Analisis Yuridis Tanggung Jawab Ayah Kandung Terhadap Nafkah Anak Setelah Perceraian

Alauddin, Andi

doi:10.47435/al-ahkam.v1i1.96

Cited by 2 publications

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“…But a marriage can't be said to be perfect if the husband and wife in the marriage have not yet blessed with children. If a kid is conceived from the marriage, at that point law relations will emerge between the children and the parents based on Article 45 of Law Number 1 Year 1974, law consequences between parents and children raises obligations for parents, one of them is the responsibility to care for and educate their children until they are independent (Alaudin, 2018).…”

Section: Introductionmentioning

confidence: 99%

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

Cholis

2020

ACLJ

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The problems regarding the legal standing of an out-of-wedlock child that demands inheritance rights from both biological parents. The purpose of this thesis are to find out about the legal standing regarding the relationship between out-of-wedlock children and how the inheritance rights of an out-of-wedlock child in the distribution of inheritance by both biological parents are related to the Constitutional Court Decision Number 46/PUU-VIII/2010 in terms of civil inheritance law. The type of research used in this journal is Normative Juridical. The problem approaches used in writing this paper are the Statutory Approach and the Conceptual Approach. The legal material used is primary legal material and secondary legal material. This research of the problem after the Constitutional Court's Decision Number 46/PUU-VIII/2010 can be concluded that the out-of-wedlock child has not only a civil relationship with his mother but also with his biological father if he/she can prove it with science and technology and in inheritance issues, the child out of wedlock in terms of civil law must be recognized by his biological father so that he/she can become an heir, but with the Constitutional Court Decision Number 46/PUU-VIII/2010, the out-of-wedlock child can get not only a share of the inheritance from his mother who is without recognition but also inheritance from his/her biological father if it is proven to have a civil relationship as evidenced by science and technology

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Section: Introductionmentioning

confidence: 99%

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

Cholis

2020

ACLJ

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Problem of Determining Past Income for Children in Court the Decisions

Lisa

2023

J. Progressive. Law. legal. Stud.

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The data obtained were then analyzed using the content analysis method. Decision Religious shows that the legal basis for refusing claims for māḍiyah maintenance for children in divorce is legal considerations as considered by the Supreme Court in its decision rejecting lawsuits for past maintenance for children, namely that the father's obligation to provide for his child is lil-intifā’, not lit -tamlīk, then a person's negligence fathers who do not provide for their children cannot be sued. This leads to injustice because māḍiyah maintenance is not granted to children. This will certainly be detrimental to the life and welfare of the child, who in other circumstances can become a shield for a father who neglects to provide for his child. Māḍiyah's livelihood is a form of protection for the rights of divorced women and children born during a marriage. This is in line with the verses of the Koran and hadith which talk about the obligation of a father to his wife and children to provide maintenance.

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Analisis Yuridis Tanggung Jawab Ayah Kandung Terhadap Nafkah Anak Setelah Perceraian

Cited by 2 publications

References 0 publications

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW

Problem of Determining Past Income for Children in Court the Decisions

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