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All Journal El-Qisth Jurnal hukum keluarga Islam Jurnal Begawan Hukum
Maotsiqon Azzam Ghiyatsulhaq
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS KEDUDUKAN ANAK LAHIR DI LUAR NIKAH TANPA WALI NASAB DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DI INDONESIA Arasuli, Rosihah; Maotsiqon Azzam Ghiyatsulhaq; Putri Andini; Nadya Arafah Zahra; Dzakiyatul Qowiy Bathin
Jurnal Hukum Keluarga Islam El-Qisth Vol. 9 No. 01 (2026): Juni, Jurnal Hukum Keluarga Islam El-Qisth
Publisher : Prodi Hukum Keluarga Islam IAI Uluwiyah Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47759/42m90j42

Abstract

The study assessed the legal positions of children born without legal marriage and without a guardian nasab, from an islamic family's legal perspective in Indonesia. The study is set against the rising practice of siri marriage as well as the juridical effect on the child's position of a relationship that is not officially recognized by the state. Research methods used are descriptive with constitutional and conceptual approaches, and data collection through literature studies involving legislation, literacy, and judicial decisions. Studies have shown that according to islamic law, children born outside of marriage are only nasab related to mothers. However, in Indonesia's positive laws, as evidenced in ruling constitutional court number 46/ puu-viii /2010, the child can obtain legal recognition from his biological father if it is supported by a legitimate instrument of evidence. If the child has no guardian, then the role of guardian can be performed by the guardian of the judge according to the provision of islamic law to ensure the legitimacy of marriage. The study asserts that while the positions of an illegitimate child differ from the legal child, such rights as livelihood, education, and legal recognition remain protected by both islamic and national law.
Usia Nikah dalam Perkawinan Maotsiqon Azzam Ghiyatsulhaq; Putri Andini; Hafiz Gilman Abdul Aziz; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.165

Abstract

Many marriages occur when a person is not old enough. Therefore, under Islamic law and Indonesian law the restriction of marriage age is a ijtihad stipulation. In this study we will discuss the boundaries of marriage age in a perspective on Islamic law and law in Indonesia. This type of study is literature research. From this study, the restriction on the marriage age of men and women is equivalent to 19 years old. To define marriage age, methodologs are based on mashlahah methods, thus not contradicting Nash and there is no specific Nash to be referenced for qiyas. The concept of mashlahah muris used to address the question of inclarity of marriage age. Maslahah murexplains that taking on a certain locality may be held asa metaphor for bataa marriage, although there is no detailed explanation in the Nash qur 'an. The so called conformity that is intended is an age limit for marriage established in Islamic law.
Co-Authors Arasuli, Rosihah Dzakiyatul Qowiy Bathin Hafiz Gilman Abdul Aziz Humaeroh Humaeroh Nadya Arafah Zahra Putri Andini