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All Journal International Journal of Educational Research and Social Sciences (IJERSC)
Edy Sanjaya
Faculty of Law, University of 17 August 1945 Semarang, Indonesia
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Interfaith Marriage And Its Legal Consequences For Children Born According To Islamic Law Indira Hastuti; Edy Sanjaya; Budi Prasetyo
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.303

Abstract

Interfaith marriages, which are widely practiced in society, will, in the long term, have a social and psychological impact on children born to these couples. In contrast, in terms of legal aspects, they certainly have legal consequences for children born to couples of different religions. The purpose of this study was to determine the legal implications of interfaith marriages for children born according to Islamic law. Methods This study uses a normative juridical method by reviewing various literature relevant to the studied theme. Data was collected through a literature study to find secondary legal materials pertinent to the prescriptive descriptive approach. The study results indicate that the legal consequences of interfaith marriages are invalid marriages, and children born are not permitted according to Islamic law. According to Islamic law, Interfaith marriages have legal implications for children who are born; namely, children are considered as children born out of wedlock. Children born out of wedlock only have a kinship relationship with their mother and their mother's family.
Marriage Law Perspective Against Underage Marriage Budi Prasetyo; Edy Sanjaya; Indira Hastuti
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.304

Abstract

Underage marriages have been happening in Indonesia for a long time, especially in rural communities that are categorized as not yet advanced in their level of education, economy, or because of the local community's traditions. From the perspective of the Marriage Law, this is contrary to the provisions of Article 7 paragraph (1) of Law Number 16 of 2019 and is contrary to the purpose of marriage is to form an eternal family based on God Almighty. Early marriage in adolescents impacts the physical aspect and psychological impact on the perpetrators. The research method is empirical juridical research. The research specification in this study is descriptive-analytical. The study results show that the existence of underage marriages, this indicates that Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974, is less effective. Given the existence of underage marriages, many divorces occur because the marriages are carried out by children who are still underage, so they have not been able to carry out the purpose of marriage fully.
Distribution Of Different Religion Legacy According To Islamic Instruction Law (Case Study Of The Supreme Court Decision Number 368 K/Ag/1995) Edy Sanjaya; Indira Hastuti; Budi Prasetyo
International Journal of Educational Research & Social Sciences Vol. 3 No. 1 (2022): February 2022
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v3i1.307

Abstract

The decision of the Supreme Court regarding the granting of wills to non-Muslim heirs is a breakthrough in relation to the inheritance of different religions. It is the consensus of scholars that religious differences (Muslims and non-Muslims) are one of the barrier factors for inheriting. With regard to religious differences, the mandatory will given by the Supreme Court is for non-Muslim siblings. The compulsory intention in KH1 is analogous to adopted children and adoptive parents. Religious differences are still barriers to inheriting each other by seeking a positive step by not limiting the understanding of inheritance law so far. This research method uses a normative juridical approach by reviewing various literature on granting wills to non-Muslim heirs. Data was collected through a literature study with relevant secondary legal materials sourced from statutory regulations, literature, both books, journal articles. Who are Muslim. It is the same with a Muslim who cannot inherit from a non-Muslim.
Co-Authors Budi Prasetyo Indira Hastuti