Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Zulhamidi, Nur Nadhila Syafini Binti
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Husband's Rejection To Children's Lineage After Divorce (Case Study in Kedah Syariah Court): Penolakan Suami Terhadap Nasab Anak Pasca Perceraian (Studi Kasus di Mahkamah Syariah Kedah) Hanapi, Agustin; Achyar, Gamal; Zulhamidi, Nur Nadhila Syafini Binti
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 4 No. 1 (2024): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v4i1.3711

Abstract

The religious scholars have different opinions in determining the maximum period of pregnancy for a woman. Fiqh scholars stated that lineage is one of the strong foundations in building a family life that can bind a person's personality based on blood unity. Islam has laid down guidelines in terms of the conviction of lineage according to Shariah law. This research uses a type of normative research, namely the approach of legal principles, legal theory, court decisions and uses the case approach method. The results of the research show that the husband's rejection of the child's lineage after divorce can be considered by the judge in convicting the child's lineage by examining all aspects and evidence of statements whether oral or written so that it is in line with syariah law and the Islamic Family Law (Kedah). As for if a pillar and condition of marriage is not fulfilled in line with the Sharia, then a wording of the marriage contract is invalid so that it can make the marriage broken (fasid) or the occurrence of dubious intercourse. In line with that, then the status of a child will be doubted by the parties about the legitimacy of his lineage.
Co-Authors Agustin Hanapi Gamal Achyar