Analisis Hukum Islam Pada Pembatalan Perkawinan Karena Adanya Unsur Penipuan Identitas Dari Pihak Laki-Laki (Studi Putusan : 4756/Pdt.G/2022/PA.Bks)

Astuti, Triyani (2026) Analisis Hukum Islam Pada Pembatalan Perkawinan Karena Adanya Unsur Penipuan Identitas Dari Pihak Laki-Laki (Studi Putusan : 4756/Pdt.G/2022/PA.Bks). Sarjana (S1) thesis, Universitas Islam 45.

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Abstract

This thesis research is motivated by a case of marriage annulment due to identity fraud committed by the groom, as stated in the Bekasi Religious Court decision Number 4756/Pdt.G/2022/PA.Bks. This problem shows that honesty is very important in the marriage process, because identity fraud can cause a flawed will (ridha) in the contract, thus implicating the validity of the marriage. This type of research is normative legal research, using a juridical approach, as well as Islamic law. The data sources used consist of primary legal materials, namely court decisions, as well as secondary legal materials such as the Qur'an, hadith, the Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, and relevant legal literature. Research has found that identity fraud occurred in this case, in the form of the Defendant's claim to be a single man, even though he was married. The judge considered various factors, such as the facts of the trial, the available evidence, and applicable legal regulations, particularly Article 72 paragraph (2) of the Compilation of Islamic Law. From an Islamic legal perspective, this fraud constitutes tadlis, which can undermine the validity of the contract because it eliminates the element of consent (ridha). Therefore, the annulment of the marriage in this case aligns with the concept of fasakh and the principles of maqashid sharia, particularly hifz al-nafs, namely the protection of the life, honor, and rights of women. Therefore, the judge's decision is in line with the principles of Islamic law, which emphasize honesty, justice, and protection for the injured party. Keywords: Annulment of Marriage, Identity Fraud, Islamic Law

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