Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Vol 15 No 2 (2024)

ANNULMENT OF MARRIAGE DUE TO DATA MANIPULATION IN THE PERSPECTIVE OF ISLAMIC LAW AND POSITIVE LAW

Nursheta Resmi, Herni (Unknown)
Hidayah, Astika Nurul (Unknown)



Article Info

Publish Date
15 Aug 2024

Abstract

Abstract Marriage is a sacred bond between a man and a woman whose aim is to form a happy and eternal family based on the Almighty Godhead. However, in practice, sometimes marriages are annulled for several reasons, one of which is due to data manipulation. This research aims to analyze marriage annulments due to data manipulation from the perspective of Islamic law and positive law. The method used in this research is normative juridical, namely the research process of researching and studying law as norms, rules, legal principles, legal principles, legal doctrine, legal theory and other literature to answer the legal problems being studied. The research results show that in Islamic law, data manipulation in marriage is considered fraud (gharar) which can damage the purpose of marriage, so it can be a reason to cancel the marriage. Meanwhile, in positive law in Indonesia, data manipulation in marriage is regulated in the Marriage Law and the Compilation of Islamic Law as one of the reasons for canceling a marriage. So, both in Islamic law and positive law in Indonesia, manipulation of data in a marriage can be a reason to annul a marriage. Keywords: Marriage, Marriage Cancellation, Data Manipulation

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Journal Info

Abbrev

Responsif

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also ...