The Dynamics Of Illegitimate Child Status In Sharia And National Law Of Indonesia: Is There A Harmonization?

Habibi, Ahmad

doi:10.19105/al-manhaj.v3i1.4787

Cited by 2 publications

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“…The case of pregnant women outside of marriage does not only concern the adultery of the perpetrators and the hudud punishment for their actions, but also concerns the status and fate of the life of the baby in the womb. 76 According to researchers, the prohibition of adultery even to the point of causing pregnancy outside of marriage as the focus of this research, namely the marriage of pregnant women outside of marriage in Bengkulu city, is more about the translation of verses that explain the role and position of humans as caliphs/leaders. Humans are the noblest creatures, social creatures, perfect creatures; so that the goal is to achieve mashlahah, either in the form of benefits achieved or mudharat avoided.…”

Section: The Enforcement Of the Mbasuh Dusun Tradition As A Customary...mentioning

confidence: 99%

Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia

Efrinaldi,

Jayusman,

Fatimah

et al. 2023

Al-Istinbath: Jurnal Hukum Islam

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This research aims to reveal the enforcement of the mbasuh dusun tradition in cases of pregnancy outside marriage in Bengkulu City, Indonesia. This type of research is field research. The nature of this research is descriptive analytic. Data collection techniques in this study used observation, interviews, and documentation. The data obtained was analyzed using descriptive qualitative methods to obtain conclusions and research findings. The result of this study is that: the implementation of the mbasuh dusun tradition is a customary sanction for pregnant women outside of marriage in Bengkulu City, as al-'urf al-shahih and has an effective impact. This mbasuh dusun tradition is carried out by slaughtering a goat, and the perpetrator must be present to be aware and must apologize. Then give charity (and ask for prayers) at the place where the goat was slaughtered or outside the house. Unlike customary sanctions in other regions, the implementation of the mbasuh dusun tradition has a goal and purpose, so that the perpetrator is ashamed and does not repeat the act again, so that it can effectively reduce and even deter the perpetrator. The application of this customary sanction in the context of developing marriage law in Indonesia, it is necessary to review the legalization of marriage of pregnant women outside of marriage in the Compilation of Islamic Law (KHI), and it turns out that the provision of sanctions for pregnant women outside of marriage has a significant impact on creating a deterrent effect and bringing benefits to the community.

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Section: The Enforcement Of the Mbasuh Dusun Tradition As A Customary...mentioning

confidence: 99%

Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia

Efrinaldi,

Jayusman,

Fatimah

et al. 2023

Al-Istinbath: Jurnal Hukum Islam

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Decision of Constitutional Court on the Rights of the Child Out of Wedlock

Kusumo¹,

Jaelani²,

Kusumastuti³

2021

Advances in Social Science, Education and Humanities Research

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The status of children in Indonesia has been regulated in various laws and regulations. In marriage law, it is defined that a legitimate child is a child born from or in a legal marriage. However, after the issuance of the Constitutional Court's decision on the status of children out of wedlock, a debate arose among legal academics and practitioners of Islamic law in Indonesia. This debate is quite challenging and does not clear up the problem. This article aims to discuss the status of children out of wedlock after the issuance of the Constitutional Court. This article is a literature study, and the data were collected by investigating regulations and decisions regarding the status of children. This article argues that the constitutional court's decision establishes a new norm, which revises the rule of article 43 in the marriage law. According to the constitutional court's decision, children born out of wedlock have a civil relationship not only from the mother's line but also from the father's line on the condition that they can be proven biologically and scientifically.

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The Dynamics Of Illegitimate Child Status In Sharia And National Law Of Indonesia: Is There A Harmonization?

Cited by 2 publications

References 0 publications

Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia

Revealing the Enforcement of Mbasuh Dusun Tradition for Pregnant Women Outside of Marriage in Indonesia

Decision of Constitutional Court on the Rights of the Child Out of Wedlock

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