Bayan: Jurnal Studi Islam dan Humaniora
Vol. 2 No. 2 (2026): Juli 2026

Prevention and Annulment of Marriage in the Perspective of Islamic Law in Indonesia

Muti'ah Nuha Mumtazah (Universitas Islam Negri Raden Mas Said Surakarta)
Bagas Eka Syahputra (Unknown)
Khoridatul Bahiyah (Unknown)
Muhammad Zufar Al Faruqi (Unknown)
Novita Fitriani (Unknown)
Kholis Firmansyah (Unknown)



Article Info

Publish Date
30 Jul 2026

Abstract

This study demonstrates that the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) has established an integrated system of marriage validity and legal protection through the provisions of Articles 60–97. The validity of marriage is ensured through the mechanisms of marriage prevention and marriage annulment, which function as legal instruments to guarantee that every marriage is conducted in accordance with Islamic principles and applicable legal provisions. Marriage prevention serves as a form of preventive legal protection aimed at avoiding marriages that contain legal defects, while marriage annulment functions as a form of repressive legal protection against marriages that are proven not to fulfill the required conditions and pillars of marriage. In addition to safeguarding the validity of marriage, the Compilation of Islamic Law also provides legal protection for the continuity of family life through the regulation of the rights and obligations of spouses as well as marital property. These regulations reflect the principles of justice, balance, and public welfare (maslahah), which constitute the primary objectives of Islamic family law. Legal certainty regarding the status of husband and wife, as well as the classification of jointly acquired property and individual property, provides protection for the rights of the parties involved while minimizing the potential for disputes within family life. Based on the findings of this study, it can be understood that the provisions of Articles 60–97 of the KHI function not only as legal norms governing family relationships but also as instruments of legal protection that support the realization of families characterized by harmony, justice, and legal certainty. Therefore, efforts to enhance public understanding and effective implementation of these provisions should continue to be promoted among both society and legal practitioners so that the objectives of Islamic family law may be achieved effectively.

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Journal Info

Abbrev

bayan

Publisher

Subject

Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Bayan: Jurnal Studi Islam dan Humaniora is an academic space dedicated to the development of Islamic thought and the dynamics of humanity in various forms of cultural, social, and intellectual expression. This journal invites contributions from academics, researchers, practitioners, and students who ...