Kawin Paksa Sebagai Pertimbangan Cerai Gugat Menurut Hukum Islam dan UU. No. 1 Tahun 1974 (Studi Putusan No. 2821/Pdt.G/2020/PA.BL)

Abstract

Arranged marriages carried out by parents or forced marriages will at least influence several possibilities that occur in domestic life which will later trigger separation between the two. In the case of the Blitar PA Decision Number 2821/Pdt.G/2020/PA.BL dated 23 September 2020 between Balqis Maulud Diana as the plaintiff and Fatih Diyaul Falah as the defendant, researchers found a divorce case which was initially based on arranged marriage. This research will discuss review of Islamic law and UU. No. 1 of 1974 in Blitar PA Decision Number 2821/Pdt.G/2020/PA.BL dated 23 September 2020. This research uses a normative legal approach, also known as doctrinal law, where the law is viewed in written form (law in book), court decisions, and norms that live in society. The data collection method involves literature study of various primary, secondary and tertiary legal materials, such as laws, official treatises, legal journals and expert views. Data analysis was carried out using a prescriptive approach, where the research results will be used to provide an assessment or prescription of the legal facts studied, using a review of Islamic law and Law Number 1 of 1974 concerning Marriage. The results of the illegal birth show that coercion in marriage, both for the child of a prostitute and a widow, is prohibited in Islamic law. A marriage contract that takes place without the exception of the child is illegitimate and the child has the right to apply for an annulment (faskh). In the case of Balqils Maulud Dilana and Fatilh Dilyaul Falah, the divorce occurred because of coercion by Fatilh's parents regarding their legal proceedings. In the Bliltar PA Decision Number 2821/Pdt.G/2020/PA.BL, it was seen that the divorce between husband and wife occurred because of the coercion of marriage between the two parents to divorce and ultimately led to marital disharmony. The judge granted the petitioner's divorce lawsuit based on Article 116 letter (f) of the Compilation of Islamic Law, because there was no hope of living in harmony again in their married household. Even though the judge tried to reconcile the two of them, it was to no avail. Keyword: Islamic law, forced marriage, divorce