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Penyelesaian Perkara Isbat Nikah di Pengadilan Agama Kabupaten Kuningan Kelas 1A: (Studi Putusan Pengadilan Agama Kuningan No. 477/Pdt.P/2020/PA.Kng) Madinah, Dina; Asari, Agus
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 01 (2025): Vol. 6 No. 1 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i01.292

Abstract

Marriage is proven by a marriage certificate, and each husband and wife has a copy. However, in practice, it is undeniable that until now there are still many illegal marriages which are often also called siri marriages (underhand marriages) because they are not officially recorded by the marriage registrar. This causes the marriage to not be registered at the Office of Religious Affairs (KUA) so this has an impact on the recording of the child's birth certificate. Based on this background, a problem is formulated, namely, how to settle the Marriage Isbat Case in the Islamic Religious Court of Kuningan District Class 1A and how the Legal Basis and Judges Consideration in the Settlement of Marriage Isbat Cases at the Kuningan Islamic Religious Court. The purpose of this study is to find out the factors that become the reasons for the Application for Marriage Isbat at the Kuningan Islamic Religious Court and to find out the Judges' Considerations in the Settlement of Marriage Isbat Cases at the Kuningan Islamic Religious Court. According to the Compilation of Islamic Law, marriage problems that are not registered at the KUA can be resolved through the Marriage Isbat submitted to the Religious Courts in accordance with the domicile. The method used in this study is a qualitative research method. The data collection techniques include observation, interview, and documentation techniques. The results showed that based on the decision of the Kuningan Religious Court No. 477/Pdt.P/2020/PA.Kng, it was known that Petitioner I and Petitioner II had married with the fulfillment of the conditions and pillars of marriage so that the marriage was legal according to Islamic law. However, because the marriage was not registered by the local KUA, the marriage was not registered. The consideration of the Panel of Judges in determining Marriage Isbat Number 477/Pdt.P/2020/PA.Kng is based on Article 2 of Law Number 1 of 1974, Article 6 of Law Number 1 of 1974 and Article 14 of the Compilation of Islamic Law concerning the terms and pillars wedding. The second consideration is that Petitioner I and Petitioner II have no obstacles to marriage as regulated in Article 8 of Law Number 1 of 1974 and Article 39 of the Compilation of Islamic Law. Based on the consideration of the evidence and the two witnesses presented, the panel of judges decided to grant the marriage Isbat proposed by the applicant.
Pembatalan Perkawinan karena Istri Mengandung Anak yang Bukan dari Suaminya Menurut Hukum Islam Studi Putusan Nomor 1478/Pdt.G/2022/PA.Kng Nisfyandini, Agisna Cahya; Murniati, Murniati; Madinah, Dina
AL-MASHALIH (Journal of Islamic Law) Vol. 6 No. 2 (2025): AL-MASHALIH (Journal of Islamic Law)
Publisher : Sekolah Tinggi Ilmu Syariah Husnul Khotimah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/mashalih.v6i2.349

Abstract

Marriage annulment, or fasakh, is the termination or dissolution of a marital relationship between husband and wife caused by the non-fulfillment of the pillars and conditions of marriage, or the discovery of certain circumstances after the marriage has taken place which renders the marriage invalid. This study aims to examine the judge’s decision and to analyze the perspective of Islamic law regarding the annulment of marriage due to the wife being pregnant with a child not from her husband (case study of Decision Number 1478/Pdt.G/2022/PA.Kng). The research method employed is a qualitative approach with the type of field research. Data collection techniques used in this study include interviews and documentation. The interview was conducted with the Religious Court Judge of Kuningan who handled the annulment case in Decision Number 1478/Pdt.G/2022/PA.Kng. The findings of this research show, first, that the petition was granted by the judge and the marriage between the petitioner and the respondent was annulled; therefore, the marriage certificate issued by the Office of Religious Affairs no longer holds legal validity, and the judge imposed court costs on the petitioner. Second, the judge’s decision to annul the marriage is in accordance with the provisions of Islamic law, as it was based on considerations of fraud and misunderstanding within the marriage, which are among the factors that justify fasakh or marriage annulment. Moreover, the marriage of a pregnant woman to a man other than the one who impregnated her is not permissible, as only the man responsible for the pregnancy has the right to marry her. This is in line with Article 53 of the Compilation of Islamic Law and the Qur’an, Surah An-Nur verse 3. As a consequence of the annulment decision, the marriage certificate registered at the Office of Religious Affairs is deemed legally invalid, as the marital relationship has been dissolved, thereby restoring both parties to their original status as unmarried.