Perlindungan Anak di Luar Nikah dalam Perspektif Hukum Islam dan Hukum Positif

Abstract

Children are gifts that have been given by God to parents who have received this mandate. Therefore, something that concerns children, parents must pay attention. One of them is in child protection. Child protection is very important and must really be considered, especially children born out of wedlock or often referred to as zina. Children born out of wedlock are often viewed differently by the surrounding community because of their parents' backgrounds. The formulation of the problems obtained according to the above background are: What are the rights of children outside of marriage in the perspective of Islamic law? What are the rights of children outside of marriage from a positive law perspective? What is the legal status of protecting children outside of marriage in Islamic Law and Positive Law? The objectives of the problem in this study are: To determine the rights of children outside of marriage in the perspective of Islamic law. To find out the rights of children outside of marriage in a positive law perspective. To find out the legal status of protection of children outside of marriage in Islamic Law and Positive Law. This type of research uses library research (library research). The research method used is analysis using a normative juridical approach. Or that is intended to obtain information about the protection of children outside of marriage in the perspective of Islamic law and positive law based on data collection. The results of the study concluded that according to the Constitutional Court Decision No. 46 / PUU-VIII / 2010 which equates legal status between legitimate children and out-of-wedlock children in relation to civilization. In Islam the rights and obligations of children have been defined. In Islamic law and positive law, parents both have the full obligation to care for and protect their children. Then both parents, family and society have an obligation to nurture, educate, nurture, nurture children according to their abilities. According to. The Syafi'I and the Hanafi school of thought allow marriage for pregnant women outside of wedlock, because according to them, pregnant women outside of marriage have no iddah. According to Imam Maliki and Imam Hambali, both of them agree that the status of the child out of wedlock is only to the mother and the mother's family. This is because it is not allowed for a man to marry a pregnant woman outside of marriage.