Annulment of Marriage Due to Data Manipulation in the Perspective of Islamic Law and Positive Law
Year: 2024
Type: article
Abstract: Marriage is a sacred bond between a man and a woman that aims to form a happy and eternal family based on God Almighty. However, in practice, sometimes there are marriages that are canceled for several reasons, one of which is due to data manipulation. This study aims to analyze the annulment of marriage due to data manipulation in the perspective of Islamic law and positive law. The method used in this research is normative juridical, which is a research process to examine and study the law as norms, rules, legal principles, legal principles, legal doctrines, legal theories and other literature to answer the legal problems studied. The results show that in Islamic law, data manipulation in marriage is considered as 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 annulling a marriage. So that both in Islamic law and positive law in Indonesia, manipulation of data in marriage can be a reason for canceling a marriage.
Source: Hukum Responsif
Institution: Muhammadiyah University Purwokerto
Language: English
Topic: Marriage and Family Dynamics
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410079418