Abdullah, Ru’fah and Choirin, Muhammad and Mat Rashid, Azizah Binti (2022) المشكلات القانونية المتعلقة بزواج المرأة الحامل خارج إطارالزواج والوضع القانوني للأطفال المولودين (غير الشرعيين): إندونسيا وماليزيا نوذجا Legal Problems Related to The Marriage of a Pregnant Woman Outside Marriage and The Legal Status of Children Born (Illegitimate): Indonesia and Malaysia as Models. Jurnal of Muwafaqat, 5/2. pp. 105-117.
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Abstrak
The issue of sexual intercourse outside marriage is one of the issues that never ends, as it almost adorns the lives of human societies in the world, whether it is sexual harassment, rape, or the result of sweet promises from a man to marry his girlfriend. The terms are different, but the meaning is the same, which is the robbery of women's rights and honor. Rape or adultery, whether the raped or adulterous woman is subsequently married or not, has a negative impact on the woman herself and on the child. In jurisprudence, the hadith still revolves around the validity of the marriage of a pregnant woman from fornication and the condition of children born outside the marriage ceremony. Then comes another dispute, is it permissible to marry her after four months of pregnancy or before four months? Not to mention if the adulterous man refuses to marry her, then the woman is the one who takes care of her son herself, whether in terms of alimony, education or inheritance, all of which is the responsibility of the mother. The same applies to positive law, which was not able to fully formulate the final solution. When the application for a birth certificate is submitted for a child born outside the marriage ceremony, it is attached to the mother only, because the legitimacy of the children is not recognized. Hence, a new problem arises, which is that if the newborn is female, the biological father cannot be her guardian in the marriage contract.
| Tipe Item/Data: | Artikel |
|---|---|
| Kata Kunci (keywords): | Marriage of A Pregnant Woman for Adultery, the Legal Status of Illegitimate Children |
| Subjek: | 2x4 Fiqh > 2x4.3 Hukum Perkawinan / Munakahat |
| User Penyetor: | S.IPI Tsulatsiah Andi |
| Tanggal Disetorkan: | 27 Jan 2023 03:21 |
| Perubahan Terakhir: | 07 Feb 2023 04:08 |
| URI: | http://repository.uinbanten.ac.id/id/eprint/11120 |
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