divorce. Employing a qualitative library-based research design, the study examines classical and contemporary sources of Islamic law alongside relevant Indonesian legislation. The findings demonstrate that mental disorders are recognized by scholars of the four major schools of thought as valid grounds for dissolving a marriage, reflecting the objectives of Islamic law (maqasid al-shariah) to preserve family harmony and individual welfare. Furthermore, Indonesian legal provisions, such as Article 44 of the Criminal Code, provide exceptions for individuals with mental disorders in criminal responsibility. This study concludes that Islamic law grants special status to individuals with mental disorders by exempting them from religious obligations due to the absence of complete intellect.

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Published

2025-10-14

How to Cite

Islamic Legal Perspectives on Mental Disorders as Grounds for Divorce. (2025). Indonesian Journal of Matrimonial and Family Law, 1(1). https://journal.unismuh.ac.id/index.php/ijmfl/article/view/19604

How to Cite

Islamic Legal Perspectives on Mental Disorders as Grounds for Divorce. (2025). Indonesian Journal of Matrimonial and Family Law, 1(1). https://journal.unismuh.ac.id/index.php/ijmfl/article/view/19604