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All Journal Nizham Journal of Islamic Studies EDUKASI : Jurnal Penelitian dan Artikel Pendidikan
Handayani, Puji Tri
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Religion Education Languange, Linguistic, Communication & Media Mathematics

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Journal : Nizham Journal of Islamic Studies

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Financial Responsibility for Out-of-Wedlock Children by Underage Parents: An Islamic Law and Indonesian Legislative Perspective handayani, Puji Tri; Nurhayati, Agustina; Pradikta, Hervin Yoki
Nizham Jurnal Studi Keislaman Vol 13 No 02 (2025): Nizham: Jurnal Studi Keislaman
Publisher : Pascasarjana IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nizham.v13i02.11678

Abstract

Out-of-wedlock pregnancies involving underage parents create complex legal, social, and moral challenges, particularly concerning the financial responsibility for children born from such relationships. This issue is crucial, as out-of-wedlock children constitute a vulnerable group entitled to legal protection, including the fulfillment of their basic needs, while underage parents do not yet possess full legal capacity. This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings reveal that under Islamic law, financial responsibility for out-of-wedlock children is normatively borne by the mother, as there is no recognized lineage (nasab) with the biological father. Meanwhile, Indonesian legislation—through Constitutional Court Decision No. 46/PUU-VIII/2010—has opened the possibility of establishing a civil relationship between an out-of-wedlock child and the biological father, including the obligation to provide financial support. This study recommends strengthening regulations and developing a more responsive family law model that upholds children’s rights while considering the sociological conditions of underage parents.
Co-Authors Agustina Nurhayati Hervin Yoki Pradikta Sari, Yofita Waluyo Hadi