| dc.description.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. | en_US |
