Kedudukan Anak Yang Lahir Luar Kawin Dari Perspektif Hukum Islam Pada Desa Lubuk Siam Kecamatan Siak Hulu Kabupaten Kampar

Rizaldi, Rizaldi (2022) Kedudukan Anak Yang Lahir Luar Kawin Dari Perspektif Hukum Islam Pada Desa Lubuk Siam Kecamatan Siak Hulu Kabupaten Kampar. Other thesis, Universitas Islam Riau.

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Abstract

Society and law have long discriminated against children out of wedlock. This causes children out of wedlock to get a negative stigma in their daily lives. People call it by various terms such as: “illegitimate child”, “haram bastard”, “kowar child”, “astral child” and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. The problem is what is the position of children born out of wedlock from the perspective of Islamic law? And to what extent is the protection of children born out of wedlock from the Perspective of Islamic Law? The research method is normative empiries, namely by analyzing literature from books, journals and articles, as well as newspapers. Sources of law in the form of secondary and primary legal sources which are then analyzed systematically about the main problems of research. The results of the study can be concluded that the position of children out of wedlock according to the Marriage Law no. 1 of 1974 in Article 43 paragraph 1, children out of wedlock only have a civil relationship with their mother and their mother's family. The legal paradigm provides protection for the rights of illegitimate children that are not related to the applicable regulations on the rights of illegitimate children, the biological paradigm in relation to the thought of the birth of a biological child, and the sociological paradigm with respect to the recognition of illegitimate children in society. To overcome this problem, it is recommended to understand and conduct an analysis and review of the status and form of protection.

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