Analisis Maqoshid Syariah Terhadap Pembatalan Perkawinan Di Pengadilan Agama Cikarang (Studi Pada Putusan Nomor 1380/Pdt.G/2019/Pa.Ckr)”

Damayanti, Ema (2024) Analisis Maqoshid Syariah Terhadap Pembatalan Perkawinan Di Pengadilan Agama Cikarang (Studi Pada Putusan Nomor 1380/Pdt.G/2019/Pa.Ckr)”. Sarjana (S1) thesis, Universitas Islam 45.

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Abstract

One of the things that can cause a marriage to end is the annulment of the marriage,
such as in case number 1380/Pdt.G/2019/PA.Ckr concerning the annulment of
marriage at the Cikarang Religious Court. This study aims to determine and analyze
the judge's considerations in deciding the case with the maqoshid syariah approach to
the decision. The research method used in this study is a descriptive analysis method
with a qualitative research type. The approach used is normative juridical legal
research using decision number 1380/Pdt/G/2019/PA.Ckr as the primary data source.
The results of this study are that decision number 1380/Pdt.G/2019/PA.Ckr has legal
coherence (legal conformity) with Law No. 1 of 1974 in conjunction with Law No. 16
of 2019 concerning Marriage, article 27 paragraph (2) and the Compilation of Islamic
Law, article 27 paragraph (2) which states that a marriage annulment can be filed due
to fraud or misunderstanding regarding the husband or wife during the marriage.
Because in this decision case, it has been proven that there was fraud committed by
Respondent 1 (wife), in which Respondent 1 (wife) covered up her condition of being
pregnant before marrying the Petitioner (her legal husband) and the fetus was not the
child of the Petitioner (husband) but another man, therefore the judge granted the
request for annulment of the marriage. And in terms of maqoshid syariah, the decision
to annul the marriage in this decision is more beneficial for both of them than having
to continue their marriage.
Keywords: Marriage Annulment, Judge's Consideration, Maqoshid Syariah

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