TINJAUAN HUKUM ISLAM DAN HUKUM POSITIF TERHADAP SETATUS ANAK DALAM PERKAWINAN YANG DI BATALKAN KARENA WALI PALSU DI KUA KECAMATAN MUARA ENIM

Abstract

This study examines the validity of marriages conducted with an invalid or false guardian (wali) and its implications for the legal status of children according to Islamic law and Indonesian positive law. In marriage law, a marital agreement requires the voluntary consent of both parties and the fulfillment of legal requirements, including the presence of a legitimate guardian as one of the essential pillars (rukun) of marriage. When a marriage is later found to contain legal defects—such as the use of an unlawful guardian it may be annulled in accordance with the Marriage Law. This library-based research employs a descriptive qualitative approach by collecting data from literature, legislation, and authoritative sources of Islamic law. The findings show that under Islamic law, a marriage performed with a false guardian is considered invalid; however, children born from such a union remain affiliated with their biological father if the marriage occurred under the assumption of validity (syubhat). In Indonesian positive law, based on the Constitutional Court Decision No. 46/PUU-VIII/2010, children born from an annulled marriage maintain civil relations with their biological father as long as paternal lineage can be proven scientifically. Both legal systems share the principle that children must not suffer consequences resulting from the mistakes or negligence of their parents, thereby ensuring the protection of children’s rights. This study emphasizes the importance of fulfilling the essential elements of marriage and understanding the legal consequences of marriage annulment on the status of children.