婚姻无效是由于身份欺诈引起的

Bela Sari Dewi
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引用次数: 0

摘要

根据第70章的《伊斯兰教法汇编》,婚姻关系的决定也可以通过结婚或通过废除婚姻的方式来实现,其中婚姻的取消是由于违反或禁止婚姻造成的,而禁止显示损害,或被禁止的事情,如不符合家庭和谐中婚姻的要求和支柱。班达亚齐伊斯兰教法院的一个婚姻无效案件是编号:99/ ptt . g /2019/MS.Bna的案件。在这种情况下,作为申请人的丈夫提出取消婚姻的请求,因为作为被告的妻子已经结婚,并从被告的一个家庭那里听到了这一消息。在结婚之前,申请人知道被告从未结过婚或者是处男。然而,在法官的判决中,被告的请求被批准了。在撰写本文时,问题是班达亚齐市叙利亚法院在第99/Pdt.G/2019/Ms。关于因伪造身份而申请取消婚姻的问题,以及法官在决定中考虑的依据是什么。伊斯兰教法对班达亚齐市伊斯兰教法法院法官的裁决有何看法?在第99/Pdt.G/2019/Ms。关于因伪造身份而申请撤销婚姻的Bna。所采用的方法是图书馆研究法与实地研究法(实地研究法)相结合。研究结果表明,在决议号:99/Pdt.G/2019/MS.Bna。法官接受了申诉人丈夫提出的取消婚姻的申请,因为妻子伪造了自己的身份或处女身份,但在妻子的家人知道她已与前夫结婚一年并且是寡妇之后。基于对班达亚齐市伊斯兰教法法院对第99/Pdt.G/2019/Ma.Bna号案件判决的伊斯兰教法分析。关于因伪造身份而导致婚姻无效。裁判团接受判决的决定可能会在未来造成很大的损害,比如增加双方的痛苦。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Pembatalan Perkawinan Disebabkan Pemalsuan Identitas
Based on the Compilation of Islamic Law in chapter 70, the decision of the marriage cord can also be made possible by marriage or by means of annulment of marriage, where the cancellation of marriage is caused by a violation or prohibition of marriage, while the prohibition to show damage, or something that is prohibited such as not meeting the requirements and pillars of marriage in domestic harmony. One of the cases of annulment of marriages at the syar'iyah court of Banda Aceh is the case with Number: 99/Pdt.G/2019/MS.Bna. In this case the husband as the applicant submits a request for annulment of marriage because the wife as the respondent is already married and heard the news from one of the respondent's family. Prior to marriage, the applicant knew that the respondent had never been married or was a virgin. However, in the judge's decision, the defendant's request was granted. In writing this thesis, the problem is how is the decision of the Syar'iyah Court of Banda Aceh City in case number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification and what is the basis for the judge's consideration in the decision. What is the view of Islamic law on the decision of the judges of the Banda Aceh City Sharia Court and the basis for legal considerations in case Number 99/Pdt.G/2019/Ms.Bna regarding the application for annulment of marriage due to identity falsification. The method used is using the library research method with the field method (rleid research). The results of the study show that in the decision number: 99/Pdt.G/2019/MS.Bna. The judge accepted the application for annulment of marriage submitted by the Petitioner's husband because the wife had falsified her identity or virgin status, but after it was known by the wife's family that she had been married for one year with her ex-husband and was a widow. Based on the analysis of Islamic law on the decision of the Banda Aceh City Sharia Court in deciding case Number 99/Pdt.G/2019/Ma.Bna. regarding the annulment of marriage due to identity falsification. the decision of the Panel of Judges in accepting the decision can cause a lot of damage in the future, such as adding to suffering for both parties.
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