scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

Hukum Islam ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 89
Author(s):  
HARI SUTRA DISEMADI
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

scholarly journals ADULTERY CHILD STATUS IN ISLAMIC LAW AND IN THE CIVIL CODE

2019 ◽  
Vol 3 (2) ◽  
pp. 20
Author(s):  
Hari Sutra Disemadi
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Civil Code ◽  
Cost Of Living ◽  
Biological Father ◽  
Marital Relations ◽  
Illegitimate Child ◽  
The Status ◽  
The Cost

Problems regarding the status of children born outside of legal marital relations are still interesting discussions. In the community the status of children is often questioned, because not a few children are born without marriage. So from this this study will focus on the status of illegitimate children in Islamic law and in the Civil Code. The research method used is a normative juridical research method based on secondary data, namely primary legal material, secondary legal material and tertiary legal material. This research shows that in Islamic law and Civil Code the legitimate denial of children can result in the breakup of marriage making the child an illegitimate child and not having an inheritance relationship with his parents, but his mother according to Islamic law. If the child of adultery is associated with obligations and responsibilities regarding survival, then the parents or fathers are still charged with the obligation to provide a living. As the cost of living and the cost of their education as needed or according to their abilities, because he is the biological father of the child. If the status of the adultery child is associated with inheritance according to BW, then he does not inherit at all to the two tunya people. but if it is associated with Islamic inheritance, then he inherits only his mother and his mother's family.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals Status dan Hak Anak Tak Sah Islam dalam Undang-Undang di Malaysia

2018 ◽  
Vol 10 (3-4) ◽  
Author(s):  
Zanariah Noor
Keyword(s):  
Islamic Law ◽  
Family Law ◽  
Civil Law ◽  
Birth Certificate ◽  
Biological Father ◽  
Self Identity ◽  
Illegitimate Child ◽  
Content Analysis Method ◽  
The Status ◽  
Islamic Family Law

Illegitimate child refers to a child conceived during sexual intercourse outside of wedlock. The jurists have different views regarding the gestation period of pregnancy that affects the legitimacy status of the child. The objective of this article is to analyze the different views of the jurists regarding the status as well as rights of the illegitimate child in Islam and current religious ruling implemented in Malaysia. This article also analyzes the rights of the illegitimate child towards a personal identity that involved lineage that effects on how his/her name and surname will be stated on birth certificate according to the Islamic and civil law in Malaysia. Issues on custody, maintenance, marriage guardianship of the illegitimate child and his/her relation with biological father that married to his / her mother will also be discussed according to the opinions of the jurists as well as Islamic family law in Malaysia. This study utilized content analysis method on discussions put forward by the jurists in authoritative jurisprudence books as well as contemporary jurisprudence books and law provisions that are provided in Islamic and civil law implemented in Malaysia to date. The findings show that Islamic family law protects rights of the illegitimate child in terms of self-identity (lineage), custody, maintenance and marriage guardianship. However, the issue regarding the surname of the illegitimate child was raised in Civil Court, arguing that he/she should be allowed to be named to his/her biological father who had married the mother. This issue needs to be scrutinized. The amendment should be carried out so that matters related to the Muslims' personal laws are implemented according to the Islamic law.

scholarly journals MOBILITAS SIRKULER DI DESA SEA SATU KECAMATAN PINELENG KABUPATEN MINAHASA

2018 ◽  
Vol 14 (2) ◽  
pp. 131
Author(s):  
Simon Samuel A. Wales ◽  
Agnes E. Loho ◽  
Jean F. J. Timban
Keyword(s):  
Home Ownership ◽  
Secondary Data ◽  
Civil Servant ◽  
Education Level ◽  
Primary Data ◽  
Cost Of Living ◽  
Head Office ◽  
The Status ◽  
The Cost ◽  
The Village

This study aims to determine the circular mobility that occurs in the Sea Satu Village, Pineleng Sub-district of Minahasa Regency, based on several aspects. The data needed to answer for the objectives is primary data and secondary data. Data were collected from direct interviews with respondents, as well as other data taken directly at the Village Head Office. The data were analyzed descriptively and described based on aspects related to circular mobility in this Sea Satu Village. The characteristics of circular mobility practitioners in Desa Sea Satu Village are due to aspects of age, gender, number of family members, education level, occupation type (TNI/POLRI), civil servant, private employee, entrepreneur, Honorer, Craftman, Driver and Ojek) , the number of dependents. The incentive factors are the types of transportation, mileage, and the towing factors are the status of home ownership, and the cost of living.*jnkd*.

PERSPEKTIF HUKUM TERHADAP STATUS ANAK LUAR NIKAH DALAM MEMPEROLEH HAK WARIS KOMPILASI HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

ABSTRACT This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

Perspektif Hukum terhadap Status Anak Luar Nikah Dalam Memperoleh Hak Waris Kompilasi Hukum Islam

2019 ◽  
Vol 1 (2) ◽  
pp. 158-166
Author(s):  
Yapiter Marpi
Keyword(s):  
Islamic Law ◽  
Family Relations ◽  
Secondary Data ◽  
Primary Data ◽  
Biological Father ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family ◽  
The Status ◽  
The Guardian

This study aims to determine and discuss the perspective of inheritance law on the status of out-of-wedlock children in obtaining the inheritance rights of Islamic law compilation. The method used is a qualitative method using secondary data and primary data for completeness of data, data analysis used using normative analysis. Based on the results of research, among others, first, the position of out-of-wedlock children according to Islamic Law is based on nasab as the legality of family relations based on blood relations, as a result of legal marriage. The problem is that there is no relationship between the child's relationship with his biological father; there are no rights and obligations between the child and his biological father, inheritance and so on; if by chance the child is a woman, then the biological father cannot be the guardian, so that the guardian can be a child out of wedlock; secondly, the status of inheritance rights for out-of-wedlock children according to Islamic law only have a mutual inheritance relationship with the family from the mother's side, however there is a need for legal breakthroughs related to this, namely in the Islamic inheritance system, there are grant institutions in the form of giving biological father's day and can also the wills of the Mandatory from his biological father. Keywords; Inheritance rights, out-of-wedlock children, compilation of islamic law.    

scholarly journals Penerapan Alternatif Akad Pembiayaan Haji dan umrah Pasca Peraturan Menteri No 24 Tahun 2016 Pada Bank Panin Dubai Syariah Surabaya

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Fitrotu Aini
Keyword(s):  
Financial Services ◽  
Government Regulation ◽  
Islamic Law ◽  
Secondary Data ◽  
Study Approach ◽  
Left Behind ◽  
Secondary Data Source ◽  
The Government ◽  
The Cost ◽  
Financial Agreement

ABSTRACTHajj as a great symbol of worship. Hajj is the fifth pillar of Islam which is mandatory for every Muslim who are able to da it in accordance with the legal requirement of pilgrimage. One of the legal conditions of Hajj is the capability, capable to cover the cost of the hajj and the family left behind. Panin Bank Dubai Sharia Bank was established based on the regulation of Limited Company No. 12 dated January 8, 1972 by Moeslim Dalidd, a notary in Malang. PT. Bank Panin Dubai Syariah Tbk has been legalized by the Financial Services Authority ("OJK"), in accordance with a copy of the policy of the Board of Commissioners of OJK No. Kep-29 / D.03 / 2016 on July 26, 2016.Therefore, through this research, the writer wants to understand: (1) how is the practice of applying alternative financial agreement of hajj and umrah after the implementation of regulation made by ministry of religious affair No. 24 year 2016 at Panin Bank Dubai Syariah Surabaya branch? (2) What is the analysis of Islamic law on the practice of multilateral contract alternative application in this Bank? Therefore, this study is aimed to, firstly, understand and describe the application of alternative contracts to hajj and umrah after the regulation of Ministry of Religious Affairs No. 24 of 2016 in Panin Bank Dubai Sharia branch Surabaya, and to describe the analysis of Sharia Economic Law about the practice of applying alternative contract in the bank.The method used in this research is qualitative method. The research data are taken in natural situation in Panin Bank Dubai Syariah Surabaya. The data are taken during operational hours using case study approach. Are done through interview technique with the main participant, Assistant Manager 1, and document, archive, book, sample of registration, as secondary data source. The data are analyzed through 3 (three) data deduction, display data and ended with conclusion and verification.The results of the study indicate that the Panin Bank Dubai Sharia runs in accordance with the government regulation No. 24 year 2016 "BPS BPIH is prohibited from providing direct and indirect Hajj money service" including Hajj and Umrah services using various financing products and funds saving, funds collecting in the form of deposits, savings or other forms, using multi-service financing akad wadi'ah, with the savings of hajj services with initial minimum deposit of Rp500,000,and according to customers’ ability. Keywords: hajj, umrah, wadi'ah.

scholarly journals KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals KONSEKUENSI MARRIED BY ACCIDENT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

2018 ◽  
Vol 9 (2) ◽  
pp. 133
Author(s):  
Imawanto Imawanto ◽  
Edi Yanto ◽  
Mappanyompa Mappanyompa
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Biological Father ◽  
Men And Women ◽  
Positive Law ◽  
Legal Guardianship ◽  
Illegitimate Child ◽  
Legal Perspective ◽  
The Guardian ◽  
Cover Up

This article discusses married by accident, which is a marriage that is forced to be carried out between a pair of men and women because the woman is already pregnant, their parents must marry her, in order to cover up their disgrace in the community. Using juridical-normative research methods. The results of the study are, first, the law of being married by accident is permitted both by positive law and Islamic law, secondly, the position of a married by accident child becomes a legitimate child in the perspective of positive law, and an illegitimate child in the perspective of Islamic law. Third, in a positive legal perspective, the legal guardianship and inheritance rights of a daughter from married by accident are her biological father and inheritance rights from her parents, whereas in Islamic legal perspective the child resulting from married by accident biological father has no right to give heirs and is not entitled also be the guardian of the child.keywords: Islamic law; married by accident; positive law. AbstrakArtikel ini membahas tentang married by accident, yaitu pernikahan yang terpaksa dilakukan antara sepasang laki-laki dan perempuan karena perempuannya sudah hamil terlebih dahulu, orang tua mereka harus menikahkannya, dalam rangka menutupi aib mereka di masyarakat. Menggunakan metode penelitian yuridis-normatif. Hasil penelitian, pertama, hukumnya married by accident di bolehkan baik oleh hukum positif dan hukum Islam, kedua, kedudukan anak married by accident menjadi anak sah dalam perspektrif hukum positif, dan anak tidak sah dalam  perspektif hukum Islam. Ketiga, dalam perspektif hukum positif, hak wali dan hak waris anak perempuan dari married by accident adalah ayah biologisnya dan memperoleh hak waris dari kedua orang tuanya, sedangkan dalam perspektif hukum Islam anak hasil dari married by accident ayah biologis tidak berhak memberikan waris dan tidak berhak pula menjadi wali anak tersebut ketika menikah.kata kunci: hukum Islam; hukum positif; married by accident.

scholarly journals DEBATE OF ISLAM AND COUNTRIES IN THE CONSTITUANTE BOARD, 1956-1959

2019 ◽  
Vol 2 ◽  
pp. 155-174
Author(s):  
Heri Herdiawanto ◽  
Valina Singka Subekti
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
The State ◽  
Islamic State ◽  
Basic Group ◽  
Constituent Assembly ◽  
Library Research ◽  
The One ◽  
The Relationship

This study examines Hamka's political thinking about Islam and the State in the Basic State debate that took place in the Constituent Assembly 1956-1959. Hamka belongs to the basic group of defenders of the Islamic state with Mohammad Natsir in the Masyumi faction, fighting for Islamic law before other factions namely the Nationalists, Communists, Socialists, Catholics-Protestants and members of the Constituent Assembly who are not fractured. Specifically examines the issue of why Islam is fought for as a state basis by Hamka. and how Hamka thought about the relationship between Islam and the state. The research method used is a type of library research with literature studies or documents consisting of primary and secondary data and reinforced by interviews. The theory used in this study is the theory of religious relations (Islam) and the state. This study found the first, according to Hamka, the Islamic struggle as the basis of the state was as a continuation of the historical ideals of the Indonesian national movement. The second was found that the constituent debate was the repetition of Islamic and nationalist ideological debates in the formulation of the Jakarta Charter. Third, this study also found Hamka's view that the One and Only God Almighty means Tauhid or the concept of the Essence of Allah SWT. The implication of this research theory is to strengthen Islamic thinking legally formally, that is thinking that requires Islam formally plays a major role in state life. The conclusion is that Indonesian society is a heterogeneous society in terms of religion. This means that constitutionally the state recognizes the diversity of religions embraced by the Indonesian people and guarantees the freedom of every individual to embrace religion and realize the teachings he believes in all aspects of life. Hamka in the Constituent Assembly stated that the struggle to establish a state based on Islam rather than a secular state for Islamic groups was a continuation of the ideals of historical will.

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