IBNUL MUBAROK, (2013) KEDUDUKAN ANAK DI LUAR PERKAWINAN DALAM HUKUM PERKAWINAN DI INDONESIA (Komparasi antara KompilasiHukum Islam , Fatwa MUI No.: 11 Tahun 2012 dengan Keputusan MK No.: 46/PUU-VIII/2010 ). Bachelor thesis, IAIN Syekh Nurjati Cirebon.
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Abstract
Law Islam is which during the time comprehended in general, authenticity an marriage very is determining of legal status of borne children. But Lawcourt Constitution in Decision Number 46/PUU-VIII/2010 more emphasizing and making account of confession of eye biologis. Dimiciling child result of adultery nowadays become is equal to child which born from valid marriage relation. Hence, that Lawcourt Constitution decision is assumed is legal of relation outside marrying without feeling concerned about child future. The perception formed by because although is unattached of marriage, child result of adultery relation remain to have maintenace rights, lineage, trusteeship do, marry and heir. The research problem is how the legal status of children born outside of marriage according to Islamic law and the compilation of the laws of marriage? How the legal status of children born out of wedlock by MUI fatwa. 11 In 2012? How comparative study analyzes the position of the child outside of marriage between Islamic law and the compilation of the MUI fatwa No. 11 of 2012 with the decision of the Court: 46/PUU-VIII/2010? The purpose of this study was to determine the legal status of children born outside of marriage according to Islamic law and the compilation of marriage law, to determine the legal status of children born out of wedlock by MUI fatwa. 11 of 2012 and the comparative study analyzes the position of the child outside of marriage between a compilation of Islamic law, the MUI fatwa No. 11 of 2012 with the decision of the Court: 46/PUU-VIII/2010. This study is a qualitative research, literature is descriptive-analytical.. Writer cope to lay open to domicile extramarital child in Islam marriage law in Indonesia according to religious advices of MUI No. 11 year 2012 with MK No 46/PUU-VIII/2010. Despitefully, writer cope to collect data which concerning concept of MUI and of MK about dimiciling extramarital child consisting of their articles data, goodness in masterpieces which have been booked and also which still scatter in internet. This study concludes that by KHI, the Law Marriage and religious advices of MUI, child outside marrying (adultery child) only owning civil relation with its mother and its mother family. As for Lawcourt Constitution differ opinion, MK confess external child marry (result of biologis) as born in wedlock, meaning will have heir relation with its father of him is without having to preceded with authentication and confession, on condition that can be proved by the existence of relation of biologis between father and child of biologis pursuant to and science of tekhnologi, for example passing result of DNA tes. But its implementation of uncommitted field because impinging with KHI and of UU marriage and religious advices of MUI.
| Item Type: | Thesis (Bachelor) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Depositing User: | H. Tohirin S.Ag |
| Date Deposited: | 27 Apr 2017 02:29 |
| Last Modified: | 07 Jun 2017 06:34 |
| URI: | http://repository.syekhnurjati.ac.id/id/eprint/2178 |
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