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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study examines Islamic Law and Indonesian Positive Law In Relation to the Protection of the Status and Rights of Children after Marriage Annulment, using the case study of the Tangerang Religious Court Decision Number 1947/Pdt.G/2024/PA.Tng. The main issue of this study is how Islamic law and Indonesian positive law view marriage annulment and its implications for the status and rights of children born from that marriage.
The research method used is normative legal research with a qualitative approach. Research data was obtained through literature studies covering fiqh books, laws and regulations, legal literature, and court decisions. Data analysis techniques were Employed Both descriptively and analytically Utilizing content analysis methods to examine the basis of legal arguments and their juridical implications.
The results of the study show that according to Indonesian positive law, the annulment of a marriage results in the marriage bond being considered as never having existed from the outset. However, children born from such marriages are still considered legitimate and have civil relations with both parents. From an Islamic law perspective, children born from a syubhat marriage still have a lineage to their father and are entitled to maintenance, financial support, and inheritance.
The conclusion of this study confirms that both Islamic law and Indonesian positive law provide guarantees for the protection of the status and rights of children, so that the interests of children remain protected even if their parents' marriage is annulled

100//HPI/2025

100//HPI/2025

Perpustakaan FSH Lantai 4

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