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Ana Musrita
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pembatalan Perkawinan Akibat Penipuan Istri Perspektif Maslahah Mursalah: Analisis Putusan PA Lubuk Sikaping Ana Musrita; Nofiardi Nofiardi
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.996

Abstract

This study examines the annulment of a marriage due to fraud committed by the wife, as stipulated in Lubuk Sikaping Religious Court Decision Number 108/Pdt.G/2025/PA.Lbs. There are two main objectives of the study: first, to analyze the legal consequences for the parties following the issuance of the annulment of the second marriage, and to evaluate the decision through the perspective of maslahah mursalah as an instrument of contemporary ijtihad in Islamic family law. This study uses a qualitative approach with a normative-empirical case study method. Data were collected through in-depth interviews with four judges at the Lubuk Sikaping Religious Court and through analysis of decision documents and related laws and regulations The results indicate that annulment of a marriage has different legal consequences than a regular divorce, particularly regarding the status of children, the division of joint property, and the legal status of the parties. From the perspective of maslahah murlah, the determination is considered to fulfill the three levels of maslahah tahsiniyyat, hajıyyat, and dharurivvat, especially in protecting justice, children's rights, and the integrity of the marriage contract as a fundamental institution. This research contributes to enriching the nature of contemporary Islamic family law, especially in the aspect of marriage annulment due to marriage which is relatively rarely analyzed through the maslahah murlah framework.
Co-Authors Nofiardi, Nofiardi