IMPLIKASI HUKUM ISLAM DAN HUKUM POSITIF TERHADAP STATUS ANAK DALAM PERKAWINAN YANG DI BATALKAN AKIBAT WALI PALSU

Abstrak

The annulment of marriage due to the use of a false guardian (wali palsu) constitutes a significant legal issue, particularly concerning the legal status of children born from such marriages. In Islamic law, the presence of a legitimate guardian is one of the essential pillars of marriage, and the absence or falsification of a guardian may render the marriage invalid or void. Meanwhile, Indonesian positive law, especially Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI), regulates marriage annulment while emphasizing legal protection for children born from marriages that are later annulled. This study aims to analyze the implications of Islamic law and positive law on the status of children in marriages annulled due to a false guardian, focusing on aspects of lineage (nasab), civil rights, and child protection. This research employs a normative legal research method using statutory and conceptual approaches by examining Islamic legal sources, statutory regulations, and the opinions of scholars and legal experts. The findings indicate that although the marriage is declared annulled, both Islamic law and positive law tend to uphold the protection of the child’s legal status, affirming that the child retains legal rights, particularly regarding maintenance, education, and overall welfare. Therefore, this study highlights the importance of child protection as a common ground between Islamic law and positive law in addressing marriage annulment due to a false guardian.