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

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.

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Publication Details

Journal
Hukum Responsif
Published
2024-08-15
DOI
https://doi.org/10.33603/responsif.v15i2.9462
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

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

Astika Nurul Hidayah, Herni Nursheta Resmi
1 links
Hukum Responsif
Marriage and Family Dynamics
article

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

Astika Nurul Hidayah, Herni Nursheta Resmi
article en

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.

Hukum ResponsifVol. 15(2)
Openalex Percentile: Top 53%
Marriage and Family Dynamics
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