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All Journal Hukum Islam Jurisprudentie MAHKAMAH: Jurnal Kajian Hukum Islam Jurisprudence Unram Law Review Jurnal Ilmiah Hukum LEGALITY Sociological Jurisprudence Journal Legal Standing : Jurnal Ilmu Hukum Jurnal Hukum Prasada Jurnal Inovasi Ekonomi Jurnal Yustisiabel
Hari Sutra Disemadi
Diponegoro University
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Hukum Islam

 1 
ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE HARI SUTRA DISEMADI
Hukum Islam Vol 19, No 2 (2019): HUKUM TATA NEGARA, KELUARGA DAN EKONOMI SYARIAH
Publisher : Fakultas Syariah dan hukum Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/jhi.v19i2.7534

Abstract

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.
Co-Authors Ali Ismail Shaleh Barda Nawawi Arief Blasius Mau Kau Budi Santoso Candra Ulfatun Nisa Eko Soponyono Kartika Sasi Wahyuningrum Konstantin Gubanov Marthsian Yeksi Anakotta Mochammad Abizar Yusro Ninik Zakiyah Nyoman Serikat Putra Jaya Paramita Prananingtyas Raden Ani Eko Wahyuni Rahmadia, Fitriani Virginia Garcia Wizna Gania Balqis Y Yusriadi Yusriadi Yusriadi Zeehan Fuad Attamimi