Amorti: Jurnal Studi Islam Interdisipliner
Vol. 3 No. 3 Juli 2024: Amorti: Jurnal Studi Islam Interdisipliner

Unregistered marriages in islamic law: Ensuring children's rights amidst legal validity

Sarkanto (Unknown)
Fouad Larhzizar (Unknown)



Article Info

Publish Date
31 Jul 2024

Abstract

This study aims to analyze the validity of Unregistered marriages from the perspective of Islamic law and its impact on children's rights, focusing on the decision of the Singaraja Religious Court Number 17/Pdt.P/2024/PA.Sgr. Unregistered marriages, although valid in Islam, are not legally recognized by the state without official registration. This has various legal implications, especially for children's rights. Children from serial marriages often do not get alimony rights, inheritance rights, and official identity recognition. This study uses a normative legal approach with descriptive analysis to explore the phenomenon of Unregistered marriages and its impact on children's rights from the perspective of Islamic law and positive law in Indonesia. The study results show that the court's determination of a child's origin provides a legal and recognized status, allowing access to rights such as education, health, and inheritance. Awareness of married couples and policy support from the government is needed to protect children's rights and ensure better legal certainty.

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Journal Info

Abbrev

AMORTI

Publisher

Subject

Religion Humanities Education Social Sciences Other

Description

Islam and Philosophy, Islam and History, Islam and Religion, Islam and Political Science, Islam and International Relations, Islam and Psychology, Islam and Sociology, Islam and Anthropology, Islam and Economics, Islam and Law, Islam and Culture, Islam and Health, Islam and Technology, Islam and ...