NIKAH FASID DALAM PERSPEKTIF HUKUM ISLAM (Studi Kasus Desa Laubakeri, Kecamatan Kutalimbaru, Kabupaten Deli Serdang)

Abstract

Marriage is a bond that is very sacred (holy) in Islam, because it is a frame of worship. But in it it is not uncommon for problems to occur due to different desires. The cancellation of marriage in Islamic law is called fasakh which means to destroy or cancel. So fasakh as one of the reasons for the breakup of marriage. Based on the term in Fiqh, a fasid marriage is a marriage that does not fulfill one of the terms and conditions. This research will discuss Fasid Marriage from the Perspective of Islamic Law. The method in this study is a normative and empirical juridical approach to provide a comprehensive, systematic, and accurate picture through an analytical process using legal regulations, legal principles and legal understanding. The specifications in this research are analytical descriptive, namely describing the applicable laws and regulations associated with legal theories as well as positive laws relating to the issues to be discussed. The results of this study indicate that the status and position of fasid marriage according to Islamic law is unlawful. Marriage and its implementing regulations do not expressly state the existence of a fasid marriage institution, there are only articles that regulate the cancellation of marriages and the procedure for requesting an annulment of a marriage. However, the substance in the practice of annulling a marriage that is submitted to a court or a decision that a marriage is annulled by the Religious Courts is due to the lack of harmony and the conditions needed for a marriage to be valid. So that from the above cases it can be examined the implementation of marriage annulment. Both Islamic law and the Law of the Republic of Indonesia allow if there is a fasid marriage and/or parties who are harmed in a marriage with a husband and wife to file a lawsuit for annulment of marriage or a decision to cancel a fasid marriage in the Religious Courts as long as it is in accordance with the rules applicable according to the respective religious laws and the laws of the Republic of Indonesia.