Abstract
Marriage is a common thing in society with ubudiyyah elements in it. However, legal issues often accompany the sanctity of the marriage bond itself, such as the cancellation of a marriage due to an element of coercion from a third party. Article 71 Compilation of Islamic Law (KHI) states that one of the reasons for being able to apply for a marriage cancellation is because of coercion when the marriage took place. The purpose of this study is to analyze the meaning of the phrase "coercion" as a reason for annulment of marriage and its accompanying legal implications. This type of research is classified as normative-empirical legal research using a statutory approach and a conceptual approach plus a sociological approach as a tool. This research refers to a variety of primary, secondary and tertiary legal materials compiled and traced through literature studies and interviews with judges of the Religious Courts. The legal materials that have been collected are then analyzed descriptively and analytically. The results showed that what is meant by coercion in marriage is a marriage that occurs not because of one's own will or feels that he is under threat. As a form of legal consequence, annulment of a marriage by force is different from divorce, where the marriage bond that occurred before the breakup of the marriage is considered never to have occurred.
Highlights
Marriage according to Law Number 1 of 1974 concerning Marriage is an outer and inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead.1 In another sense, it is stated that marriage is a contract that justifies association and limits rights and obligations as well as mutual assistance between a man and a woman who are both not mahram.2The Compilation of Islamic Law (KHI) provides a definition of marriage with several additional explanations, as follows: "Marriage according to Islam is a marriage that is a strong contract to obey Allah's commands and carry it out is worship"
The expression of a very strong contract or mithaqan ghaliza is an explanation of the expression "inner and outer bond" contained in the formulation of the Act which means that the marriage contract is a civil agreement
Forced marriages usually occur by parents to their children by forcing them to marry according to their parents' choices, which according to their parents are good
Summary
Marriage according to Law Number 1 of 1974 concerning Marriage is an outer and inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead. In another sense, it is stated that marriage is a contract that justifies association and limits rights and obligations as well as mutual assistance between a man and a woman who are both not mahram.2The Compilation of Islamic Law (KHI) provides a definition of marriage with several additional explanations, as follows: "Marriage according to Islam is a marriage that is a strong contract (miitsaqan ghalizhan) to obey Allah's commands and carry it out is worship". Marriage according to Law Number 1 of 1974 concerning Marriage is an outer and inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead.. Marriage according to Law Number 1 of 1974 concerning Marriage is an outer and inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead.1 In another sense, it is stated that marriage is a contract that justifies association and limits rights and obligations as well as mutual assistance between a man and a woman who are both not mahram.. The phrase "to obey Allah's commands and carry them out is worship" is an explanation of the phrase "based on the One Godhead" in the Law. This further explains that marriage for Muslims is a religious event and carrying it out has carried out acts of worship.
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