Protection Status Child Results Adultery According to Law Family Islam And Constitutional Court Decision Number 46/PUU-VIII/2010
Keywords:
Child of adultery, Islamic family law, Constitutional Court Decision No. 46/PUU- VIII/2010Abstract
Status and position that has legal legality is one of the things that really needs to be fought for, because with a clear status we can have rights in social life. Especially for children who have just been born into the world in a pure state, they really need legal protection so that all their rights can be achieved for the sake of their continued growth, because they see the reality in society which still views social groups, one of which is children born outside of a legal marriage. In this paper, we will thoroughly examine the status of children born out of wedlock, so that these children receive the same rights protection as children in general. The author in this research used normative juridical research methods. to analyze the level of synchronization of laws regarding illegitimate children between Islam law and positive law, with data sources obtained through the works and normative documentation of experts, which have continuity with the theme raised by the author in this research. From this research, the author can learn many things about understanding the status of children outside of marriage, where there is a lot of debate regarding the status of children born outside of marriage, the many legal products in force also affect the legal status of children born outside of marriage. Because quite a few of these legal products conflict with each other, we as reviewers must be clever in interpreting each legal content so US note to go astray in solving a problem. Especially regarding the status of children born outside of marriage, because children born outside of marriage also feel the impact on various aspects of their lives, because these children will only be looked down upon by their environment. The benefits of this research is that we can find out what a status is in our lives in order to get the same life rights US social creatures in general.
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