Akibat Hukum dalam Sebuah Perkawinan Suami Istri jika Salah Satunya Mengalami Gangguan Jiwa menurut Perspektif Hukum Islam

This study discusses the legal consequences in a marriage between husband and wife if one of them suffers from mental disorders according to the perspective of Islamic law. This study uses a normative legal research type with a statutory approach and theories related to the legal consequences of a marriage between husband and wife where one of them suffers from mental disorders, then analyzed using secondary and primary data. The results of this study found that according to the perspective of Islamic law, if the disability experienced by one of the husband and wife in this case is called a mental disability (mental disorder), there are two types, namely viewing the right of khiyar for the injured party, namely by choosing between continuing their marriage with the willingness of their partner's condition who suffers from mental disorders and the consent of their guardian or canceling it (fasakh). Meanwhile, according to the Marriage Law and the Compilation of Islamic Law, there are no articles that specifically regulate the legal consequences of marriage because one of the partners suffers from mental disorders. However, this can be done by submitting a marriage annulment (fasakh) by the parties concerned to the Religious Court on the grounds that the mentally ill person can cause harm and suffering to their normal partner and the purpose of marriage is not achieved, and if after the marriage there is fraud regarding the partner who suffers from a mental disorder, the marriage can be annulled as stated in the Marriage Law Article 27 paragraph (2) and KHI Article 72 paragraph (2). While in the Marriage Law Article 39 paragraph (2) that mental disorders can be used as a reason for divorce to the court because one of the parties or partners cannot carry out their obligations as husband/wife. So the difference between marriage annulment and divorce lies in when the mental disorder experienced by one of the partners appears. If it occurs before the marriage is carried out, it results in the annulment of the marriage because there has been a misunderstanding. However, if it occurs after the marriage is carried out, it results in divorce because it is not the result of misunderstanding. In addition, another difference between the two is the time the application is submitted to the court. If the marriage lasts less than 6 months, an application for annulment of the marriage is used. However, if the marriage has lasted more than 6 months then a divorce petition is used. This research also examines Islamic legal considerations in determining child custody if one of the parents experiences mental disorders. This study will analyze the concept of hadhanah in Islam, as well as the factors that are taken into consideration in determining who has the right to care for children. Apart from that, it will discuss the implications of mental disorders experienced by parents on children's welfare and legal protection efforts for children's rights.