Maqasid Forum
Vol. 1 No. 1 (2026): March 2026

Pembatalan Perkawinan Akibat Penipuan Istri Perspektif Maslahah Mursalah: Analisis Putusan PA Lubuk Sikaping

Ana Musrita (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Nofiardi Nofiardi (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
10 Jun 2026

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.

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Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...