Pembatalan Perkawinan dalam Perspektif Hukum Islam dan Kompilasi Hukum Islam (KHI)

Abstract

The annulment of marriage constitutes an essential legal mechanism in both Islamic law and Indonesian positive law to ensure the validity of the marriage contract and to protect the rights of the parties involved. This study examines the concept, legal foundations, grounds, and implications of marriage annulment from the perspectives of classical Islamic jurisprudence and the Compilation of Islamic Law (KHI). In Islamic law, annulment (fasakh) is understood as the dissolution of a marriage contract due to defects in its pillars or conditions, or the emergence of circumstances that cause harm, rendering the contract invalid from the outset. The KHI codifies these principles in Articles 70–76, distinguishing between marriages that are void by law and those that may be annulled through a decision of the Religious Court. The discussion highlights various grounds for annulment, including invalid guardianship, unauthorized polygamy, identity fraud, and administrative violations. Furthermore, the analysis of judicial practice shows that annulment has significant implications for the status of children, marital property, and legal relations with third parties, thereby requiring careful judicial consideration to uphold justice and legal certainty. Thus, marriage annulment functions not only as a corrective measure to an invalid contract but also as an instrument for safeguarding welfare within the family and society.