THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION

This study aims to find out the legal mechanisms of marriage prevention and cancellation as well as the position of the children in cases of cancelled or prevented marriage. The method used in the writing of this journal is a qualitative method with data collection techniques of literature research...

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Main Author: Zakiah
Format: Article
Language:English
Published: State Islamic University of North Sumatra 2018-03-01
Series:IJLRES (International Journal on Language Research and Education Studies)
Subjects:
Online Access:http://jurnal.uinsu.ac.id/index.php/ijlres/article/view/1492
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author Zakiah
author_facet Zakiah
author_sort Zakiah
collection DOAJ
description This study aims to find out the legal mechanisms of marriage prevention and cancellation as well as the position of the children in cases of cancelled or prevented marriage. The method used in the writing of this journal is a qualitative method with data collection techniques of literature research which is then analyzed within the technique of descriptive analysis. The results of the study indicate that the legal provisions of the mechanism of prevention and cancellation of marriage can be done by applying for the prevention or the cancellation of a marriage to the Court / Religious Court in which the husband or wife resides or where the marriage takes place. The procedure for filing a marriage cancellation is done in accordance with the procedure for filing a divorce suit. The provisions of article 76 of the compilation of Islamic law has guaranteed a legal protection of the child from a cancelled marriage. The compilation of Islamic law also confirms that the cancellation of a marriage will not break the legal relationship between the child and his or her parents. Based on the results of the research, it is fund out that the government needs to pay attention and improve the weaknesses and the lack of regulation in terms of the prevention and the cancellation of marriages.
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spelling doaj.art-c8bb359647914046aed693f55f2220b72022-12-21T23:18:45ZengState Islamic University of North SumatraIJLRES (International Journal on Language Research and Education Studies)2580-67772580-67772018-03-0111612810.30575/2017/IJLRES-2018010409THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATIONZakiah0University of North Sumatra, IndonesiaThis study aims to find out the legal mechanisms of marriage prevention and cancellation as well as the position of the children in cases of cancelled or prevented marriage. The method used in the writing of this journal is a qualitative method with data collection techniques of literature research which is then analyzed within the technique of descriptive analysis. The results of the study indicate that the legal provisions of the mechanism of prevention and cancellation of marriage can be done by applying for the prevention or the cancellation of a marriage to the Court / Religious Court in which the husband or wife resides or where the marriage takes place. The procedure for filing a marriage cancellation is done in accordance with the procedure for filing a divorce suit. The provisions of article 76 of the compilation of Islamic law has guaranteed a legal protection of the child from a cancelled marriage. The compilation of Islamic law also confirms that the cancellation of a marriage will not break the legal relationship between the child and his or her parents. Based on the results of the research, it is fund out that the government needs to pay attention and improve the weaknesses and the lack of regulation in terms of the prevention and the cancellation of marriages.http://jurnal.uinsu.ac.id/index.php/ijlres/article/view/1492MechanismPrevention and CancellationMarriage.
spellingShingle Zakiah
THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
IJLRES (International Journal on Language Research and Education Studies)
Mechanism
Prevention and Cancellation
Marriage.
title THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
title_full THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
title_fullStr THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
title_full_unstemmed THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
title_short THE MECHANISM OF LEGAL MARRIAGE PREVENTION AND CANCELLATION BASED ON ISLAMIC LAW COMPILATION
title_sort mechanism of legal marriage prevention and cancellation based on islamic law compilation
topic Mechanism
Prevention and Cancellation
Marriage.
url http://jurnal.uinsu.ac.id/index.php/ijlres/article/view/1492
work_keys_str_mv AT zakiah themechanismoflegalmarriagepreventionandcancellationbasedonislamiclawcompilation
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