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All Journal Sahaja : Journal Sharia and Humanities
Musyaffa Amin Ash Shabah
UNIVERSITAS ISLAM "45" BEKASI
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Maqasid Al-Shariah Analysis of Marriage Annulment at the Cikarang Religious Court: A Case Study of Decision Number 1380/Pdt.G/2019/PA.Ckr Ema Damayanti; Suprihatin; Musyaffa Amin Ash Shabah; Agus Supriyanto
Sahaja: Journal Sharia and Humanities Vol. 4 No. 2 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i2.553

Abstract

Marriage annulment due to fraudulent misrepresentation remains a critical yet under-examined phenomenon in Indonesian Islamic family law jurisprudence. This study aims to analyze the judge’s legal reasoning in Decision Number 1380/Pdt.G/2019/PA.Ckr at the Cikarang Religious Court concerning marriage annulment due to spousal fraud, and to evaluate the decision through the lens of maqasid al-shariah theory. This research employs a qualitative approach with normative-juridical legal research design. The primary data source consists of the court decision document, supplemented by statutory provisions and relevant Scopus-indexed scholarly literature. Data were analyzed through content analysis and the maqasid al-shariah framework at three hierarchical levels: daruriyyat, hajiyyat, and tahsiniyyat. The results demonstrate that the judge’s decision exhibits legal coherence with Article 27(2) of the Marriage Law and Article 72(2) of KHI regarding marriage annulment on grounds of fraud. Furthermore, the maqasid al-shariah analysis reveals that the annulment decision fulfills the five essential objectives (al-daruriyyat al-khams): protection of religion, life, intellect, lineage, and property. This study contributes to the growing body of literature on the intersection of Islamic legal philosophy and positive law application in Indonesian Religious Courts.
Maqasid Al-Shariah Analysis of Marriage Annulment at the Cikarang Religious Court: A Case Study of Decision Number 1380/Pdt.G/2019/PA.Ckr Ema Damayanti; Suprihatin; Musyaffa Amin Ash Shabah; Agus Supriyanto
Sahaja: Journal Sharia and Humanities Vol. 4 No. 2 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i2.553

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 sharia 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, in which Respondent 1 covered up her condition of being pregnant before marrying the Applicant and the fetus was another man's child. And in terms of maqoshid sharia, 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.
Co-Authors Agus Supriyanto Agus Supriyanto Ema Damayanti Ema Damayanti Suprihatin Suprihatin