The Status of Children Born of Illegitimate Marriages Due to Fake Guardians

Abstract

Marriage annulment or fasakh in Islamic law occurs when a marriage is deemed invalid due to the absence of one of its essential requirements or conditions, or because it is based on a prohibited cause. This study aims to analyze the court decision in case Number: 1322/Pdt.G/2012/PA.Plg concerning the annulment of marriage due to the use of a false guardian (wali palsu). The research focuses on: (1) how Islamic law regulates the role of a guardian in marriage as reflected in the decision, and (2) the legal status of the marriage and the child born from a marriage involving a false guardian. This study employs a library research method, utilizing both primary and secondary sources such as books, journals, notes, and legal documents. The findings reveal that a marriage conducted with a false guardian is void according to Islamic law, as it fails to meet the fundamental requirements of a valid marriage. Nevertheless, a child born from such annulled marriage remains legitimate, with lineage (nasab) recognized from both parents. This is consistent with Islamic legal principles that emphasize the protection of children’s rights. Consequently, the child retains civil rights, including inheritance from both parents, based on kinship ties. In conclusion, although the marriage is annulled due to the false guardian, the status and rights of the child remain safeguarded to prevent any loss of fundamental entitlements.