PELAKSANAAN PENGASUHAN ANAK NIKAH DI BAWAH TANGAN SETELAH PERCERAIAN DI KOTA PAINAN

Authors

  • Mutiara Lirvina Sori Bung Hatta University
  • Adri Bung Hatta University

Keywords:

Divorce, Underhanded Marriage, Parenting.

Abstract

Regarding marriages that are not registered or married under the hand, of course there are legal consequences that can harm the couple, even the resulting child. Formulation of the problem, 1. What are the effects of divorce from underhanded marriage on childcare obligations?.2. How does Islamic law review the legal protection of children due to divorce from underhanded marriages? 3. What are the obstacles and efforts to resolve under-handed marriage divorces and their effects on child care? The sociological juridical research method, using primary and secondary data, was analyzed qualitatively. Conclusions: 1. The impact of divorce from underhanded marriages on childcare obligations has no legal force so that when after a divorce occurs, the losses that will be obtained by the child are that the child's status is not recognized by law, the child cannot demand a living from the father, the child cannot sue the inheritance rights of the father and the child do not have a birth certificate. 2. A review of Islamic law on the legal protection of children due to divorce from underhanded marriages needs to be carried out because underhand marriages are allowed according to Islamic law so that fathers have the right to provide care, financing, maintenance, health and education of children, even though both have divorced. 3. Obstacles in resolving divorce under the hands of child care is that the wife cannot submit an application to the court to hold the father accountable. Efforts to settle a marriage divorce under the hands can be carried out with Isbath marriage or marriage ratification in advance and registration of marriages at the KUA

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Published

2022-03-13