International Journal of Humanities Education and Social Sciences
Vol 2 No 3 (2022): IJHESS-DECEMBER 2022

Unrecorded Marriage Heart Rights According To Positive Law And Islamic Law

Muhammad Yusuf Siregar (Pascasarjana UINSU Medan)
Nurhayati (Pascasarjana UINSU Medan)
DhiauddinTanjung (Pascasarjana UINSU Medan)



Article Info

Publish Date
16 Dec 2022

Abstract

The problem in this research is related to the importance of marriage registration. In addition to its substance to realize legal order, it also has preventive benefits for both parties. Marriages that are not recorded will have a negative impact (loss) on the wife, children, and/or husband. By law, as the wife of a marriage that is not recorded, it is considered an illegitimate husband and wife. The wife is not entitled to a living, inheritance and other assets in the event of separation or death because the marriage is considered to have never occurred. The formulation of the research problem is First, how is the impact of unregistered marriage laws for children according to positive law and Islamic law, second, how are the legal solutions offered for marriages that are not registered according to positive law and Islamic law. The research method used is normative juridical and comparative law to analyze legal problems that refer to legal norms contained in legislation and court decisions as well as solutions offered in dealing with these problems.

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Journal Info

Abbrev

ijhess

Publisher

Subject

Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences Other

Description

International Journal Of Humanities Education and Social Sciences (IJHESS) is to provide a research medium and an important reference for the advancement and dissemination of research results that support high-level research in the fields Culture of Education and Social Science Research . Original ...