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

Authors

  • silviana silviana UIN Suska Riau Author

DOI:

https://doi.org/10.35335/63xtne32

Keywords:

Children's Rights, Siri Marriage, Islamic Law

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.

References

Agnes, F. (2011). Family Law: Volume 2: Marriage, Divorce, and Matrimonial Litigation. Oxford University Press.

Al-Husseini, A. S. (2020). Parental Dialogue in the Holy Quran and Its Effect on Raising Children (Surat Luqman as a Model). Journal of Xi’an University of Architecture & Technology XII, No. IV, 2186–2207.

Aladdin, A., & Khisni, A. (2019). Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law. Jurnal Akta, 6(3), 442685.

Ali, Z. (2016). Concepts of god in Islam. Philosophy Compass, 11(12), 892–904.

Arfat, S. (2013). Islamic perspective of children’s right: An overview. Asian Journal of Social Sciences and Humanities, 2(1).

Banu az-Zubair, M. K. (2007). Who is a parent? Parenthood in Islamic ethics. Journal of Medical Ethics, 33(10), 605–609.

Brake, E. (2012). Minimizing marriage: Marriage, morality, and the law. Oxford University Press.

Buhai, S. L. (2006). Parental support of adult children with disabilities. Minn. L. Rev., 91, 710.

Frantz, C. J., & Dagan, H. (2004). Properties of marriage. Colum. L. Rev., 104, 75.

Gallagher, M. (2001). What is marriage for-the public purposes of marriage law. La. L. Rev., 62, 773.

Grijns, M., & Horii, H. (2018). Child marriage in a village in West Java (Indonesia): Compromises between legal obligations and religious concerns. Asian Journal of Law and Society, 5(2), 453–466.

Hart, H. L. A. (2017). Are There any Natural Rights? 1. In Theories of Rights (pp. 61–77). Routledge.

Islam, M. S. (2015). Fundamental human rights towards childhood: Islamic guidelines are unique to protect the child. Journal of Asia Pacific Studies, 4(2), 177–202.

Latifiani, D. (2014). The consequences of an unregistered marriage for the wife and born children according to the legal system in Indonesia. South East Asia Journal of Contemporary Business, Economics and Law, 4(3), 94–98.

Louw, A. (2010). The constitutionality of a biological father’s recognition as a parent. Potchefstroom Electronic Law Journal, 13(3), 155–206.

Mack, E. (2010). The natural right of property. Social Philosophy and Policy, 27(1), 53–78.

Maloko, M. T. (2015). Unregistered marriage in Islamic law perspective a critical study of Islamic law compilation. Al-Mawarid: Jurnal Hukum Islam, 49–68.

Mohler Jr, R. A. (2015). We cannot be silent: speaking truth to a culture redefining sex, marriage, and the very meaning of right and wrong. Thomas Nelson.

Nugraheni, P. D. (2019). The implementation of marriage different religion and their due to the law of the religion of marriage status. Law and Justice, 4(2), 68–82.

Razak, M. R. R. (2018). The effect of siri’s marriage on government administration.

Sarwar, M. (2020). Typical flies: Natural history, lifestyle and diversity of Diptera. Life Cycle and Development of Diptera, 1–50.

Sendy, B., & Tarigan, V. C. (2020). A Study of Children’s Rights from Illegal Marriage. International Journal of Research and Review, 7(3).

Sutherland, E. E. (2015). The child’s right to life, survival and development: evolution and progress. Stellenbosch Law Review, 26(2), 272–294.

Tono, S., Syibly, M. R., Mu’allim, A., Nurozi, A., & Purwanto, M. R. (2019). THE HARMONIOUS RELATIONSHIP BETWEEN MINANGKABAU CUSTOM AND ISLAM IN THE DISTRIBUTION OF INHERITANCE. Al-Shajarah: Journal of the International Institute of Islamic Thought & Civilization.

Wallerstein, J. (2019). The good marriage: How and why love lasts. Plunkett Lake Press.

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Published

2025-07-30

How to Cite

Children’s Rights Resulting from Siri Marriage According to Islamic Law. (2025). SYARIAT: Akhwal Syaksiyah, Jinayah, Siyasah and Muamalah, 2(2), 42-48. https://doi.org/10.35335/63xtne32

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