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All Journal Jurnal Cita Hukum JURNAL CENDEKIA HUKUM SIGn Jurnal Hukum Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam An Nawawi Tasyri' Dame Journal of Law al Hairy | Journal of Islamic Law
Lubis, Rahmad
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Protection and Status of Children Born Outside of Marriage: A Fiqh Perspective Of Indonesia And Brunei Darussalam Khairuddin, Khairuddin; Rini, Etika; Purwaningsih, Titin; Sugianto, Heri; Ismail, Habib; Lubis, Rahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.320

Abstract

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.
Co-Authors Atmo Prawiro Habib Ismail, Habib Helvis, Helvis Heri Sugianto Herlina, Ratna Khairuddin - Machmud, Aris Muhammad Muhammad Mutakin, Ali Nugraha, Iqbal Subhan Nuranisah, Nuranisah Purnama, Desi Purwaningsih, Titin Rini, Etika Shapiulayevna, Aliyeva Patimat Shapiulayyevna, Aliyeva Patimat Sri Dewi Sriani, Arlina Sulaiman, Heri Yunus, Nur Rohim Yusup Hidayat