Journal of Law, Society, and Islamic Civilization
Vol 2, No 2: Oktober 2014

PERKAWINAN BAWAH TANGAN (ANAK LUAR KAWIN) MENURUT HUKUM ISLAM

Noor Arini Haq (Fakultas Hukum Universitas Sebelas Maret Surakarta)
Rosikhoh Umdatul Ulya (Unknown)



Article Info

Publish Date
10 Apr 2021

Abstract

Islamic law had different views with positive law in terms of the definition lawful marriage. In islamic law, marriage said to be valid if has qualified and made it so pillars, so there are no additional terms as set forth in positive law (Act No. 1 of 1974 about marriage), as the marriage valid if the set that has been noted to the Institution of marriage Registrar. Difference in this view then impacted the setting will be the “nasab” (relationship) to the mating with her parents, and heir on the rights of the child marriage. Islamic law stipulates that children outside of marriage not only has “nasab” by her mother and her mother's family. The child is also not entitled to obtain the right heir of his father. Nevertheless, based on the ruling of the Constitutional Court No. 46/PUU-VIII/2010 children outside marriage can still obtain his rights along can be proven through medical and medical apparatus that dad in question is indeed his biological father realilty is.

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Journal Info

Abbrev

JoLSIC

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in JoLSIC deal with a broad range of topics in the fields of law in general, but the main focus are in the Customary Law and Islamic Law provisions. The purpose of this journal is to promote research and studies on the topic of Islamic Law and Customary Law. ...