LEGAL POSITION OF CHILDREN BORN FROM UNREGISTERED MARRIAGES ACCORDING TO THE PERSPECTIVES OF ISLAMIC LAW AND POSITIVE LAW

Abstract

This research aims to find out, understand and analyze the legal position of children born from unregistered marriages and the legal consequences for children born from unregistered marriages according to the perspective of Islamic law and positive law. The research method used is the normative research method, namely a legal research method that uses a focus on studying legal norms, which includes regulations that are relevant to the problem being studied. The results of this research are that the legal status of children born from unregistered marriages according to Islamic law is legal, as long as the child is born from a marriage that meets the requirements and is harmonious in marriage. Meanwhile, according to positive law, the status is an illegitimate child, but the child can be recognized by the state as a legitimate child if it can be proven to be a legitimate biological child from the marriage of both parents, provided that it can be proven by the existence of a biological relationship between the child and the father based on science and technology and/or other evidence according to the law of having a blood relationship. The legal consequences for children born as a result of unregistered marriages according to the perspective of Islamic law are that there are no consequences of an unregistered marriage for the child as long as the marriage complies with the provisions stipulated in the Shari'a . Meanwhile, the legal consequences according to the positive law perspective are that children only have a civil relationship with their mother and their mother's family, children and their mothers have no right to support and inheritance, and the child's status is unclear in public. The legal solution for children born from unregistered marriages is to have a marriage law so that children born from unregistered marriages have clear legal status.