STATUS HUKUM ANAK DILUAR NIKAH
Abstract
According to Islamic law, children out of wedlock have only lineage relationship with her mother and her mother's family, since they only lineage and inheritance with his mother and his mother's family. According to the laws of marriage and the compilation of Islamic law, states that a child outside of marriage has only civil relationship with her mother and her mother's family. According to the Civil Code, states that a child outside of marriage, except those born of adultery or contamination of blood, was passed by the subsequent marriage of their father and mother, before marriage if they have legal recognition of the child, or if it occurred in the recognition her own marriage certificate. According to the decision of the constitutional court, a child born outside marriage have a civil relationship with her mother and her mother's family as well as with men as her father can be proved by science and technology, and/or other evidence under the law to have blood relations, including civil relations with his father's family.References
Departemen Agama RI, Al Qur’an dan Terjemahnya,Jakarta,2005
Departeman Agama RI, Himpunan peraturan perundang undangan perkawinan,Jakarta,2010
Departemen Agama RI, Kompilasi Hukum Islam di Indonesia, Jakarta,2004
Ibnu Rusyd Al-Qurthubi, Bidayah al-Mujtahid, Dar Al Ma’rifah, 1982
Kitab Undang-Undang Hukum Perdata
Syafran Sofyan,Putusan Mahkamah Kontitusi Tentang Status Anak Luar Kawin, (Makalah)
Syaikh Muhammad bin Qosim al ghazziy, Fathul Qorib al Mujib 2, terjemahan: A Hufaf Ibriy, Tiga Dua Surabaya, 2004
Umar said,Hukum Islam di Indonesia,CV. Cempaka,Surabaya,1996
Undang Undang Dasar Negara Republik Indonesia Tahun 1945
Putusan MK Nomor 46/PUU-VIII/2010 tanggal 12 Februari 2012.
Copyright (c) 2016 Al Hikmah: Jurnal Studi Keislaman
This work is licensed under a Creative Commons Attribution 4.0 International License.
Hak Cipta dari artikel yang diterima oleh Al Hikmah: Jurnal Studi Keislaman bisa disebarkan untuk publik