Dhiyaauddina, Anni and , Syaifuddin Zuhdi, S.HI., M.HI. (2023) Analisis Hasil Putusan Hakim Dalam Memutuskan Hak Anak Yang Diakibatkan Pernikahan Fasid (Studi Kasus Putusan No 1448/pdt.g/2021/pa.skh). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Marriage is an iner bond between aman along a woman as husband along wife. So if marriage is a very good contract to obey God's commands and to carry it out is worship, then the purpose of marriage is produce a happy life between husband and wife and children in order to achieve a family that is Sakinah Mawaddah Wa Rohmah. Annulment of marriage (fasakh) is an action taken after the marriage has been performed and some conditions have not been met. If the couple does not meet the requirements for marriage, the marriage may be annulled. “A fasid marriage is a marriage that does not fulfill one of the conditions. In this case, if the fasid marriage gives birth to a child, then what rights should the child have as aa result of the emergence of a fasid marriage? Regarding this problem, the author feels interested in studying and researching further related to fasid marriage in Decision No. 1448/ Pdt.G/2021/PA.Skh, The purpose of this study is to find out the rights of children due to fasid marriages and what considerations just which the judge is trying to decide on the rights of children in case no. 1448/Pdt.G/2021/PA.Skh. The type of research used is descriptive research, as well as the research method used by the author, namely the case approach, namely legal aspects, legal norms related to the views of Islamic law, and children's rights as a result of fasid marriage through the judge's considerations in the decision. The results of this study are: First, nasab fasid marriage has the same legal consequences as legal marriage, so the status is clearas legitimate child so that he is entitled to maintenance and financing rights as well as inheritance. Second, the judge considers that it is in accordance with legal norms and views of Islamic law, therefore the judge decides that the child's rights are obtained is the hereditary right of her father and the right of subsistence that must be fulfilled to ensure the well-being of children
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Pernikahan Fasid, Hak Anak |
| Subjects: | K Law |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | ANNI DHIYAAUDDINA |
| Date Deposited: | 09 Aug 2023 06:15 |
| Last Modified: | 09 Aug 2023 06:15 |
| URI: | http://eprints.ums.ac.id/id/eprint/114725 |
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