Children's Rights Resulting from Siri Marriage According to Islamic Law

Legal marriage in the eyes of religion and the state certainly has no difficulty in obtaining children's rights from a legal marriage. Unlike marriages that are only valid in religion but are not recorded in the State, it will be difficult to obtain children's rights, such as inheritance from their fathers. Siri marriage is now again a problem. Because, serial marriage perpetrators can now be recorded by the state on the Family Card (KK), after decades of not being recognized in the Marriage Law. In accordance with the Marriage Law, all marriages must be registered with the state. Research on "Children's Rights Due to Siri Marriage According to Islamic Law" is a literature review research. In this study we use a review of Islamic law, and understand how the process of children's rights due to serial marriage according to Islamic law. So if we look again at the provisions of article 43 of the Marriage Law and article 100 of the KHI, Where a child born out of wedlock only has a legal relationship or sexual relationship only with his mother and his mother's family, then the child has no legal relationship with his father. So that the child cannot become the heir of the father, unless the father has applied for recognition of the child in the Court.

Authors

Publication Details

Journal
Syariat
Published
2025-07-30
DOI
https://doi.org/10.35335/63xtne32
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Children's Rights Resulting from Siri Marriage According to Islamic Law

Silviana Silviana
Syariat
Marriage and Family Dynamics
article

Children's Rights Resulting from Siri Marriage According to Islamic Law

Silviana Silviana
article en

Abstract

Legal marriage in the eyes of religion and the state certainly has no difficulty in obtaining children's rights from a legal marriage. Unlike marriages that are only valid in religion but are not recorded in the State, it will be difficult to obtain children's rights, such as inheritance from their fathers. Siri marriage is now again a problem. Because, serial marriage perpetrators can now be recorded by the state on the Family Card (KK), after decades of not being recognized in the Marriage Law. In accordance with the Marriage Law, all marriages must be registered with the state. Research on "Children's Rights Due to Siri Marriage According to Islamic Law" is a literature review research. In this study we use a review of Islamic law, and understand how the process of children's rights due to serial marriage according to Islamic law. So if we look again at the provisions of article 43 of the Marriage Law and article 100 of the KHI, Where a child born out of wedlock only has a legal relationship or sexual relationship only with his mother and his mother's family, then the child has no legal relationship with his father. So that the child cannot become the heir of the father, unless the father has applied for recognition of the child in the Court.

SyariatVol. 2(2)
Openalex Percentile: Top 66%
Marriage and Family Dynamics
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