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All Journal Jurnal Hukum Lex Generalis
Moesa, Aly Maschan
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis terhadap Status Anak dari Nikah Siri dalam Perspektif Hukum Islam dan Hukum Positif Arifin, Samsul; Moesa, Aly Maschan
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1262

Abstract

This study discusses the status of children from unregistered marriages from the perspective of Islamic law and Indonesian positive law. The results of the study show that the two legal systems provide different approaches. Islamic law recognizes children from unregistered marriages as legitimate children who have a blood relationship, rights to support, and inheritance, as long as the marriage meets the pillars and requirements of validity according to sharia. In contrast, Indonesian positive law requires official registration as a form of legal recognition of marriage, so that children from unregistered marriages initially only have a civil relationship with their mother. Although the Constitutional Court Decision Number 46/PUU-VIII/2010 opens up space for recognizing the relationship between children and their biological fathers, complex legal evidence procedures still make it difficult for children to access their legal rights. The difference between the substantial approach in Islamic law and the formal approach in national law creates gaps in legal protection for children. Therefore, it is necessary to harmonize the two legal systems through simplification of marriage confirmation procedures, increasing legal education, and reforming technical regulations to ensure legal certainty and protection of the rights of children from unregistered marriages.
Co-Authors Samsul Arifin