USRAH: Jurnal Hukum Keluarga Islam
Vol. 2 No. 1 (2021): April

STATUS OF CHILDREN OUT OF MARRIED IN FIQIH PERSPECTIVE AND POSITIVE LAW IN INDONESIA

Annisa Fuji, Felly (Unknown)



Article Info

Publish Date
03 Dec 2020

Abstract

Children are a gift from Allah SWT. that given to human. Grace that should be guarded, guided, loved and nurtured by faith and piety. In Indonesia, children are very much protected from their rights and positions. In Law Number 1 of 1974 concerning Marriage, the position of children consists of legitimate children and children outside of marriage. In Law No.1 of 1974 concerning Marriage, it is explained that a legitimate child is a child born in or as a result of a legal marriage (article 42 of Law No.1 of 1974). Meanwhile, children outside of marriage are regulated in article 43 of Law no. 1 of 1974 paragraph (1) Children born out of wedlock only have a civil relationship with their mother and their mother's family. Paragraph (2) The position of the child referred to in paragraph (1) above will further be regulated in a Government Regulation. The birth of a child outside of marriage is not only caused by a relationship outside of marriage, in certain circumstances it can also give birth to a child outside of marriage, such as a marriage that is carried out by custom or by religion only and is not registered in accordance with the laws and regulations in force in Indonesia

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...