Penetapan Status Anak Istilhaq Terhadap Anak Laqith Dalam Perspektif Hukum Islam

(Studi Analisis terhadap Kewenangan Pengadilan Agama Setelah Berlakunya Undang-Undang Nomor 3 Tahun 2006 tentang Peradilan Agama)

  • Sapri Ali Institut Agama Islam Faqih Asy'ari Kediri, Indonesia
Keywords: Istilhaq, Law No. 3 of 2006, Islamic law

Abstract

The case of a child who is missing because he is kidnapped or separated from his parents, or even deliberately hidden / separated by one of his parents to be separated from his parents as well (because the husband and wife divorced and the child became their capture). Such children, separated from their parents, live alone without any backrests, albeit for various reasons, on a large term including under the meaning of laqith children (abandoned children / child pungut / child findings). Indeed, the above cases, if you want to be examined and studied according to Islamic law entered into the state of maqasid at-tasyrie' regarding hifz an-nasl (maintenance of offspring). According to Prof. Dr. Wahbah Zuhaili, nasab is one of the five children's rights: nasab, radha' (milking), hadanah (maintenance), walayah (guardianship / protection) and bread. Related to the phenomenon of the condition of a child above, in the study of Islamic law there is a subject themed "istilhaq" or it can also be called iqraru bi an-nasb, which means the voluntary recognition of a man to a child, that he has a blood relation with the child, either the child is out of wedlock or the child is unknown of origin. Which becomes actual to be discussed because it is closely related to the absolute competence of the religious judicial body on the settlement of the origin of the child and the adoption of children formulated with the birth of Law No. 3 of 2006 on Amendments to Law No. 7 of 1989 on Religious Justice. The problem of istilhaq is closely related to the position of extramarital children. In Law No. 1 of 1974 article 43 paragraphs (1) and (2) mentioned, that children born outside of marriage only have a civil relationship with their mother, and their mother's family, while the position of the extramarital child will be regulated in a government regulation, but until now the government regulation has not yet come down / issued, related to the issuance of government regulations in question,  Such a thing will cause legal uncertainty and injustice, especially felt by the child and the mother who gave birth to it, while the impregnated man seems less responsible for his actions that have led to the birth of a child called an extramarital child.

Published
2021-09-27
Section
Articles