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Implikasi Perceraian Orang Tua Terhadap Moral Anak Prespektif Teori Anomie Emile Durkheim Kabul Wiono; Yasir Fauzi, Mohammad; Dharmayani
Kartika: Jurnal Studi Keislaman Vol. 6 No. 2 (2026): Kartika: Jurnal Studi Keislaman (May)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i2.737

Abstract

Parental divorce has multidimensional impacts on children's moral development, yet studies integrating Islamic Family Law and Émile Durkheim's Anomie Theory remain limited. This research aims to analyze the implications of parental divorce on children's morality from the perspective of Islamic Family Law and to explain this phenomenon through the framework of Émile Durkheim's Anomie Theory. This study employs a qualitative approach using library research method, analyzing various relevant literature ranging from legislation, statistical reports, scientific journals, to Durkheim's classical works. The findings reveal that parental divorce triggers anomie conditions manifested in three patterns of implications: normative crisis, socio-emotional isolation, and deviant behavior. Islamic Family Law, through the concepts of hadhanah and maqashid al-syari'ah, offers a comprehensive framework for protecting children's morality, yet its implementation requires a more holistic reformulation. This study recommends strengthening mandatory mediation mechanisms, family restoration programs, and integrated post-divorce supervision.
Determination of the Tanjung Karang Religious Court on the Origin of Children Outside of Marriage from the Perspective of Islamic Family Law (Study of Decision Number 115/Pdt. P/2024/P. Tnk) Sukron Amin; Mohammad Yasir Fauzi; Akhmad Ikhwani
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7824

Abstract

This study examines the legal status of children born from unregistered (sirri) marriages, namely marriages conducted according to religious law but not officially registered with the Office of Religious Affairs (KUA). The absence of official registration frequently results in such children being categorized as children born outside lawful marriage, thereby creating legal problems related to their status, identity, and civil rights. This research discusses the legal position of children born from unregistered marriages, forms of legal protection through judicial determination of lineage, and judges' considerations in deciding such cases based on Islamic Family Law. The study aims to analyze the legal status of children, examine legal protections available through the determination of lineage, and explain the legal reasoning applied by religious court judges. This research employs a normative juridical method using a library research approach. Primary data were obtained from the Decision of the Tanjung Karang Religious Court Number 115/Pdt.P/2024/PA. Tnk, Law Number 1 of 1974 concerning Marriage, Constitutional Court Decision Number 46/PUU-VIII/2010, and the Compilation of Islamic Law. Secondary data were collected from books, academic journals, and relevant previous studies. The findings indicate that the legal status of children may be strengthened through judicial determination of lineage in religious courts, which serves as the basis for recognizing civil relations with biological parents and issuing birth certificates. Nevertheless, the court ruling still classified the child as born outside a legally recognized marriage. From the perspective of Islamic law, the child's civil rights remain primarily limited to the mother and the maternal family.