Qisthosia
Vol. 6 No. 1 (2025)

The Child's Civil Relationship under Indonesia's Compilation of Islamic Law: Reconciling Legal Legitimacy, Biological Paternity, and Guardianship Obligations

Astuti, Widia (Unknown)
Sri Wahyuni Ningsi (Unknown)
Hamzah (Unknown)



Article Info

Publish Date
01 Jul 2025

Abstract

This study analyzes the determination of a child's civil status (including lineage, inheritance, guardianship, and marriage) under the Compilation of Islamic Law (KHI), by identifying inconsistencies within its provisions. The analysis applies legal interpretation to specific articles of the KHI. Article 53 paragraph (1) of the Compilation of Islamic Law states that a woman who is pregnant outside of marriage may be married to the man who caused the pregnancy. However, from a linguistic perspective, the use of the word may in Article 53 paragraph (1) opens the possibility for interpretation that another man, not responsible for the pregnancy, may also marry the pregnant woman. As a consequence, a man who is not the biological father of the child may still acquire a civil legal relationship with the child due to his legal marriage to the mother. Although not the biological father, the man’s legal status toward the child born from his wife is recognized in civil law. This interpretation aligns with the Constitutional Court Decision Number 46/PUU-VIII/2010, which reinterprets Article 43 paragraph (1) of the Marriage Law. Furthermore, Article 53 paragraph (1) of the Compilation of Islamic Law opens new opportunities for the recognition of civil status of children born from unregistered marriages or from the marriage of a pregnant woman to a man who is not the biological father.

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Journal Info

Abbrev

qisthosia

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental ...