Analisis Status Anak Dari Perkawinan yang dibatalkan karena wali Palsu persepektif hukum Islam dan hukum positif di KUA Lubai Ulu

Abstract

A fake marriage guardian is a violation of the legal requirements of a marriage that can be the reason for the marriage to be annulled and raise problems regarding the status of children born from the marriage. This study uses qualitative research with a statute approach. The results of the study conclude that according to Article 28 paragraph (2) letter a of the Marriage Law, the status of children in a marriage that is annulled due to a falsified marriage guardian remains legitimate as the child of the husband and wife whose marriage has been annulled. According to the perspective of Islamic law, Imam Syafi'I views that the status of children resulting from a marriage annulled due to a fake guardian is invalid, because a woman's marriage must be with the permission of a legal guardian. However, the author views this problem from the perspective of maqasid al-shariah. Maqasid al-shariah requires humans to protect the offspring of a marriage, so that children born from an annulled marriage are still considered legitimate children and both parents are obliged to protect and shower affection on the child..