Return of Dowry in Annulment Of Marriage in Parepare Religious Court (Critical Review of Decision Number: 372/Pdt.G/2019/PA. Pare)

Abstrak

A lawsuit for annulment of marriage accompanied by a demand for the return of dowry is a very rare matter. The simulation of this case led to several differences of opinion such as decision number: 372/Pdt.G/2019/PA. Pare. The element of annulment of marriage is the existence of forced marriage, the plaintiff asks for the entire dowry. The purpose of this study is to examine and analyze 1) Review of dowry returns in marriage annulment cases at the Parepare Religious Court number 372/Pdt.G/2019/PA. Pare.  2) The judge's interpretive approach in granting the demand for dowry return for the annulment of the marriage filed in the Parepare Religious Court. This type of research is  field research that is descriptive qualitative. The approach used is a juridical-normative approach and a sociological approach. The results showed that: 1) The review of the return of dowry in the annulment of marriage refers to the rule of article 149 letter c of the Compilation of Islamic Law that the dowry must be repaid in the event of termination of marriage relations, if the state of qabla dukhul, then the dowry can be returned in half after the decision of annulment of marriage is granted, although the panel of judges argues that by raising a different side the analogy of dowry is returned in its entirety because the wife does not approve the marriage, 2) the judge's interpretive approach in deciding the case of returning the dowry in the annulment of marriage using socio-historical methods that the annulled marriage aborts the dowry obligation, and the identity of the husband and wife who were previously held back to being traces and virgins as a result of the marriage being annulled.