Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia

Poppy Putri  Hidayani; Muhamad Helmi  Md Said; Tinuk Dwi  Cahyani

Article Details

Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia

Authors:

Poppy Putri Hidayani | Muhamad Helmi Md Said | Tinuk Dwi Cahyani

Publisher:

KnE Social Sciences

Journal:

KnE Social Sciences Vol.8 Issue 21, pp.670-691

Document Type:

Article

Publication Date:

5/2024

Document Language:

English

Document ID (Org No.):

2001512849

pISSN:

2518-668X

Keywords:

Abstract:

 Basically, child custody is the responsibility of both parents; however, in reality, in Indonesia, not all parents do it or get it. Many children do not get protection and rights, even though the related regulations already belong to the Indonesian state. It turns out that this can happen because of various factors that influence one of them related to legal marriage according to Civil law and Islamic law, there are differences between the two regulations. For example, according to civil law, marriage is legal if it is registered with the state, while in Islam it does not have to be. Under the existing rules, this causes an inequality between protection and the rights obtained by children. Based on these problems, this research was conducted to conduct an analysis related to civil law and Islamic law in Indonesia, which regulates child guardianship for children who are considered born out of wedlock, using qualitative research methods. The results obtained from this research show that according to civil law, marriage must be registered with the state to protect child custody and provide clear legal protection, not only for children but also for wives. Meanwhile, according to Islamic law, a marriage that cannot be registered with the state still has a valid law, for example, Siri marriage or underhand marriage. However, in both civil and Islamic law, it is clear that a child in this condition can only have a bloodline relationship between the mother and the mother’s family. The biological father cannot be the guardian of the child. The current condition of society, which tends to take the matter of marriage lightly by ignoring marriage registration and so on, should receive special attention from the government. In this case, the government can more often provide premarital counselling and/or outreach related to marriage in Indonesia. Also, it is very important to increase public awareness.

Article Details

Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia

Authors:

Poppy Putri Hidayani | Muhamad Helmi Md Said | Tinuk Dwi Cahyani

Publisher:

KnE Social Sciences

Journal:

KnE Social Sciences Vol.8 Issue 21, pp.670-691

Document Type:

Article

Publication Date:

5/2024

Document Language:

English

Document ID (Org No.):

2001512849

pISSN:

2518-668X

child born out of wedlock

marriage

custody

Issues

Article Details

Contradiction of CIVIL Code with Islamic Law Regarding Children Guardianship Outside Marriage in Indonesia

Authors: Poppy Putri Hidayani | Muhamad Helmi Md Said | Tinuk Dwi Cahyani

Publisher: KnE Social Sciences

Journal: KnE Social Sciences Vol.8 Issue 21, pp.670-691

Document Type: Article

Publication Date: 5/2024

Document Language: English

Document ID (Org No.): 2001512849

pISSN: 2518-668X

child born out of wedlock

marriage

custody

Issues

Authors:

Poppy Putri Hidayani | Muhamad Helmi Md Said | Tinuk Dwi Cahyani

Publisher:

KnE Social Sciences

Journal:

KnE Social Sciences Vol.8 Issue 21, pp.670-691

Document Type:

Article

Publication Date:

5/2024

Document Language:

English

Document ID (Org No.):

2001512849

pISSN:

2518-668X