Perwalian Ayah Biologis Anak Diluar Perkawinan Dalam Pandangan Hukum Islam Dan Hukum Positif Indonesia (Studi Kasus di KUA Kecamatan Andong tahun 2019

Assalamah, Sa'aadah and , Dr. Rizka, S.Ag., M.H. (2021) Perwalian Ayah Biologis Anak Diluar Perkawinan Dalam Pandangan Hukum Islam Dan Hukum Positif Indonesia (Studi Kasus di KUA Kecamatan Andong tahun 2019. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The term marriage in Islam refers to a contract (bond) that is carried out by a man and a woman, in other words, it is called a future husband and a future wife. As we have seen, the conditions for marriage according to Islam are one of the guardians. Based on Islamic rules that are stated in the Al-Qur'an and As-sunnah, the establishment of guardianship rights is a must. This study aims to describe the method of determining the guardian of marriage for children born before marriage in the KUA Andong District and to describe the guardianship of the biological father of children born before marriage according to Islamic and Indonesian Positive Rules. This study uses a normative juridical approach. The type of research used is library research known as (library research) with the type of research in the form of normative rules. The results showed that the determination of the guardian of marriage which was based on Islamic law in the KUA Andong District which had been studied was in accordance with the fiqh munakahat which was in accordance with the jumhur agreement of the scholars, which stated that the child resulting from adultery was still up to the mother's lineage. Determination of guardian based on positive law in KUA Andong Subdistrict. The results have been researched by the researchers is in accordance with the Compilation of Islamic Law article 100 emphasizing the birth of a child resulting from an extramarital relationship, the lineage only reaches the lineage of the mother as well as the family of the mother. Regarding the authority of the biological father to the child out of wedlock as guardian of marriage, the scholars of the mazhab agree that the man who causes pregnancy is a woman and the one who gives birth to the child has no nasab relationship with the child. Regarding the right of the father to the biological status which is also considered the guardian of marriage for the child resulting from a relationship outside of marriage, positive law explains that a father with a biological status is not allowed to be a guardian in his marriage.

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	Guardianship, Determination of Marriage Guardian, Children outside of marriage
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	SA'AADAH ASSALAMAH
Date Deposited:	19 Mar 2021 02:19
Last Modified:	09 Apr 2021 06:21
URI:	http://eprints.ums.ac.id/id/eprint/90262

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