Qanun : Jurnal Hukum Keluarga Islam
Vol. 2 No. 1 Mei 2024 "Contemporary Family Law Issues: Early Marriage, Child Custody, and the Impact

The Influence Out-Of-Wedlock Birth on Child Custody in Gunungkidul, Yogyakarta: A Sosio-Legal Analysis

Krismono, Krismono (Fakultas Ilmu Agama Islam Universitas Islam Indonesia)
Dzulfikar Rahman, Rabik (Fakultas Ilmu Agama Islam Universitas Islam Indonesia)



Article Info

Publish Date
30 May 2024

Abstract

This study explores the impact of out-of-wedlock births on child custody rights in Gunungkidul, Yogyakarta through a socio-legal approach. In this area, out-of-wedlock pregnancies are common among teenagers, creating social and legal challenges in regulating child custody rights. Using qualitative case study research, data were gathered through interviews and literature review. The main findings indicate that the unclear status of children and the teenagers' lack of preparedness in facing pregnancy significantly impact the legalization process and increase social stigma towards both teenagers and their children. The study reveals deficiencies in sexual education and social support, as well as a mismatch between social values and the existing legal framework. Recommendations include urgent policy reforms to prioritize children's rights and provide greater protection for teenagers. Expanded strategies for sexual education and socialization are also recommended to prevent out-of-wedlock pregnancies. The implications of these findings are expected to improve legal practices and social handling related to the custody rights of children born from out-of-wedlock relationships in Gunungkidul, Yogyakarta.

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Journal Info

Abbrev

qanun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both ...