Perlindungan Hukum Terhadap Hak Anak Dari Perkawinan Sedarah Dalam Perspektif Hukum Islam dan Hukum Positif (studi Kasus Perkawinan Sedarah Di Kecamatan Meral Kabupaten Karimun)

Yunita, Amelia (2019) Perlindungan Hukum Terhadap Hak Anak Dari Perkawinan Sedarah Dalam Perspektif Hukum Islam dan Hukum Positif (studi Kasus Perkawinan Sedarah Di Kecamatan Meral Kabupaten Karimun). Other thesis, Universitas Islam Riau.

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Abstract

Marriage is a life together between a man and a women who has fulfilled certain conditions. Family life can occur because of a legitimate marriage, both based in state law and applicable statutory provisions, so that a harmonious, peaceful and inner and outer life will be created that is desired by every human being. Marriage carried out in violation of the provisions on the prohibition of marriage and the compilation of marriage Islamic Law is deemed invalid by religion and state law so that it can be carried out with the cancellation of marriage. Inbreeding is a marriage performed by two people who have blood relation both blood relation to the side up or down. The main problem of the research studied is how to protect the rights of children from inbreeding in the perspective of Islamic Law and State Law. And what is the position status of children from marriage according to Law No. 1 of 1974 concerning Marriage and Compilation of Islamic Law. The research method used in this study is to use census method because the population is small or small, allowing the author to use the populations as a whole by using data collections tools using interviews and observation. The results of this study are legal protection of the rights of children from inblood marriages, namely children born form legal or illegitimate marriages must obtain legal protention and must obtain good growth and development. If the childs is legitimate or illegitimate, the child must get a decent life so that in the future they can take responsibility for themselves, their family and society. The position of the child from this blood marriage is that the child is a child of adultery because in the marriage of his parents there is a prohibitions on marriage so that the marriage of this parents is considered illegal. In contrast, if both parents do marriage with an omission, the child is considered a legitimate child.

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