Analisis Poligami Tidak Disengaja Akibat Error in Factum Dalam Novel Ayat Ayat Cinta 2

Abstract

The purpose of this study is to analyze the validity and legal implications of unintentional polygamy due to factual errors from the perspective of Islamic family law. The research method used is library research with a normative-legal approach. The primary data is the novel Ayat-Ayat Cinta 2, while the secondary data includes classical fiqh books, laws and regulations related to Islamic family law, and relevant contemporary literature. The data analysis technique used is descriptive-analytical qualitative analysis by examining the concept of mafqud in Islamic law and relating it to the case described in the novel. The results of this study indicate that the marriage of the two main characters has legal legitimacy as a putative marriage or nikah syubhat because it is based on good faith and fulfillment of the element of ihtiyat (caution) through a long wait since 2007. The de facto support and permission of the first wife (Aisha), who was in disguise, eliminated the element of mens rea in the act of polygamy. Juridically, the status of this unintentional polygamy ended by law through the death of the second wife (termination by death), while the first wife's act of disguise was categorized as a shar'i excuse due to psychological trauma, so that her personal rights as a wife remained legally protected.